Nov. 28, 2016 – Use of Force Incident in Detroit, Michigan
On Nov. 28, 2016, two Border Patrol Agents from the Detroit Border Patrol Station were assisting the Detroit Police Department in responding to an incident with barricaded gunmen. Per a request from the police department, one agent positioned his marked patrol vehicle down the street to assist with traffic control, and later walked to the nearby intersection to assist with perimeter control.
As the local police moved into the residence, the agent heard several gunshots fired and saw the residence become engulfed in flames. He then heard police officers yelling that one of the subjects had escaped out of the rear of the residence. A foot pursuit by those police officers ensued.
During the foot pursuit the agent observed the subject running in his direction. It appeared that the subject had a gun in his hand. The agent gave the subject several commands to “Stop” while simultaneously watching the subject’s hands. He disregarded the commands and continued fleeing through a vacant lot towards the agent, who had lost the advantage of cover.
The agent then discharged one round from his CBP-issued handgun at the subject. He observed the subject trip and fall to the ground, leading him to believe that the round had struck the subject. The subject then got up and continued to flee. The agent then observed police officers in close pursuit of the subject, which prevented him from firing another round. The subject was apprehended a short time later, uninjured.
A .40 caliber bullet was later recovered from an interior wall of a nearby residence. The path of damage to the house caused by the bullet was consistent with the direction that the agent had discharged his handgun. The residents were not injured.
Result of the NUFRB
The CBP National Use of Force Review Board (NUFRB) determined that the application of force was in compliance with CBP Use of Force Policy in effect at the time of the incident.
Consistent with the mandate to review and report on potential improvements to policy and training, the NUFRB made formal recommendations following their consideration of this incident.