Government releases reports from Elian Gonzalez raid: ; Agent contends photo from incident is misleading

WASHINGTON - "I never purposely pointed my weapon at ElianGonzalez" or his rescuer Donato Dalrymple, says the armed BorderPatrol agent photographed confronting the terrified 6-year-old Cubanboy during an April raid in Miami. The agent said Dalrymplevoluntarily released Elian "without any sort of a struggle" as theagent put his hand "firmly against Mr. Dalrymple's chest" to controlhis movements, according to government documents released Monday.

An Associated Press photograph of the fatigue-clad agent holdingan MP-5 submachine gun prompted sympathizers of Elian's Miamirelatives and others to criticize the raid as an excessive show offorce. The relatives said they were terrorized.

With the relatives defying a government order to give Elian tohis father, raiders snatched the boy April 22 at 5:15 a.m. whenCuban exile protesters outside the Miami home had dwindled to a fewdozen.

The Justice Department released written reports by the sixtactical unit officers who entered the house, but continued towithhold their names.

Taking the six reports together, the agents said they used noprofanity, no team member threatened to shoot anyone, team membersmade no threats to use force against anyone in the home, no oneinside the home was pushed to the floor or held to the floor, andElian's cousin, Marisleysis Gonzalez, was not touched in any way.

In addition, no pepper spray or other chemical irritants wereused inside the house, three locked doors were broken open onlyafter occupants did not open them as requested, and the fireselector of the submachine gun in the photograph was in the safeposition, making it "virtually impossible to fire the weaponinadvertently," the government said.

Alan Diaz, the freelance photographer on assignment for the APwho took the dramatic pictures, remembers more about the sounds thanthe sights of the moment.

"All I hear is that kid's crying," Diaz said two weeks later."The most awful cry you could ever hear in your life."

The team leader saw the AP photographer against the bedroom's farwall and out of the corner of his eye "saw someone peek out of thecloset and then disappear back into the closet."

"I ... pulled the door open until I could see inside the closet,"the agent said. He saw a boy held by a man who turned out to beDalrymple, who had helped fish Elian out of the Atlantic Ocean lastThanksgiving. "Dalrymple shouted, 'Don't take Elian.'"

"When I determined that Mr. Dalrymple was not a threat, Iimmediately went into a defensive controlling posture," the agentsaid. "I moved my left hand from the foregrip of my weapon andplaced it (my hand) firmly against Mr. Dalrymple's left chest area"and shouted to other team members.

"As I was doing this, I diverted the barrel of my weapon downwardand away from Mr. Dalrymple, creating distance between him and myweapon. I was using my left hand to control Mr. Dalrymple'smovements and to defend myself against a possible physical attack."

The agent said the widely published photograph "does not presenta clear rendition of the entire event."

"While my weapon was being pointed in the general direction I wassearching, I never purposely pointed my weapon at Elian Gonzalez orMr. Dalrymple," he said. "I was looking into the closet to determinewhether or not a threat existed. Immediately upon determining thatno threat existed in the closet, I transitioned to a defensiveposture."

Dalrymple handed Elian to team member 4, while the team leaderwas pressing on his chest. Team member 4 said, "There was nostruggle and I did not have to pull Elian away from Mr. Dalrymple.Mr. Dalrymple released Elian at the same time I put my hands onElian."

Team member 4 pivoted and handed Elian to a female agent. Theentire team then hurried out of the house.