What could the Mexican soldiers who "disarmed" American Soldiers on U.S. soil be charged with?

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Closed
May 2018
646
Michigan
#1
Officials: Mexican Troops Disarmed American Soldiers On U.S. Side Of Border

1. The Mexican soldiers were on U.S. soil allegedly due to an error in navigation. Land navigation, particularly in sensitive border operations close to a national border, is a basic skill of any soldier in any country. Not only did the Mexican soldiers violate U.S. sovereignty, they are bad soldiers. If anything, the Mexican Army needs to charge them with some form of dereliction of duty.

2. They allegedly "pointed their weapons" at the U.S. soldiers. Texas Penal Code Texas Penal Code - PENAL § 22.05 | FindLaw indicates that they could be charged with a felony, as the incident involved pointing a firearm at someone, even without intent to do murder or bodily injury less than murder.

3. They were foreign nationals in possession of firearms on U.S./Texas soil. I couldn't find any laws regarding this, but I doubt it is legal for foreign nationals to be in possession of firearms on U.S. soil, particularly without any sort of official permission.

4. The FX-05 (FX-05 Xiuhcoatl - Wikipedia ) apparently has a semi, 3-round burst and full auto. Generally speaking, full auto is illegal in the U.S. without a Federal Firearms License, which I heavily doubt any of the Mexican soldiers possessed.

5. Theft, depending on the weapons carried by the U.S. soldiers. Even if the Mexican troops allegedly "put the confiscated weapons in the US soldier's vehicle", it could still be construed as an act of theft, possibly felony theft under Federal statutes. All individual weapons (and even the sights on the weapons, if they had an ACOG or CCO) are considered sensitive items by the U.S. Army. Not only could "confiscating" the weapons be a crime under Texas state law, but also a crime under Federal Laws, as it was Federal property that was, however briefly, stolen by foreign troops illegally on U.S. soil.

6. If the Mexican soldiers actually "detained" the U.S. Soldiers, the Mexicans should be charged with kidnapping.

Personally, I think the American soldiers handled the situation well, instead of killing the Mexican soldiers (an act they potentially could have done with complete legality when threatened by the Mexican soldiers). However, Mexico needs to offer a full apology and hand over the Mexican soldiers to be questioned by state and federal law enforcement officials. If evidence exists that they committed a crime, they should be tried.

In any case, I'm glad that a redux of the "Spot Resolutions" didn't happen. However, Mexico needs to offer an apology, and the U.S. needs to investigate if any crimes were committed by the Mexican soldiers (they at least violated U.S. firearms laws).
 
Last edited:
Aug 2014
4,229
Australia
#2
The US shouldn't charge them with anything. It was an honest mistake and no harm was done. It should be treated as a diplomatic incident and probably will be. Any punishment of the Mexican soldiers should be handled in Mexico. The US soldiers should be commended for their professionalism. It seems to me that Mexico is taking its border responsibilities seriously or its soldiers wouldn't have been out there in the first place.
 
Last edited:
May 2018
646
Michigan
#3
The US shouldn't charge them with anything. It was an honest mistake and no harm was done. It should be treated as a diplomatic incident and probably will be. Any punishment of the Mexican soldiers should be handled in Mexico. The US soldiers should be commended for their professionalism. It seems to me that Mexico is taking its border responsibilities seriously or its soldiers wouldn't have been out there in the first place.
Completely wrong. They had no business being on the US side of the border. If it was an 'honest mistake' then they are bad soldiers: Land nav is a basic soldier skill. Any soldier who doesn't know what country they are standing in shouldn't be wearing the uniform.

Any soldier had a duty and obligation to know basic things such as "what country am I physically standing in?'. Particularly before pointing weapons at anyone. If such a basic level of situational awareness is too hard, kick them out of the Army.

They violated US laws and committed a crime. They should be charged like anyone else on US soil who commits an obviously illegal act. Unless we are prepared to let things like felony brandishing, illegal firearms possession, and kidnapping go unpunished.
 
Mar 2019
524
Kansas
#5
Completely wrong. They had no business being on the US side of the border. If it was an 'honest mistake' then they are bad soldiers: Land nav is a basic soldier skill. Any soldier who doesn't know what country they are standing in shouldn't be wearing the uniform.
So the times US service personnel end up in the wrong place, you would agree they should be equally punished?
 
May 2018
646
Michigan
#6
The US shouldn't charge them with anything. It was an honest mistake and no harm was done. It should be treated as a diplomatic incident and probably will be. Any punishment of the Mexican soldiers should be handled in Mexico. The US soldiers should be commended for their professionalism. It seems to me that Mexico is taking its border responsibilities seriously or its soldiers wouldn't have been out there in the first place.
Disarming US soldiers and illegally is not 'taking their border security seriously.". The Mexican army should be preventing illegal border crossings, not *participating in said illegal border crossings themselves.*
 
May 2018
646
Michigan
#7
So the times US service personnel end up in the wrong place, you would agree they should be equally punished?
Ending up in the wrong place is a far cry from thereatening American soldiers, kidnapping them and stealing their weapons (however briefly).

If this was a matter of Mexican troops crossing the border briefly and turning around when they realized their mistake, I might feel differently.
 
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Closed