In the early morning hours of July 15, 2016, U.S. Border Patrol (USBP) cameras spotted a group of suspected undocumented non-citizens who had waded across the Rio Grande River in Laredo, Texas. Agents from the Laredo South Border Patrol Station responded to the area.
One of the responding agents encountered a male subject who walked out from the brush toward the agent wearing only boxer shorts and yelling obscenities. The subject initially was compliant, but as the agent attempted to place him in handcuffs, the subject pulled his hand away and began kicking at the agent as he rocked from side to side. The subject then attempted to stand up and delivered several reverse elbow strikes at the agent as he did so.
Another agent, who was in the brush approximately 40 yards away, heard the agent yelling in Spanish for the subject to stop fighting and moved to assist. The subject continued to fight with both agents until the second agent delivered two to four knee strikes to the subject’s left lower back. After the knee strikes, the agents were able to pull the subject’s left arm out from underneath his torso and handcuff him.
As the agents moved the subject for transport, he again fought with the agents and attempted to escape. The subject attempted to kick and head-butt the agents and yelled out randomly in Spanish. The agents then sat the subject on the ground, but he continued to struggle and attempted to stand up by getting on his knees. At that time, additional agents arrived on the scene to assist.
As the agents picked the subject up and lifted him over a fence to move him to the transport vehicle, he went limp and became unresponsive. Agents on the scene (including one who was a certified EMT) immediately provided medical attention. The subject was transported by ambulance to the hospital, where he was pronounced dead. The cause of death was later determined to be a mixed drug intoxication (overdose) of heroin and cocaine.
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 use of Physical Strikes (Knee) 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.