On the morning of Oct. 24, 2014, while patrolling on the Pasqua Yaqui Reservation (in an area known for smuggling and other criminal activity), a U.S. Border Patrol agent spotted and began chasing a suspected undocumented non-citizen.
During the chase the agent noticed that the subject was wearing body armor and that he had a handgun tucked in the right side of his waistband. The agent drew his CBP-issued handgun and continued to pursue/close the distance.
The subject then stopped and drew his handgun. As he turned and faced the agent, the agent fired one round from his CBP-issued handgun at the subject. The round struck the subject in the head and he fell to the ground. The pursuing agent and another agent who was nearby provided medical assistance, but the subject died at the scene from his injuries.
Responding law enforcement personnel at the scene located additional firearms and weapons staged nearby. This incident was under review and investigation by other federal law enforcement agencies prior to being released to CBP for investigation and review by the board.
Result of the NUFRB
On Dec. 17, 2019, the NUFRB convened to review this use of force incident. The NUFRB determined that the discharge of a CBP-issued handgun was 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.