On Aug. 16, 2018, at approximately 5:25 a.m., a U.S. Border Patrol agent stopped to render assistance to three San Diego Sheriff's Department (SDSD) Deputies, who were struggling to control and arrest a male subject on the side of Highway 76 near Fallbrook, California.
The subject was struggling violently with the deputies. As the agent arrived on scene, the subject was face down on the ground, with his hands clenched under his body, kicking and screaming.
The agent positioned himself on the left side of the subject, with one knee and one hand on the subject’s left shoulder blade. By doing so the agent was able to gain control of the subject’s left arm. One of the SDSD deputies gained control of the subject’s feet. The deputies were then able to handcuff the subject.
The three deputies and the agent attempted to stand the subject up but were unable to do so due to the ongoing resistance of the subject. The subject was placed back down on the ground and the agent helped hold the subject’s left side until multiple additional SDSD deputies arrived. The agent's involvement in the incident ended with the arrival of the additional deputies, and the agent left the incident scene.
The subject was later restrained by the deputies in a SDSD-issued body wrap device and transported to the hospital. The subject went into medical distress during transport, became unresponsive, and later died at the hospital.
Result of the NUFRB
On June 4, 2019, the CBP National Use of Force Review Board (NUFRB) convened to review this use of force incident. The NUFRB determined that the use of physical control and arrest techniques was in compliance with CBP use of force policy in effect at the time of the incident.
Consistent with their responsibility to review this incident and make recommendations regarding training, tactics, policy, or equipment, the NUFRB made a formal recommendation following their consideration of this incident.