Vehicle circumvent a U.S. Border Patrol checkpoint | pursuit results in fatal take down

A Border Patrol agent observed a sports utility vehicle circumvent a U.S. Border Patrol checkpoint located on Interstate 10 approximately 23 miles west of Las Cruces, New Mexico, on April 2 and began to follow. After a vehicle pursuit, the driver exited the vehicle and was confronted by Border Patrol agents. After walking for several minutes with the driver while attempting to persuade him to stop, an agent moved in to attempt to physically restrain the driver. The driver advanced to meet the agent, who fell to the ground, swinging a wooden club multiple times and striking the agent on the ground. The driver struck the agent a second time as he stood over him and was preparing to do so again when three other agents fired their service weapons, striking the driver.

This use of deadly force is being investigated by CBP’s Office of Professional Responsibility. OPR has referred initial investigative information to the United States Attorney’s Office for the District of New Mexico, which has not yet commented on this matter. As part of its investigation, OPR will assess compliance with our policies on the part of the Border Patrol agents involved in this incident. At the conclusion of these reviews, CBP’s National Use of Force Review Board will review the incident to determine whether the Border Patrol Agent followed CBP policy regarding the permissible use of force. The results of the review board’s proceedings will be released publicly on CBP’s website. A thorough investigation is important to us, our workforce and the public, and we will take action as determined appropriate by our review process.