The Warden from an ICE Jail in TX Fatally Shot a Migrant in the Face as He Stopped to Drink Water in the Desert. Civil Case Settled. 2 Yrs Later Weak Liberal DA Still Delays Filing Murder Charges

A settlement was reached in the wrongful death lawsuit filed in El Paso by the family of a Mexican migrant who was killed and a survivor of a controversial Hudspeth County shooting against a West Texas prison, court documents show.

A motion filed on the afternoon of Tuesday, Aug. 19, states, "the parties have reached a settlement in this matter." The document provides no other details.

The lawsuit filed by the family of Jesus Ivan Sepúlveda Martinez and shooting survivor, Berenice Casias Carrillo, was set to go to trial Tuesday morning, but was postponed. U.S. Senior Judge David Briones was to preside over the case.

Sepúlveda's family and Casias filed the lawsuit against LaSalle Corrections V LLC, a private company that owns and operates a West Texas Detention Facility in Sierra Blanca, Texas . The men accused of shooting Sepúlveda and Casias are twin brothers, Mike Thomas Sheppard and Mark Edward Sheppard.

Mike Sheppard was the warden at the West Texas Detention Center operated by LaSalle Corrections. Mike Sheppard was allegedly on duty when the shooting happened, so the lawsuit claims his "actions impute liability to LaSalle Corrections."

Christopher Benoit, attorney for Sepúlveda's family and Casias, filed the motion announcing the settlement by asking for a remote video conference hearing because federal law "requires approval of the Court for the benefits of Mr. Sepúlveda Martínez’s two minor children."

The custodians of the children live "in a rural ejido in Durango, Mexico and will not be able to travel to the United States," stated the motion asking for a video conference hearing to take place within 60 days. An ejido is communal land used for agriculture.

The motion does not state the terms of the settlement. Benoit could not immediately be reached for comment.

The lawsuit had sought unspecified money for damages suffered by Sepúlveda's family and Casias to be determined by a jury.

Sepúlveda, 22, from the Mexican state of Durango, and Casias were shot on Sept. 27, 2022, as they and a group of about 13 migrants were walking in the desert near Sierra Blanca when they stopped to drink water out of a reservoir near Indian Hot Spring Road and FM 111.

Sepúlveda was hoping to go to Austin to work to send money back to his young family in Mexico, his family previously said.The Sheppard brothers were driving to a meeting when they spotted the group and allegedly fired at them, the lawsuit states.

Mike Sheppard allegedly shot Sepúlveda in the face and killed him. He is also accused of shooting Casias in the abdomen. She survived her wounds.

The brothers initially claimed they thought they were shooting at a javelina, court documents state.

More: 'We're destroyed': Sepúlveda family returns home with migrant son's remains

Mark Sheppard was employed as a detention officer with Hudspeth County Sheriff’s Office and previously worked as a detention officer at LaSalle Corrections, the lawsuit states.

The criminal case against the brothers is in limbo with no charges filed against the brothers, court record show. El Paso District Attorney James Montoya, who represents the 34th Judicial District covers El Paso, Hudspeth and Culberson counties, has repeatedly declined to comment because the case is pending. [MORE]