On the morning of Feb. 3, 2017, after receiving a concerned citizen call regarding suspicious activity, U.S. Border Patrol agents attempted to stop a van near Los Indios, Texas. The driver failed to yield and instead fled back toward the Rio Grande River. When he got to the riverbank, the driver and the other occupant of the van exited the vehicle and swam across the river to Mexico.
Shortly after, as the responding agents attempted to inspect the van, unknown subject(s) began discharging firearm(s) at the agents from across the river in Mexico.
A supervisory agent on the scene stated that he observed a male subject on the Mexico side of the river pointing a firearm at him and the other responding personnel. The supervisor reasonably believed that this subject was the one that was shooting at them and he discharged his CBP-issued handgun three times at the subject. No additional rounds were fired (in either direction), and no injuries were reported or observed.
Result of the NUFRB
On Dec. 18, 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.
NUFRB Recommendations
The NUFRB made no formal recommendations following their consideration of this incident.