On the afternoon of Sept. 8, 2016, U.S. Border Patrol agents from the Nogales Border Patrol Station attempted to stop two vehicles on the highway north of the Mariposa Port of Entry (POE) in Nogales, Arizona.
After agents pulled the first vehicle over, the second driver performed a U-turn and began to drive his vehicle south toward the Mariposa POE at a high rate of speed. As the vehicle entered the POE, it crashed into the back of a civilian SUV that was stopped in an outbound lane.
As CBP law enforcement personnel surrounded the vehicle with guns drawn, the driver hit the accelerator and attempted to push past the civilian vehicle. The vehicle hit one U.S. Customs and Border Protection officer (CBPO) in the arm and another in the leg. Three CBPOs, one supervisory CBPO and one agent discharged their CBP-issued handguns at the subject.
The subject then attempted to flee to Mexico, making it approximately 50 yards from the POE before his vehicle exited the roadway and ran up a nearby dirt embankment. As law enforcement personnel approached the vehicle (while commanding the driver to stop), it began to move backward toward them and the supervisory CBPO fired another round at the subject. The vehicle then stopped, and the subject was taken into custody without further incident.
Responding personnel also discovered a juvenile hiding on the passenger-side floorboard of the front seat. The driver was struck by two of the fired rounds. The juvenile was not injured by the fired rounds. Both subjects were later transported to a hospital for evaluation and treatment.
Result of the NUFRB
On Dec. 17, 2019, the CBP National Use of Force Review Board (NUFRB) convened to review this use of force incident. The NUFRB determined that the uses of force 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.