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June 26, 2015 – Use of Force Incident near Malone, New York

Incident Date: 
Friday, June 26, 2015

On June 26, 2015, Border Patrol Agents from the CBP Special Operations Group Border Patrol Tactical Unit (BORTAC) team were assisting other federal, state and local law enforcement agencies in searching for two inmates who had escaped from the Clinton Correctional Facility in Dannemora, New York. Agents were briefed that the inmates were believed to be armed, after firearms were reported stolen from local residences and multiple reports of gunfire in the area.

That afternoon, the BORTAC team was searching the woods near Malone, New York and spotted a subject lying down behind a fallen tree. Two of the agents identified themselves as “police” and ordered the subject multiple times to put his hands up.

One of the agents then shifted his tactical position to get a better view. After doing so, he could see the subject extending a long cylindrical object and realized that the subject was pointing a shotgun at him. The agent then discharged his CBP-issued rifle, striking and killing the subject. A shotgun was recovered from the scene.

Result of the NUFRB

The CBP National Use of Force Review Board (NUFRB) determined that the discharge of a CBP-issued rifle was in compliance with CBP Use of Force Policy at the time of the incident.

NUFRB Recommendations

The NUFRB made no formal recommendations on potential improvements to policy and training following their consideration of this incident.

Last modified: 
December 10, 2021