CRITICAL INCIDENT (2025, doc)


Greetings again from the darkness. The line between right and wrong may be more blurred than ever these days, yet we’d be mistaken if we were to assume that the line was once distinct and clear. Rick Rowley (Oscar nominated for his 2013 documentary DIRTY WARS) offers the disturbing details of the investigation into the 2010 event that led to the death at the border of an undocumented Mexican immigrant named Anastasio Hernandez – Rojas.

Though undocumented, Anastasio Hernandez-Rojas had lived in San Diego for 26 years, worked as a pool builder, and been married to Maria. They had five U.S. born kids. The first interview is with Rodney Scott, who was Chief of the Border Patrol of the San Ysidro port of entry in 2010 at the time of the even. As the former Chief, he claims not to know all of the details other than that the security cameras at the time were ‘props’ used as deterrents, which is why no video footage of the incident was provided. 

The film takes us through the non-existent investigation by the police – the detective states the Border Patrol treated it as a medical event, rather than a use of force, so no witness statements were obtained and the scene was cleaned. We see some of the agents being deposed by Maria’s attorney, Gene Iredale, and learn of the autopsy results. Investigative Reporter John Carlos Frey spends a great deal of time trying to find details on what appears to be a cover-up. When he connects with an eyewitness, iphone footage leads to public marches for justice in 2012. He ends up working with a former BP agent, as well as the Southern Border Communities Coalition.

A Grand Jury investigation lasts more than three years and results in no agents being prosecuted, and another investigation begins to determine if International Human Rights Laws were violated. By 2022, even Congress is convinced a proper investigation is warranted. Shadow units, such as Critical Investigation Team (CIT) are discovered – and referred to as “Border Patrol Cover-up Units”.

There is little here to provide us with faith in our institutions, especially these days. Homeland Security manages the 20,000 Border Patrol Agents, and it has since been discovered that Anastasio Hernandez-Rojas was tased while face down with hands cuffed behind his back. The methamphetamine in his toxicology could have been from the meds administered at the time of treatment. It’s little wonder the film is subtitled, “Death at the Border”. Rick Rowley delivers a powerful HBO documentary at a time when clear answers are difficult to come by.

Premieres on HBO on December 29, 2025

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