On the morning of Sept. 8, 2018, two U.S. Border Patrol agents encountered two suspected undocumented non-citizens near Arivaca, Arizona. The agents attempted to arrest the subjects and a physical struggle ensued.
During the course of the physical struggle, one agent ended up on his back, with a subject on top of him, punching him in the head. The agent attempted to punch back but, because of his positioning, the strikes were ineffective.
The other agent, seeing the first agent being assaulted, came over to assist. The second agent punched the subject several times, breaking his own hand in the process, but it had no effect. Given a combination of the subject’s continued resistance, fatigue, and his own broken hand, the agent used the muzzle of his CBP-issued M4 rifle to strike the subject once in the side of the head.
As a result of the muzzle strike, the agents were able to handcuff the subject and take him into custody. The subject and both agents were later transported to a hospital for medical attention.
Result of the NUFRB
On Dec. 17, 2019, the CBP National Use of Force Review Board (NUFRB) convened to review this use of force incident. The NUFRB determined that the uses of force were in compliance with CBP use of force policy in effect at the time of the incident.
The NUFRB made no formal recommendations following their consideration of this incident.