From [HERE] A man who saw an undocumented immigrant from Mexico get shot with a stun gun by U.S. border authorities said he testified Thursday to a federal grand jury amid signs that prosecutors are considering criminal charges in the immigrant's death after more than two years of silence on the politically charged case. Humberto Navarrete said that he testified for about 90 minutes at a San Diego courthouse and told the grand jury he thought the border officials' actions were excessive. The grand jury questioned Navarrete about what he saw and viewed a grainy video that he took on his cellphone.

Navarrete's video, which he released immediately after the May 2010 incident at San Diego's San Ysidro port of entry, captured audio of a man believed to be Anastasio Hernandez pleading for help and passers-by asking border authorities to leave him alone. "He was lying face-down on the ground, surrounded by agents," Navarrete, a 26-year-old San Diego resident, said he told the grand jury. The U.S. Justice Department's civil rights division has been presenting evidence to the grand jury on Hernandez's death, family attorney Eugene Iredale told the AP.

Hernández was caught trying to enter the United States from Mexico near San Diego. He had previously lived in the United States for 25 years and was the father of five U.S.-born children. But instead of deportation, Hernández-Rojas’s detention ended in his death. A number of border officers were seen beating him, before one tasered him at least five times. He died shortly afterward. The agents say they confronted Hernández-Rojas because he became hostile and resisted arrest. But previously undisclosed videos recorded by eyewitnesses on their cellphones show a different story. "All eyewitnesses that we spoke to basically tell the same story of a man hogtied and handcuffed behind his back, not resisting, being beaten repeatedly by batons, by kicks, by punches, by the use of a taser, for almost 30 minutes until he died," says reporter John Carlos Frey as part of a joint investigation by the PBS broadcast, "Need to Know," and the Investigative Fund of the Nation Institute. [MORE]