Feb. 18, 2015, use of force incident near Carrizo Springs, TX
On Feb. 18, 2015, two United States Border Patrol Agents (BPAs) assigned to the Carrizo Springs Border Patrol Station were on patrol near Carrizo Springs, TX and observed two male subjects whom they believed to be undocumented aliens jump over a fence and enter onto property owned by a local rancher.
One of the BPAs chased the two subjects on foot for more than 400 yards; meanwhile, the other BPA drove his official vehicle north in an attempt to intercept the two subjects. The BPA on foot intercepted the two subjects and attempted to place them into custody. Both subjects resisted, resulting in a physical struggle in which they choked the BPA and attempted to remove his weapons and tools from his duty belt. The BPA, who later stated he was about to lose consciousness during the struggle, broke free from the subjects, then fell to the ground. The subject then advanced on the BPA. The BPA drew his service weapon and fired one round at each subject. One subject was struck in the left shoulder, while the other subject, who was not struck, subsequently fled, but was later apprehended. A Federal Grand Jury indicted both subjects for assaulting a federal officer, and both subjects pleaded guilty and were sentenced to 27 months and 63 months, respectively, followed by three years of supervised release.
The U.S. Department of Justice Civil Rights Division reviewed a summary of the incident and concluded there was no basis for opening a civil rights investigation. In addition, the Dimmit County District Attorney’s Office informed the Texas Rangers that they would not present a case regarding the BPA’s actions to a grand jury.
Result of the NUFRB
On Dec. 7, 2016 the NUFRB convened to review the Feb. 18, 2015 use of force incident near Carrizo Springs, TX involving a BPA. Following a thorough review of the facts and circumstances of the case, the NUFRB determined the use of force by the BPA was in compliance with CBP’s Use of Force Policy in effect at the time of the incident.