On the evening of May 26, 2017, an off-duty U.S. Customs and Border Protection officer (CBPO) exited the train station in Arcadia, California, and started walking toward his residence. The officer was in plain clothes, wearing a backpack, carrying a shopping bag, and had his CBP-issued handgun concealed in an inside-the-waistband holster.
As he was walking down the sidewalk the officer was approached from behind and struck twice on the right side of his face with a hard, unknown object. The officer raised his right arm against his face to protect against further strikes, but was struck for a third time, and fell onto the nearby grass immediately adjacent to the concrete wall of an apartment building.
The officer then stood up and was confronted by three subjects, who stood approximately three to five feet away from the officer, blocking his route of escape. One of the subjects pointed a handgun at the officer and demanded his iPhone, wallet and backpack.
The officer slowly removed his backpack and threw it a few feet away from the gunman. The officer then drew his CBP-issued handgun from his holster and fired twice at the gunman. One of the other subjects immediately lunged to grab the officer’s gun, so the officer turned and fired twice, striking that subject. The second subject then moved away from the officer and collapsed on the street nearby.
As the gunman and the third subject then fled the scene, the gunman turned and pointed his handgun at the officer again as he was running away. Believing that the gunman was going to fire his handgun at him, the officer fired two more rounds at the gunman.
The gunman then collapsed nearby and died at the hospital the following day from his injuries. The officer detained the second subject at the scene until local law enforcement and medical assistance arrived. The third subject was later apprehended by local law enforcement.
The officer was treated for swelling and a contusion on his right cheek, and a concussion. The two surviving subjects were tried and convicted under juvenile proceedings for California PC 664/211 - Attempted Second Degree Robbery and PC 245(a)(1) - Assault with a Deadly Weapon.
Result of the NUFRB
On June 10, 2021, the CBP National Use of Force Review Board (NUFRB) convened to review this use of force incident. The NUFRB determined that the discharges of a CBP-issued handgun by the officer were in compliance with CBP use of force policy in effect at the time of the incident.
NUFRB Recommendations
The NUFRB made no formal recommendations following their consideration of this incident.