On April 9, 2017, at approximately 6:12 p.m., a vehicle entered the primary inspection area of the U.S. Border Patrol (USBP) checkpoint on Interstate 25. As the vehicle approached the primary inspection booth, the checkpoint’s license plate reader indicated that the vehicle may be associated with a report of a missing person.
The agent who was manning the inspection booth directed the driver to the secondary inspection area. Once there, a second agent instructed the driver to exit the vehicle and follow him and a third agent into the checkpoint building to clarify the missing person report.
Instead, the driver closed the vehicle door, retrieved a handgun from an orange bag that was on the passenger side of the vehicle and raised it in the direction of the second agent. The agent took a step back and yelled, “Gun!” to alert the other agents in the area.
The driver then fired one round from his handgun, causing the window of the driver’s side door to shatter. Both the second and third agents returned fire and then moved to cover behind the vehicle. The agent at the primary inspection booth and a fourth agent nearby also returned fire. It was later determined that the driver attempted to fire again, but the weapon malfunctioned.
Agents then approached the vehicle, secured the weapon and, realizing that the driver was injured, radioed for medical assistance. It was later determined that none of the rounds fired by CBP personnel had struck the driver. Instead, the driver had suffered a self-inflicted gunshot wound.
Result of the NUFRB
On March 14, 2019, the CBP National Use of Force Review Board (NUFRB) convened to review this use of force incident. The NUFRB determined that the discharges of CBP-issued handguns were in compliance with CBP use of force policy in effect at the time of the incident.
NUFRB Recommendations
Consistent with their responsibility to review this incident and make recommendations regarding training, tactics, policy, or equipment, the NUFRB made a formal recommendation following their consideration of this incident.