A man killed by a Border Patrol agent was about to hurl a rock when the agent, fearing for his life, shot him βan unknown number of times,β the Cochise County Sheriffβs Office said in a news release late Thursday, citing the agentβs account.
The man killed was Carmelo Cruz-Marcos, 32, of Puebla, Mexico, the office said.
The sheriffβs news release gave the following account of the incident:
Cruz-Marcos was part of a group of undocumented migrants who made their way into Skeleton Canyon, about 30 miles northeast of Douglas, on Saturday, Feb. 19.
The group set off sensors meant to show locations of multiple people, and two Border Patrol agents were dispatched on horseback. The pair dismounted in tough terrain and continued after the group.
As the agents approached the group, the migrants scattered. One agent pursued a group of two migrants up a hill, while the other agent chased a single migrant downhill. Both agents apprehended and arrested their targets and regrouped. Thatβs when the agents noticed Cruz-Marcos, who was reportedly hiding under a tree.
One agent chased after Cruz-Marcos, who had fled downhill, and both tumbled their way down the hill before the agent was able to apprehend Cruz-Marcos.
During a follow-up interview, the agent said that Cruz-Marcos, at some point after being apprehended, threw a punch βand struck him in the left shoulder with the fist glancing up into the agentβs cheek,β according to the news release.
The agent said he then tackled Cruz-Marcos, who went into a crouch position, with head down and hands under his body. The struggle continued, the agent said, and he said Cruz-Marcos threw his elbow backward into the agent while trying to get up from the ground.
Cruz-Marcos broke free from the struggle, according to the agentβs account.
βThe subject (Cruz-Marcos) then ran approximately 6 feet away before picking up a large rock and turning back toward the agent making a throwing motion with the hand that held the rock,β the release said.
The agent said he fired his gun an unknown number of times, in fear for his life and safety. The second agent arrived and noticed Cruz-Marcos was wounded and called for back-up help.
The agents radioed for medical assistance and determined the man was dead before other units arrived. During the search of area after the incident, agents arrested two additional migrants believed to be part of the same group, and they were taken to Douglas.
The Pima County Medical Examinerβs Office reported on Tuesday that the migrant who died, identified Thursday as Cruz-Marcos, sustained multiple gunshot wounds.
The names of the agents involved have not been released.
The Cochise County Sheriffβs Office is leading the investigation into the incident and it is under review by the U.S. Border and Customs Protection Office of Professional Responsibility.
βThe Mexican government condemns any act of unjustified violence against migrants,β the Consulate of Mexico said in a statement.
Personnel at the consulate interviewed the other migrants who were taken into custody and are monitoring development of the situation, the statement said.
