On the morning of Nov. 29, 2017, two Border Patrol Agents from the Three Points Border Patrol Station encountered a group of people suspected of crossing the border illegally on the Tohono O’Odham Nation Reservation in Arizona.
When the agents approached the group, the people ran in different directions. The agents were separated during the foot chase. The first agent caught up to one of the subjects, and a physical struggle ensued.
During the physical struggle to take the subject into custody, the subject hit the agent several times and ended up on top of the agent in a position of advantage. The subject was eventually able to pull the agent’s handgun from its holster and pointed it at him. Responding to his partner’s requests for help during the struggle, the other agent ran toward the incident scene, saw the gun pointed at his partner and yelled to get the subject’s attention.
As the subject turned toward him with the gun, the responding Agent drew his handgun and fired four rounds. The subject fell backward with the gun still in his right hand. The agent then saw the subject move again and fired a fifth time. The subject died at the scene from his injuries.
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.
The NUFRB made no formal recommendations on potential improvements to policy and training following their consideration of this incident.