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You’re HBO, and your latest launch is an explosive documentary about one of the crucial controversial sectors of the US authorities: the Border Patrol. What do you do to get it as a lot consideration as attainable?
We’re seeing their technique play out proper now.
“Vital Incident: Loss of life on the Border” recounts the dying of Anastasio Hernández Rojas, a 42-year-old undocumented immigrant who died in 2010 days after immigration brokers handcuffed, beat and Tasered him close to the San Ysidro Port of Entry after attempting to deport him to Mexico. Border Patrol on the time stated they used drive after Hernández Rojas, who had lived on this nation since he was 15, resisted them.
The case drew worldwide consideration and Hernández Rojas’ household acquired a $1-million settlement from the federal authorities, which declined to file prison expenses towards these concerned in his dying regardless that the San Diego County coroner’s workplace dominated it a murder. Enter John Carlos Frey, a reporter who has pursued the story for practically 15 years and who is among the protagonists in “Vital Incident.”
He knocks on the doorways of brokers who had been there when Hernández Rojas died, discovers footage that contradicts the Border Patrol’s official account and uncovers a secretive Border Patrol unit tasked with the “mitigation” of use-of-force incidents that was disbanded in 2022. The documentary contains an interview with a whistleblower who claimed bosses informed him to physician proof to exculpate the company within the dying of Hernández Rojas. It additionally alleges the cover-up went all the best way as much as Customs and Border Safety commissioner Rodney Scott, who was Border Patrol deputy chief for the San Diego area when Hernández Rojas died.
Scott seems close to the top of “Vital Incident” to dismiss these “allegations” and declines to remark about any culpability these concerned could have had, citing ongoing litigation. “This case from over a decade in the past was completely investigated and resolved by the Division of Justice and native regulation enforcement,” a Division of Homeland Safety spokesperson informed the Instances in an announcement once I requested for remark in regards to the documentary’s findings. “Efforts to malign CBP and ICE officers as lawbreakers are slanderous, irresponsible, and solely reveal the media’s eagerness to mislead the American folks.”
“Vital Incident” is taut, disturbing, well timed and a brisk hour and a half. It deserves as many viewers as attainable and a publicity marketing campaign as ubiquitous as what HBO is at the moment pushing for its hit hockey romance, “Heated Rivalry.”
Rodney Scott, then-nominee for commissioner of U.S. Customs and Border Safety, arrives for a Senate affirmation listening to in April 2025.
(Stefani Reynolds / Bloomberg by way of Getty Pictures)
As a substitute, the community launched “Vital Incident” on Dec. 29, when most People had been misplaced in a haze of Christmas leftovers, “Avengers: Endgame” reruns and school soccer bowl video games. It’s not listed alongside different just lately launched documentaries on HBO’s web site, and I wasn’t capable of finding it on the community’s streaming app’s “Simply Added” tab.
Director Rick Rowley was diplomatic about his documentary’s “tough” launch date, saying he has “restricted perception” into HBO’s resolution. He’s however assured “this movie goes to have a protracted life as a result of these [Border Patrol] points are solely extra urgent as the times move.”
Frey wasn’t as well mannered: “If I used to be an govt and launched it on that date, I’d be fired.”
An HBO spokesperson pushed again on Frey’s criticism, stating, “The documentary was truly launched throughout one of many highest utilization instances on the platform and we’re proud to say the movie is doing very properly, even exhibiting up within the prime 10 rail.”
In growth for 4 years, Frey stated “Vital Incident” was imagined to air simply earlier than the 2024 election. He confirmed me a textual content message from a senior producer testifying to that. However HBO held on to it at the same time as a Senate committee grilled Scott about Hernández Rojas’ dying throughout his affirmation listening to final April, which isn’t included within the documentary. The documentary didn’t air even because the Border Patrol’s invasion of cities removed from the U.S.-Mexico border all through final yr made the story “Vital Incident” informed extra related than ever.
HBO “buried it on function,” Frey, 56, informed me over breakfast in Boyle Heights. He blames the present political setting — particularly, Netflix’s proposed $82.7-billion bid to amass HBO’s dad or mum firm, Warner Bros., which federal regulators must approve. The very last thing executives needs to do proper now, Frey argued, is anger President Trump by selling a documentary that assaults his deportation deluge.
“They buried it on the worst day of the yr when nobody is watching, and naturally, they’re going to disclaim it,” Frey stated.
“That’s, after all, not true,” the HBO spokesperson stated .
An evening scene of the San Ysidro border crossing from “Vital Incident: Loss of life on the Border.”
(HBO)
Masking la migra is private for Frey, who grew up in Tijuana and Imperial Seashore with views of the U.S.-Mexico border fence. When he was 12, a Border Patrol agent approached his mom — then a inexperienced card holder — whereas her son was enjoying exterior.
“He wouldn’t imagine something she would say and wouldn’t let her go to our home to get her paperwork,” Frey stated. He’s of common top, deep-voiced and barrel-chested and tends to reply to questions with questions. “Why would he? The agent deported her.”
As an grownup, Frey started to cowl the Border Patrol in a post-9/11 period. Very similar to right now, it was quickly increasing, and aggressive ways like breaking automobile home windows when the occupants weren’t resisting and agent-involved shootings had been endemic. The Hernández Rojas case entered his scope after somebody reached out claiming they’d footage of his dying.
“The unique narrative was Anastasio grew to become belligerent, they subdued him and he died,” Frey stated. “The case was closed, the Border Patrol had written it off.”
The supply was initially too scared to share their recording, however Frey finally satisfied them after forwarding his tales about repeated Border Patrol abuses of energy. What he noticed — a couple of dozen Border Patrol brokers circling a susceptible, moaning Hernández Rojas, Tasering and punching him whereas onlookers scream at them to cease — left the reporter “disgusted.”
The footage finally aired on a 2012 PBS program, which made the story go nationwide. Frey’s continued work on the case finally caught the eye of Rowley, whose documentaries on neo-Nazi teams, the homicide of Washington Publish columnist Jamal Khashoggi and the Battle on Terror have earned him Emmy wins and an Oscar nomination.
The documentarian wished to look at the Border Patrol’s impunity, and, he stated, “Anastasio’s story is among the solely tales that takes you all the best way to the highest. And you must work with John for those who’re going to do the Anastasio case. He’s fearless.”
Rowley is pleased with his closing product however admitted that he’s “used to having extra press round a movie launch, particularly a couple of movie about … crucial home challenge within the nation, particularly within the final yr.”
That’s what angers Frey essentially the most in regards to the launch of “Vital Incident.”
“The tales I used to listen to — ‘Border Patrol broke my home windows, left me bloodied, grabbed me with out asking any questions’ — it’s now in neighborhoods,” he stated. He twisted a serviette, tossed it into the pile of twisted napkins subsequent to his espresso cup.
“It’s a deliberate alternative if you’re going to launch a documentary and the way. If I had been HBO and I had proof of a homicide by the feds, I’d’ve led with that inmy promotion. I’d suppose that’s a promoting level, particularly with the [immigration] raids. As a substitute, they’ve me hugging somebody within the trailer.”
Frey shook his head. “We made a very good movie, however half the battle is getting folks to see it.”
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