Family protests Border Patrol killing of Tohono O'odham man as civil rights lawsuit looms

SELLS, ARIZONA — The family of Raymond Mattia gathered in Sells on Friday to demand accountability from the Tohono O’odham Nation Police Department after Mattia was shot and killed by Border Patrol agents in May.

Mattia’s family and a handful of attendees held a peaceful protest outside of the Tohono O’odham Nation Police Department nearly seven months after Mattia was killed steps away from his front door. Attendees shouted, “Justice for Ray,” every time a police truck drove in front of the crowd and turned into or out of the station.

Three U.S. Border Patrol agents shot Mattia nine times on May 18 as he stood outside his front door in the Menagers Dam Village within the Tohono O’odham Nation. Agents fired roughly 38 shots after Mattia lobbed a sheathed machete in front of a Tohono O’odham Nation Police Department officer.

The Tohono O’odham Nation Police Department officer present for the shooting had a history of harassing and intimidating Mattia, along with other tribal members, numerous times before the incident, according to Mattia’s family and friends.

The family has urged the department to reconsider its policy of calling the Border Patrol for backup. The family believes that things would have gone differently that night if police never called the Border Patrol for assistance.

“We are scared for our people now,” said Yvonne Nevarez, Mattia’s niece. “It's not a matter of if it's going to happen next, but when.”

Potential lawsuit: Family to sue Border Patrol, seeks $15M in fatal shooting of Tohono O'odham man

Mattia’s sister, Annette Mattia, now fears retaliation from the Border Patrol and police after the shooting. She would “never” call Border Patrol or Tohono O’odham Nation police officers if anything ever happened to her, she said.

“It's kind of scary,” she said. “I just stay to myself, stay home.”

No police representatives have contacted the family since the shooting took place. Now, the family wants answers.

“They haven't said anything. It's like nothing happened,” said Annette Mattia. “We want them to be accountable for what happened to Ray.”

The Mattia family plans to send a written statement and questions to the Police Department, asking why no officers protected Mattia.

“Your priority should be to protect the people of this tribe,” the written statement read. “Border Patrol should be monitoring and enforcing the border, not the citizens of our nation.”

On the night of the shooting, the Tohono O’odham Nation Police Department had requested assistance from the Border Patrol to respond to a "shots fired" call west of the community, which is roughly a mile north of the U.S.-Mexico border.

The call is what led to agents arriving at Mattia’s home.

“We hope for more support from our community, like tribal members, because abuse has been happening from Border Patrol for a long time,” Yvonne Nevarez said.

Agents face no charges: Prosecutors will not charge Border Patrol agents in shooting of Tohono O'odham man

In November, attorneys representing the Mattia family announced their intent to sue U.S. Customs and Border Protection and the individual agents involved for their role in the killing of Mattia.

The attorneys are demanding that CBP provide $15 million, a comprehensive account of exactly what happened during the shooting, and a public review of the agency’s role in assisting local law enforcement outside of the agency’s stated mission.

If CBP is unwilling to reach a settlement, the family said it plans to file a civil rights lawsuit.

Federal prosecutors announced that they weren’t going to file charges against the agents who killed Mattia in October. U.S. Department of Justice employees met with the family in Sells to discuss their decision but refused to provide substantive details about what happened that night.

At least 10 Border Patrol agents were present for the shooting along with one police officer. Agents shot Mattia several times after he took his hand out of his jacket pocket while he was holding onto his cellphone, according to edited CBP bodycam footage released in June.

'My baby brother': Family of Tohono O'odham man speaks out after Border Patrol shooting

Agents appeared to believe that Mattia had a gun in his hand. No gun was found on Mattia after he was shot.

Have a news tip or story idea about the border and its communities? Contact the reporter at josecastaneda@arizonarepublic.com or connect with him on X, formerly known as Twitter, @joseicastaneda.

This article originally appeared on Arizona Republic: Killing of Raymond Mattia by Border Patrol protested in Sells, Arizona