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A man who saw an illegal immigrant from Mexico get shot with a stun gun by U.S. border authorities said he testified Thursday to a federal grand jury amid signs that prosecutors are considering criminal charges in the immigrant’s death after more than two years of silence on the politically charged case.

Humberto Navarrete told The Associated Press that he testified for about 90 minutes at a San Diego courthouse and told the grand jury he thought the border officials’ actions were excessive. The grand jury questioned Navarrete about what he saw and viewed a grainy video that he took on his cellphone.

Navarrete’s video, which he released immediately after the May 2010 incident at San Diego’s San Ysidro port of entry, captured audio of a man believed to be Anastasio Hernandez pleading for help and passers-by asking border authorities to leave him alone.

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