March 21, 2016, use of force incident at the DeConcini Port of Entry in Nogales, AZ
On the morning of March 21, 2016, a CBP officer assigned to the Dennis DeConcini Port of Entry in Nogales, Arizona encountered a pedestrian in the primary vehicle inspection lanes. After a brief verbal exchange, in which the subject threatened him, the CBP officer drew his service weapon and positioned himself behind cover. The officer instructed the subject to put his hands in the air. The subject responded by reaching into his right pocket and removing a shiny metal object. The CBP officer fired one round in the direction of the subject and then moved behind the inspection booth for additional cover. The fired round did not hit the subject, who continued to stand in the vehicle inspection area and shout threats. Two more officers responded to the scene and determined that the metal object in the subject’s possession was an unopened beer can. After determining that the subject did not possess a firearm or other deadly weapon, one of the two responding officers opted to use less-lethal force by deploying his Electronic Control Weapon, striking the subject. The CBP officer then tackled the subject and the subject was taken into custody without further incident.
Result of the NUFRB
On March 23, 2017, the CBP National Use of Force Review Board (NUFRB) convened to review the facts as investigated. The NUFRB unanimously determined that the application of force via the service weapon and less-lethal device used by the CBP officers on March 21, 2016 was in compliance with CBP’s Use of Force Policy in effect at the time of the incident.