Customs and Border Protection has released body camera footage of a deadly use-of-force incident, the first time the agency released such footage in any case.
A Border Patrol officer shot and killed a suspect in the March 14 incident near the port of entry in Sasabe, Arizona.
The incident began when the driver suspected of human smuggling failed to yield to Border Patrol agents, who then pursued the vehicle.
An agent caught up to the vehicle. He walked over to it, broke both driver-side windows with his baton and grabbed the driver’s forearm. The driver, a U.S. citizen, changed gears and started turning the steering wheel, and the agent shot him once, according to an agency statement.
There was another U.S. citizen in the front passenger seat, two undocumented migrants were in the back seat and three undocumented migrants were in the trunk. Names of the dead suspect and the border agent involved in the shooting were not released
The driver died at the scene, the Pima County Sheriff’s Department later said. The agent was put on administrative leave, which is standard practice at this point in an investigation following use of deadly force, the statement said. The incident is under investigation by the Pima County Sheriff’s Department and CBP’s Office of Professional Responsibility.
“The loss of a life during a CBP law enforcement encounter profoundly impacts everyone involved, the family of the deceased, the officers and agents on the scene, the greater CBP workforce and the communities we serve,” Acting Commissioner Troy Miller said in a statement.
WARNING: Graphic content. Customs and Border Protection released body camera footage of a deadly use-of-force incident that happened on March 14 close to the port of entry in Sasabe, Arizona, which is the first time the agency has released body camera footage. See the full video at tucne.ws/1n34
CBP is piloting a body-worn camera program for officers and agents throughout the country, a statement says. It says the agency is committed to quickly releasing body-worn camera footage, consistent with an executive order enacted last May that requires federal law enforcement agencies to publicly post body-worn camera policies.
“The prompt public release of this footage is in keeping with our commitment to accountability and transparency,” Miller said. “This includes our ongoing work to deploy body-worn camera systems to all frontline personnel, with the exception of those who work in areas already covered by other camera systems, such as processing facilities, ports of entry or aboard aircraft.”
The graphic video
The graphic video has a voice narrating in the beginning, explaining the shaky footage that follows without sound.
The first Border Patrol agent who caught up to the vehicle, which seemed to have stopped, parks behind the BMW and approaches the driver’s side.
The agent used his collapsible straight baton to brake the rear and front driver-side windows, then reached into the vehicle as it moved in reverse. The agent attempted to hold the driver’s left arm. The driver changed gears and started turning the steering wheel with his right hand.
The agent drew his handgun and fired once, striking the driver.
The driver can be seen slumping over in his seat.
The video sound comes on as the agent pursues the U.S. citizen passenger, who ran out of the vehicle right before the shooting. The passenger lays on the ground while telling the agent that he was getting out of the way of the moving vehicle and that he isn’t going anywhere.
“I’m not going anywhere,” the passenger says. “Here’s my phone right here. My phone is right here. Don’t [expletive] shoot. Don’t [expletive] shoot.”
The agent is obviously out of breath as he tells the passenger, “Don’t [expletive] move.”
“God damn it, dude,” the agent says as he handcuffs the passenger with his hands behind his back.
The video shows another Border Patrol agent standing next to the vehicle, with two migrants who are handcuffed together. Inside the car, the driver is still slumped over, not moving.
“Dude, why?” the agent who shot the driver says, seemingly to the passenger who is still on the ground. “Why?”
The passenger tells the agent to open the trunk and that there are people inside. There seems to be some confusion over how to open the trunk, where there were three more undocumented migrants, and the passenger on the ground gives instructions and offers to open it.
The agent says, “Stay right there. They got them.”
Use-of-force changes
Acting Commissioner Miller has directed a review of training and the use-of-force policies and procedures, while the investigation continues, “to further prepare and support our personnel to safely respond to and — when appropriate and possible — deescalate dangerous situations,” he said.
“We will continue to take swift action to identify areas where we can improve, as we have done with our updated vehicle pursuit policy, which we are currently implementing. This is our duty as the nation’s largest law enforcement agency,” he said.
The number of use-of-force incidents in the Tucson Sector has been the highest in the nation since fiscal year 2021, Customs and Border Protection data show. Officials say those numbers should be considered in relation to the number of assaults on agents and the demographics of people being apprehended.
The Tucson Sector also had the highest number of force incidents involving a firearm from the beginning of fiscal year 2020 through February of this year.
Earlier this year, the Department of Homeland Security released a new use-of-force policy and CBP released a new policy on vehicle pursuits, which are a type of use of force.
After the current reviews of the incident conclude, CBP’s National Use of Force Review Board will also review it and whether the agent followed the agency’s policy regarding what is permissible use of force. The proceedings of that review will be released 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,” Miller said.
