How this officer later described him. I remember putting his hand and what he faces from a drug cartel back home if he doesnt deliver. They dont want to hear the excuse, theyll just kill everyone to make an example. If you dont cross the border were going to kill your sister. Tonight, the 20 20 investigation. Life and death at the border. Good evening. Im david muir. And im elizabeth vargas. Days ago, horrific discovery in san antonio. Dozens of migrants found packed inside a sweltering trailer. Right here tonight, a separate case of someone crossing the border, very different circumstances but another tragic ending. That shocking video you just saw at the center of a yearlong 20 20 investigation. Heres brian ross. Reporter this is the Border Crossing with mexico at san ysidro, california, just south of san diego. More than 75,000 people a day coming into the country at the busiest Border Crossing in america. Among them, smugglers. Its 6 21, on a monday evening, and the man, in the white sweatshirt, is a smuggler. And tonight, he will be caught on tape trying to smuggle drugs into the country, methamphetamine, hidden in two plastic bottles in his shoulder bag. They are bringing drugs. They are bringing crime. Reporter the kind of activity that will later lead candidate donald trump to call for tougher border security. We have some bad hombres here and were going to get them out. Reporter the target on this night is a high school student, 16yearold Cruz Velazquez of tijuana, believed to be making his very first run as a smuggler. Over the next 1 hour and 38 minutes, this video, now obtained by 20 20 3 1 2 years after it happened, will show for the first time, in gripping detail, just how far u. S. Border officers will go in an encounter that will end up as a matter of life and death on the border. 16yearold children will do things that are very stupid. Reporter gene iredale is the lawyer hired by the young mans family to sue the government. Cruz was recruited we believe as a mule. Here, well give you a 100 or 200 if you just take these two bottles across the border. Alpha 35. Whiskey 8, whiskey 15. Reporter the border between Southern California and mexico is a place where u. S. Agents face a culture of smuggling, that no wall has ever stopped. All these squares, all these repairs that you see are where the smugglers cut the fence in order to cross migrants or drugs. Reporter the cartels have also used elaborate tunnels to go under the border, catapults to heave drugs over the border, as well as boats, even submarines, to go around the border by sea. The area has been known for generational smuggling. Meaning the grandfather did it, the father does it, now the son is doing it. Reporter but when we met with the family of Cruz Velazquez, his parents and sister reyna, they told us he was the first in the family to be involved in any criminal activity. He wanted to finish university and then have a family. He always wanted kids. Reporter cruz was a high school tenth grader. He had never been in trouble before, his sister told us, but she noticed a change when he started dating and got a new circle of friends. Maybe he wanted a little bit more money. And then he got the some bad friends and they say, oh, come on. Its cool. Everyone everybodys doing it. Reporter it is now 6 24, and the young man expects to be able to quickly get through customs with a special Border Crossing pass. Its for those who regularly cross the border for work or for quick trips of a few days. But not tonight for velazquez, to the everlasting regret of his sister. I know that my brother he made his choice. It wasnt a good choice, i know. Now and thing are already going bad. Reporter instead of a quick clearance, velazquez is stopped at whats called the primary inspection position where he appears nervous and the desk officer becomes suspicious. And soon, velazquez is escorted to whats called soft secondary, for fuller scrutiny and questioning. Things are about to get worse as he comes face to face with cbp, customs and Border Protection, officers Adrian Perallon, on the right, and Valerie Baird, on the left, who both will later be accused in a lawsuit of outrageous conduct that put this young mans life in jeopardy. Ms. Baird, what were you taught was the role of cbp officers at the port of entry . That we inspect passengers and conveyances and baggage and enforce immigration and customs laws. Officer perallon, you received training in controlled substances, is that right . Yes, we did. You learned what methamphetamine is . Yes. Reporter the methamphetamine in Cruz Velazquezs shoulder bag is just a small part of a multibilliondollar criminal business driven by a growing demand in the u. S. For the highly addictive drug. As depicted in the Television Series breaking bad, it is a drug made, or cooked, from chemicals. Incredibly profitable. 672,000. All in . No. Each. Each . Each. Reporter 7 04 now, and officer baird opens velazquezs bag to pull out the two bottles inside. In the preceding months, the cbp became aware of a new smuggling technique for methamphetamine, dissolving the powdered form in a concentrated liquid solution. You were suspicious of that bottle, were you not . Not at the time. Reporter but the video suggests otherwise as baird and perallon look closer, they seem to suspect something is not right. This smaller bottle is supposed to be black tea, and the larger bottle is supposed to be apple juice, and yet, you can see that the liquid in the two looks exactly the same. So they know that theres something funny, theres something fishy. You handled the bottles repeatedly and looked at them repeatedly, did you not . Correct. You noted that the two bottles had a fluid that was syrupy and viscous, right . Correct. Reporter now, the agents are about to make a fateful decision about how to handle this nervous teenager and the two suspicious bottles. At this point, if they are suspicious of whats in the bottles. The former head of internal affairs at customs and Border Protection, james tomsheck, says officers are taught a set protocol for just such situations. If they truly suspected there was a controlled substance in the bottle, they shouldve conducted a field test. They have the equipment available to do a field test . Absolutely. Am i correct that at the port of entry there are available the test kits, the reagents that you need to do tests . Yes, there is. And all you had to do if you wanted to use one is ask . Uh, you can get one yourself. You can go and get one yourself . Reporter but the two officers dont go and get one themselves. Instead, they seem to encourage or at least permit the 16yearold to do his own test. To drink it. Hi. Can you tell me about these new Social Security alerts i keep hearing about . Sure, just sign up online. Then well alert you if we find your Social Security number on any one of thousands of risky websites. Wow. Thats cool. How much is it . Oh, its free if you have a discover card. I like free yeah, we just want you to be in the know. Ooh. Hey sushi. Ugh. I smell it youre making me. Yeah, being in the know is a good thing. Know if your Social Security number is found on risky sites. Free from discover. [ intense music playing ] ] its here, but its going by fast. The opportunity of the year is back the mercedesbenz summer event. Get to your dealer today for incredible onceaseason offers, and start firing up those grilles. Lease the gle350 for 579 a month at your local mercedesbenz dealer. 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On mi came across this housentry with water dripping from the ceiling. You never know when Something Like this will happen. So let the Geico Insurance agency help you with Homeowners Insurance and protect yourself from things like fire, theft, or in this case, water damage. Cannonball now if i had to guess, id say somewhere upstairs theres a broken pipe. Let the Geico Insurance agency help you with Homeowners Insurance. Call today to see how much you could save. Reporter for the most part, it has been a normal night at the san ysidro, california, Border Crossing. People lined up to enter the country, their papers examined and then cleared to go. But not for Cruz Velazquez. He has been held at the soft secondary inspection position for just over five minutes now. Officers baird and perallon continue to examine the two bottles from his shoulder bag, and velazquez is becoming increasingly nervous. He knows he is in trouble, and not just with the border officers, but with the people in the cartel who paid him. In his mind, the cartel is worse that the u. S. Agents. Reporter the brutality and ruthlessness of the cartel that controls the tijuana border knows no limit. Bodies hanging from overpasses, mass executions, more than 30 journalists killed in the last five years alone, all to send a message. Theyre wellarmed. They will kill people. Reporter former fbi agent steve gomez, now an abc news consultant, says the cartels do not tolerate failure. A lot of times they dont even wanna hear the excuse. Theyll just kill everybody and make an example. Reporter so hes in a bad place . A very bad place. Reporter so now, velazquez is about to get one last chance to bluff his way out of his predicament, to prove whats in the bottle is not drugs, as the family lawyer took us through the video. Cruz now points at the bottle, and shes saying, okay, drink it. And she makes the gesture that we associate with to drink. Now, watch the male agent. He says, drink another one. You see them exchanging glances and smiles, because they know whats going on. This is a game in which hes being played with by these officers. They want to see what his reaction is. Theyre playing with him, and they think its funny. Reporter perallon later claimed he always thought it was just juice. But tests will show that what cruz swallowed what was in the bottle was more than one hundred times greater than a typical dose of methamphetamine. Dr. Ben nordstrom of the Phoenix House drug treatment program. This is a truly massive overdose. Reporter in terms of what you have seen before, how does this level compare . Its higher than anything ive ever seen in my career. Were you ever taught that its standard operating procedure, if you are suspicious about an item of food or drink, you should have the traveler consume it as part of your job as an officer . Were you taught that i dont at the academy . I dont recall. You dont recall . You dont remember that . [ light laughter ] i dont recall. And were you ever told, well, if you suspect something is a drug, why dont you ask the person to consume it and watch their reaction . No, sir. You shook your head no, and you made a pained expression. Thats obviously something that is not an appropriate technique, correct . Correct. Its something that should never be done. We can agree on that, can we not . Yes. Reporter but now, at 7 07, two minutes after the first drinks, it happens again. Two more sips. And you see the smile. Reporter a total of four swallows in all of the highly toxic solution. What you see, i think, is a basic lack of compassion and decency toward a 16yearold boy. Almost a delight that you would see in children who just pull the wings off flies slowly. A smile when hes being asked to drink something and being put in this position. Reporter watch this. Inexplicable. Its just outrageous conduct. Reporter james tomsheck, the former Customs Internal Affairs head, ousted amid controversy and now a critic of the agency, calls it a complete violation of the agencys protocols and training. If they had any suspicion that it was a controlled substance, it is truly outrageous conduct. Reporter completely inappropriate . Absolutely. Reporter yet, our 20 20 investigation, conducted with the nonprofit investigative fund, found its hardly the only case involving alleged abuse and mistreatment by the very Agency President trump is counting on to carry out his border policies. For too long, your officers and agents havent been allowed to properly do their jobs. You know that, right . Do you know that . Absolutely. Reporter well before President Trump took office, there had been at least ten suspect deaths, including the case of another mexican teenager, a 15yearold shot dead by a border agent in 2010, supposedly for throwing rocks. To the outrage of the young mans family, the agent was not prosecuted. In another infamous case, five years ago, caught on home video, a Border Patrol agent in an air boat on the rio grande river, shot at a family on a picnic on the mexican side of the border, killing the father, and then speeding away, later claiming someone in the group was also throwing rocks. Again, no criminal charges. There is a Clear History of agents and officers engaging in what i believe was serious misconduct. Reporter and at the same san ysidro Border Crossing where Cruz Velazquez was stopped, this remarkable phone video from 2010 revealed what tomsheck says really happened when officers beat and repeatedly used a stun gun on a suspect lying on the ground, claiming he was resisting arrest and high on drugs. He suffered a heart attack and later died at a hospital. No action was taken against the officers. When he was being tasered, was he resisting . I dont believe that was the case. I believe he was on the ground, restrained. Reporter was that a justified use of force . It certainly did not appear to be so. Reporter so they were trying to cover up what really happened here. Absolutely. Reporter in the case of Cruz Velazquez, officers will later claim he volunteered to drink the methamphetamine solution. Now, 7 11, six minutes after velazquez took the first drink from the bottle, officer baird puts the bottles back into his bag and inspects his passport. Officer perallon goes through his wallet and now the teenager can be seen wiping his forehead. Whats happening in his body is that that is working its way up to his brain. Reporter as another officer pats him down, he again wipes his forehead. Its getting to him. Youll see that he begins to sweat profusely. He takes off his jacket. And its about to get a lot worse. When that hits, how much of a punch is that . Its not going to be one punch. Its going to be a series of punches. Reporter its 7 29 p. M. Nowe season. On the agile mkc. On the versatile midsize lincoln mkx. Or go where summer takes you in the exhilarating mkz. The lincoln summer invitation sales event. Ask about complimentary pick up delivery servicing. Right now get zero percent apr plus 1,000 dollars Summer Savings on the lincoln mkx, mkc and mkz people ask why i switched to sprint. Well, their Network Reliability is within 1 of the big guys. And they have the best price for unlimited among National Carriers and. Wait are you watching this on the awesome iphone 7 . You gotta get iphone 7 from sprint and theyll give you a second one on them what are you doing . Go switch to sprint whos he talking to . I dont know. But i better go to sprint. Wait two iphone 7s. Love you vo get sprint unlimited. And now, get iphone 7 for people with hearing loss, and get a second iphone 7 on us. Visit sprintrelay. Com. With some big news about type 2 diabetes. You have type 2 diabetes, right . Yes. So let me ask you this. How does diabetes affect your heart . It doesnt, does it . Actually, it does. Type 2 diabetes can make you twice as likely to die from a cardiovascular event, like a heart attack or stroke. And with Heart Disease, your risk is even higher. You didnt know that. No. Yeah. But, wait, theres good news for adults who have type 2 diabetes and Heart Disease. Jardiance is the only type 2 diabetes pill with a lifesaving cardiovascular benefit. Jardiance is proven to both significantly reduce the chance of dying from a cardiovascular event in adults who have type 2 diabetes and Heart Disease and lower your a1c. Jardiance can cause serious side effects including dehydration. This may cause you to feel dizzy, faint, or lightheaded, or weak upon standing. Ketoacidosis is a serious side effect that may be fatal. Symptoms include nausea, vomiting, stomach pain, tiredness, and trouble breathing. Stop taking jardiance and call your doctor right away if you have symptoms of ketoacidosis or an allergic reaction. Symptoms of an allergic reaction include rash, swelling, and difficulty breathing or swallowing. Do not take jardiance if you are on dialysis or have severe kidney problems. Other side effects are sudden kidney problems, genital yeast infections, increased bad cholesterol, and urinary tract infections, which may be serious. Taking jardiance with a sulfonylurea or insulin may cause low blood sugar. Tell your doctor about all the medicines you take and if you have any medical conditions. So now that you know all that, what do you think . That its time to think about jardiance. Ask your doctor about jardiance. And get to the heart of what matters. Reporter now 7 36 in the evening, and Cruz Velazquez, in the striped shirt, knows his risky gamble to drink from the bottle did not work. You saw that mr. Velazquez was sweating heavily . I did. I saw that he was shaking, and i thought that he was possibly a body carrier. Reporter but there still have been no calls for paramedics at this point, as the concentrated methamphetamine the young man swallowed is being digested in his body. He wont be able to feel it. But his Blood Pressure is going to be rising. But its still going to take a couple of minutes for it to actually get through the wall of your stomach or intestine and into your bloodstream and then from your bloodstream up to your heart and your brain. Reporter now, velazquez is put in handcuffs and a drugsniffing dog arrives and alerts, indicating he has been in contact with some kind of illegal substance. Even so, as a 16yearold, velazquezs legal jeopardy would not have been so severe, one reason the cartels like to recruit teenagers as their mules. He wouldve probably been put in custody for three months to six months, and then returned to mexico. Reporter but to admit what he has done and return to mexico and the cartels, could be a death sentence for the young man. And now his body is in panic mode. Its getting every signal that it can that something bad is happening and that you need to get ready to either run away or fight for your life. Reporter but there is nowhere to run, he is under the control of border officers whose action or inaction will determine his fate. No one is smiling now, and officer baird will later reluctantly admit she was concerned he had swallowed liquid methamphetamine after just the first two sips. I i dont recall but im sure i had some concern, yes. Yes, because if it were liquid methamphetamine, he could get very sick. Correct. Or he could die . Yes . Yes . Correct. Reporter but at the time, officers baird and perallon had little to fear for any possible misconduct. Congress and civil Rights Groups accused the agency of tolerating rogue officers and agents who crossed the line. Within that Large Organization are many who believe theyre held to a different standard and wont be held accountable for engaging in misconduct. Reporter with hundreds of alleged victims, including teenagers travelling without parents, whose complaints were given short shrift. Translator he told me to take off my bra and he started touching me. Reporter just last year, these two sisters who had fled guatemala to escape violence and seek asylum in the u. S. , say they were violated one after the other by a u. S. Border agent, supposedly searching for contraband. Translator the agent came back with my sister and then said to me, its your turn. Then he said, pull down your underwear. He reached his hand out and put his hand in between my legs. And the worst was when he told me, turn around. Bend over. And i bent over. Reporter but their complaint, like scores of others, according to the aclu, was quietly closed, when the agent simply denied he did anything wrong. He said, they said and he was the one who was believed. They just take the agents word for it . Thats correct. Reporter Mitra Ebadolahi works in the aclus Border Program in san diego. So, if the agent says, i have no knowledge of this. Thats it. Thats it. I dont remember that. These are just some of them. There are hundreds and hundreds of complaints filed by unaccompanied minors to your own agency. Reporter Gil Kerlikowske, the commissioner of customs and Border Protection under the obama administration, says the complaints only involved a small number of officers and agents. These dont trouble you . Well, the number of complaints that come in are high. But id say under my watch, weve increased dramatically our ability to do these investigations. So you dont see any coverup of allegations by you or anyone in this agency . Well, i dont see any coverup especially by me. Reporter in the wake of our questions, customs and Border Protection now says the complaint filed by the two sisters is not closed but remains under investigation. Which will make it a first in over a hundred cases the aclu says it has analyzed. As far as i can tell there has not been a single complete investigation of any of the allegations that ive seen. Not even one . Not one. Reporter now 7 38 p. M. , at the border station in san ysidro, and Cruz Velazquez is led away in handcuffs to a back room, the security office. Its more than a half hour now since he drank the poison. And there still has been no medical attention for this young man, sweating heavily. Hes really walking into kind of a chemical buzzsaw. That flushed feeling is going to turn into Something Like a fever, not going to be able to cool down or get comfortable. He should be in the e. R. You think at this point . Ideally, yes. The sooner somebody can get to an emergency room after a situation like this, the better their chances are going to be. So if theres a delay . A delay is going to be catastrophic. Reporter its 7 43 p. M. And time is running out to save him. Ready, ok when we say study you say haul study haul study haul when we say study you say haul study haul study haul everything you need to ready, set, go back to school. i wanted him to eat healthy. , so i feed jake purina cat chow naturals indoor, a nutritfiious fmucial flavor. Made specifically for indoor cats. Purina cat chow. Nutrition to build better lives. Copdso to breathe better,athe. I go with anoro. Go your own way copd tries to say, go this way. I say, ill go my own way with anoro. Go your own way oncedaily anoro contains two medicines called bronchodilators, that Work Together to significantly improve lung function all day and all night. Anoro is not for asthma. It contains a type of medicine that increases risk of death in people with asthma. The risk is unknown in copd. Anoro wont replace rescue inhalers for sudden symptoms and should not be used more than once a day. Tell your doctor if you have a heart condition, high Blood Pressure, glaucoma, prostate, bladder, or urinary problems. These may worsen with anoro. Call your doctor if you have worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain while taking anoro. Ask your doctor about anoro. Go your own way get your first prescription free at anoro. Com. Reporter it is now 7 44 p. M. At the san ysidro border station. And the fate of 16yearold Cruz Velazquez is playing out in the security office, where he is clearly in trouble, and where officer Valerie Baird has followed the young man she suspected of carrying or smuggling drugs. I noticed some labored breathing, and he was shaking a lot. I remember putting my hand on him and just told him to to, like, relax, calm down. I thought he was nervous about that he was going to get caught in the body carry and to just relax when he came to the table. His body is sending him the signal that something horrible is happening. Hes obviously in terrible physical distress. Reporter still handcuffed, velazquez is being steadied by officer Adrian Perallon, who repeatedly wipes the teenagers face as he sweats profusely. When i was standing with him, he was telling me to hit him. He wanted me to hit him. And then he just said that he didnt want to die. Reporter a third officer, nina signorello also comes to his aid. I recall hearing him scream and i wanted to go assist in calming him down. Did he scream a word . He was screaming in spanish and im not fluent in spanish, and i did understand a few of the words that he was saying. What words did you understand . I understood him to say my heart in spanish, my sister in spanish, and my cousin in spanish. Reporter my sister. My cousin. Cruz knows the cartel could now go after his family because he did not make it through with their drugs. From what i know, someone told him, if you dont cross the border and get this to the other side, we are going to kill your sister. Reporter later that night, velazquezs sister says a strange man showed up at her house in tijuana asking for cruz. Theres always somebody thats waiting there for them and theres immediately a phone call that goes back to the cartel. And theyre notified that theres a problem. Something has happened. And would the cartels really go after his family just for that, for a small amount like that . Absolutely. The cartels dont care. They just are concerned about their Business Operations and ensuring that their deliveries go through and nothing happens coming back to them. Reporter 7 48 now, and cruz is having a hard time standing, and the screams continue, described by officer signorello as heartwrenching. The way he was screaming it didnt sit well with me. It just made me sad the way that he was screaming. And the screams, did they appear to be screams of pain . Yes, sir. Because the drugs making the heart beat so fast, the heart needs more oxygen. It essentially almost cant get enough oxygen. As a result the person develops chest pain, very similar to as if they were having a heart attack. Reporter now at 7 49 p. M. , a medical First Responder finally shows up, taking off his backpack of equipment. Cruz is barely able to stand. 7 51, a San Diego Fire Department team of paramedics arrives. They report he had suffered from agitated delirium. He is handcuffed to the gurney for the trip to a hospital. Still conscious with what were described as rolling eyes. What do think he is feeling at this point . Abject terror. Abject terror . Absolutely. Reporter the hospital is only a few minutes drive away, but now every second counts. So, if anyone has a reason that these two should not be wed, speak now. coughs so sorry. Oh no. Its just that your friend daryl here is supposed to be Live Streaming the wedding and hes not getting any service. I missed, like, the whole thing. What . And i just got an unlimited plan. Its the right plan, wrong network. You see, verizon has the largest, most reliable 4g lte network in america. Its built to work better in cities. Tell you what, just use mine. Thanks. No problem. All right, lets go live. Say hi to everybody who wasnt invited vo when it really, really matters, you need the best network and the best unlimited. Plus, get the pixel, by google for 5 a month. They must first beforlearn to stand out. Ll. Get everything they need to shine, for less. This week at staples, shop our fifty cent deals. Staples. Its pro time. The ford summer sales event isshovel. L swing. Mulch. Brick pavers. 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The first thing id be think ing about are trying to get control of the heart rate and trying to get control of the Blood Pressure and trying to get his temperature down. Reporter it had been just over an hour earlier, that the teenage smuggler had begun to drink the toxic solution of dissolved methamphetamine. Four swallows in all. The officers would not call for medical attention for at least 34 minutes, a fateful delay in any case involving an overdose. The first thing to do is to call 911 to get medical help immediately. All other consequences are meaningless relative to helping preserve someones life. Reporter by comparison, her colleagues made sure officer Valerie Baird got to the hospital after she got just a bit of the toxic liquid on her fingers. And so you felt you should go to the hospital too . Correct. I had washed my hands right away. And then, at the advice of of some other other officers, they pointed out that i was acting i was talking very rapidly. Reporter now she could hear the screams of agony from the teenager throughout the emergency room. At some point, did you hear cruz screaming . Yes, i could hear cruz. You could hear him in pain. I cant i heard him screaming. Reporter at 8 24, velazquez became unresponsive with fixed pupils. At 8 39, he was put on a a respirator. And were you told that he was coding, that he was dying . No, i dont recall. Do you recall losing your composure . I do recall having to go back outside. I didnt want to i didnt want to be there. Reporter according to the San Diego County medical examiner, 16year old Cruz Marcelino Velazquez acevedo died at 8 57 p. M. Of acute methamphetamine intoxication, less than two hours after he first drank from the suspicious bottle. You felt guilty that mr. Velazquez died, didnt you . No. No . No. Didnt you cry . I did. Yes. Yes. Did you not feel guilty that he was dead . No. Hes not without fault. He was doing something he ought not to have been doing. The issue is in such a circumstance, is the death penalty, and a death that was so quick and cruel, is that deserved . He cooked within his own body, and he died in terrible pain. Reporter another death on the border, for a young life that seems to have meant little for either u. S. Border officers or the Drug Cartel Bosses that sent him. He was just another piece of the game, but no one see that he was a person. Reporter at headquarters in washington, officials at customs and Border Protection promised a full investigation. I was told definitely that the two officers involved would be punished. It would simply be a question of what level of discipline they received. Reporter but once again, that is not what happened, not at all. Even as a result of the death of Cruz Velazquez acevedo, no discipline was ever imposed on you, was it . Joeyhes got unique features that make him different than say a shih tzu or a yorkie and definitely different than this german shephard. 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Ich because who wants to spend 7 dollars on a meal at a burger place, when you can spend 5 on a meal at kfc . You need another reason . I didnt think so kfc, its Finger Lickin good. Reporter as difficult as it was to watch this video of the final minutes of Cruz Velazquezs life, his family wanted as Many Americans as possible to see it. Video his sister reyna says shows the truth of what happened to her brother. They have to pay for what they did. Reporter but within hours of her brothers death, cbp officers absolved Valerie Baird and Adrian Perallon from any blame. The official report prepared that night with input from their colleagues said the manner of death was an accident, and that velazquez voluntarily took a drink from one of the bottles. Actually it was four drinks. At any point, did you speak with Cruz Velazquez and ask him to take a drink from the bottle . I never asked him to. He volunteered to, and i believe i gestured to him to go ahead. Reporter but the government video obtained by 20 20 seems to contradict that, as perallon puts the large bottle in front of the teenager and makes this hand gesture. Did you gesture to him with your hand in some way suggesting that he drink . No, sir. I never suggested or asked him to drink. He volunteered to drink. Reporter officer baird made the same claim to the velazquez family lawyer gene iredale. You told him to go ahead and drink on more than one occasion, did you not . No. And youre sure of that . Im sure. Reporter but the video also appears to contradict her testimony, showing her making a kind of hand gesture. And officer bairds version of events was further contradicted by the testimony of the cbp officer who was right there and later talked about what happened as she drove baird to the hospital, nina signorello. When you say you discussed the situation, she told you she was worried that she was going to lose her job . Yes, sir. You say she quote, she continued to ask if i thought she was going to get fired for asking him to drink the liquid. That is true . Yes, sir. I recall cbpo baird telling me, oh, my god, i asked him to drink it. That was true . Yes, sir. Did you say words to the effect of, oh, my god, i asked him to drink it . I dont believe i said those words. I dont i i think whatever was spoken, she she misunderstood. I dont i see. You never told her words to the effect of, i said to him if its juice, then prove it . No. Reporter despite what the video appears to show, the officials at customs and Border Protection, apparently believed the claims of the two officers instead. Officer perallon, was any discipline ever imposed on you for the events that occurred on the 18th of november 2013 . No, sir. Even as a result of the death of Cruz Velazquez acevedo, no discipline was ever imposed on you, was it . No. Not even a reprimand . Ive never gotten a reprimand. No . Reporter baird and perallon remain on duty to this day, in fact, when 20 20 was given an escorted tour at the san ysidro facility, there was officer perallon, on the job. Were told that the agents involved in that case remain on the job. That that very well may be the case. Reporter the incident happened in 2013 before Gil Kerlikowske took over as commissioner, but the decision to let the two officers off the hook was under his watch. I think some people may wonder why the agents are still on the job . And, and i wouldnt have a particularly good answer for them because im not really familiar with the facts and where it is. And in your view, theres no sense that the agents were right or wrong . In my view, i dont have the knowledge and the specific about the case itself. Do you think you should have . No, i actually dont think i should have. Reporter the former commissioner told us he had never seen the video of that fateful night and did not care to now. So whats the message that sends to other agents . Well, its a very simple lesson, do what you want. So long as the person whos hurt doesnt have political power, or juice, doesnt speak english, from a foreign country, have a good time. Reporter earlier this year, the United States government paid the family of Cruz Velazquez 1 million to settle the lawsuit they had brought. There was no apology and no admission of wrongdoing. They were laughing. Until my brother started shaking and screaming. He was in pain. He passed through all that pain before he died. How can a government allow that . Its like, okay, you can kill someone. They took him as a fool, as who cares. Well, that fool, he was the greatest person i ever knew. And our question for you right here tonight, what did you see in that Surveillance Video and should more have been done after the tragic death of Cruz Velazquez. Thank you so much for watching. Im elizabeth vargas. And im david muir. Thank you for watching tonight. 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