In the early morning hours of Jan. 14, 2017, a CBP officer was off-duty and heading home in his personally-owned vehicle when he observed an SUV driving erratically in Davison, Michigan. The officer contacted 911 and reported a possible drunk driver. Initially unable to get a license plate number due to the vehicle’s excessive speed and erratic operation, the CBPO followed the vehicle at a safe distance, eventually getting the license plate number for 911.
The vehicle then continued down the road, stopping at an intersection about 6.1 miles after initial contact. The CBPO stopped in the next lane of traffic, rolled down his window and yelled at the female driver to pull over before she killed someone. She yelled in reply, “I’m going to kill someone, maybe I’ll kill you. I have a knife.” As the woman approached the CBPO, a male passenger exited the vehicle.
The man approached the CBPO and attempted to punch him, but the CBPO blocked the attack and took the man to the ground. As the CBPO got on top of the man, the woman hit the CBPO in the head with a glass beer bottle, leaving beer and broken glass in the roadway.
The CBPO then disengaged with the man and drew his CBP-issued handgun. Standing approximately 15 feet away from the pair, the CBPO warned them to stop because he had a gun and would shoot them. The man put his hands up, but the woman pulled a knife from her jacket pocket, opened the blade and told the CBPO she was going to kill him. As she took a step towards the CBPO, the CBPO fired one round, which missed the woman.
The pair fled the scene and were later arrested at a residence in nearby Flint, Michigan.
Result of the NUFRB
On Sept. 14, 2017, the CBP National Use of Force Review Board (NUFRB) considered whether the discharge of a CBP-issued handgun by the CBPO was in compliance with CBP use of force policy in effect at the time of the incident. The NUFRB concluded the discharge of a CBP-issued handgun by the CBPO was in compliance with CBP use of force policy in effect at the time of the incident.
NUFRB Recommendations
Consistent with the mandate to review and report on potential improvements to policy and training, the NUFRB made a formal recommendation following their consideration of this incident.