LUKE TURF

A jury yesterday acquitted a U.S. Border Patrol agent of assaulting an illegal immigrant and attempting a cover-up.
Javier Acosta testified in U.S. District Court in Tucson that he kicked immigrant Benjamin Ortega, 42, "to prevent him from grabbing my leg and to avoid danger."

Fellow rookie agent Benjamin Works gave jurors a different account of the April 2002 incident near Arivaca. Works testified Ortega made no move toward Acosta and that Acosta told the man to say he had fallen and split his lip.

"The verdict shows that the jury did not believe Benjamin Works," said Joel Parris, an assistant federal public defender representing Acosta. "I think a lot of Border Patrol agents are feeling relieved right now."

Acosta, who was suspended while charged, is unsure of his future with the agency.

"I'm really happy. I'm a happy man," he said after the verdict.

Acosta, who was born in Mexico, said the outcome of his case makes him proud of the American justice system.

Border Patrol spokesman Andy Adame couldn't say yesterday what Acosta's status is with the agency.

Mike Albon, a spokesman for the union that represents agents, said he didn't know specifics of the case.

But, Albon added, rookie agents are usually fired if something goes wrong during their one-year probation.

"If he was acquitted, I don't see any reason that they wouldn't want him back on the job. That's up to the agency," Albon said.

Agents in the courtroom appeared pleased when the verdict was announced, Parris said. "There was a little bit of hugging and quite a few tears," he said. "I owe everybody that helped in this case a lot."