Oct. 19, 2015, use of force incident near Naco, AZ
On Oct. 19, 2015, a United States Border Patrol Agent (BPA) assigned to the Brian A. Terry Border Patrol Station in Naco, AZ was involved in a shooting incident. A male subject was attempting to climb over the international border fence and was subsequently apprehended by the BPA 15 yards north of the fence. During the arrest, the BPA heard the subject call out to subjects who had remained on the Mexican side of the fence, encouraging them to throw rocks at the BPA.
The BPA looked towards the fence and observed an individual on the Mexican side, pointing a firearm at him through the fence. The BPA drew his service weapon and fired six rounds at the subject, who then withdrew south, further into Mexico. The BPA was unable to determine whether he shot the subject. No known injuries have been confirmed as a result of this incident.
In an interview with the FBI, the subject who was being arrested identified the subject who pointed a firearm at the BPA as his uncle, and confirmed it was a firearm, adding that his uncle had sent him across the border to facilitate the movement of illegal narcotics. The FBI investigation did not indicate any wrongdoing by the BPA, and therefore no case against the BPA was presented to the United States Attorney’s Office for prosecutorial review.
Result of the NUFRB
On Dec. 7, 2016 the NUFRB convened to review the Oct. 19, 2015 use of force incident near Naco, AZ involving a BPA. Following a thorough review of the facts and circumstances of the case, the NUFRB determined the use of force by the BPA was in compliance with CBP’s Use of Force Policy in effect at the time of the incident.