On May 24, 2014, the San Diego Police Department notified CBP authorities at the Otay Mesa Port of Entry (POE) that a pick-up truck driven by a suspected carjacker was being pursued in the direction of the POE at speeds exceeding 110 miles per hour. CBP deployed the Anti-Terrorism Contraband Enforcement Team (ATCET) to the southbound lanes of the highway at the POE.
As the vehicle slowed and approached the POE, a CBP officer who was a member of the ATCET unit gave verbal commands to the driver to stop. The driver ignored the officer’s commands. The CBP officer believed that other officers were in danger of being struck by the pick-up truck. The officer fired one shot from a government-issued Remington 870 shotgun at the operator of the vehicle. The shot was believed to have hit the pick-up truck’s passenger side, shattering the windshield. The shot did not strike or injure the driver or any other people on scene.
Another CBP Officer observed the vehicle proceed into Mexico at a high rate of speed. Mexican police subsequently pursued the pick-up truck but were unable to apprehend the driver.
On Aug. 30, 2014, a subject was arrested by Mexican authorities in Tijuana and turned over to CBP officials at the San Ysidro, California POE. The subject confessed to stealing the pick-up truck and later pled guilty to charges of carjacking and assault with a deadly weapon (not a firearm) and was sentenced to five years in prison.
Result of the NUFRB
On March 10, 2016, the CBP National Use of Force Review Board (NUFRB) convened to review this incident. The NUFRB determined that the application of force was consistent with CBP’s use of force policy.
NUFRB Recommendations
Consistent with the mandate to review and report on potential improvements to policy and training, the NUFRB made formal recommendations following their consideration of this incident.