On April 15, 2019, at approximately 4:30 a.m., an off-duty U.S. Customs and Border Protection officer (CBPO) was at a 7-11 in Martinsburg, West Virginia, when two armed, masked subjects entered the store. The first subject initially pointed a firearm at the officer (who was wearing a jacket over his uniform and holstered firearm). After the officer backed away from the front counter the subjects then pointed the firearm at the clerk and demanded money. The second subject stood next to the first in front of the counter.
As the subjects' attention was on the store clerk, the officer was able to draw his CBP-issued handgun, identify himself as a law enforcement officer and order the subject to "drop the gun."
As the first subject turned and pointed the firearm toward the officer, the officer fired four rounds at the subject with his CBP-issued handgun. Both subjects were wounded. One subject was taken into custody at the scene, while the other fled into a nearby neighborhood and was later apprehended by local police.
Result of the NUFRB
On Dec. 17, 2019, the CBP National Use of Force Review Board (NUFRB) convened to review this use of force incident. The NUFRB determined that the discharge of a CBP-issued handgun was in compliance with CBP use of force policy in effect at the time of the incident.
The NUFRB made no formal recommendations following their consideration of this incident.