Grand Canyon Times

CBP Acting Commissioner Troy A. Miller released a statement on April 12 regarding an incident that took place in March near the Sasabe Port of Entry in Arizona, in which an agent shot and killed the driver of a car suspected of smuggling undocumented migrants.

"The loss of a life during a CBP law enforcement encounter profoundly impacts everyone involved, the family of the deceased, the officers and agents on the scene, the greater CBP workforce and the communities we serve," Miller said in the statement. "This use of deadly force in Sasabe, Arizona on March 14 is being investigated by CBP’s Office of Professional Responsibility to assess compliance with our policies."

According to a CBP report, Border Patrol agents pursued a BMW on March 14 after observing it driving erratically, and one agent broke the car's windows with a baton as it moved in reverse. The agents activated their emergency equipment to conduct a vehicle stop, but the BMW failed to yield, and a pursuit ensued. The BMW turned westbound Near mile marker 20 on SR 286 onto Brown Bear Canyon Road, and the agents continued to pursue the vehicle. The driver of the BMW turned the vehicle to the south 3.8 miles west of SR 286, at which point agents stopped the car. 

The footage showed one agent exiting his vehicle and approached the driver’s side of the BMW. The agent used his collapsible straight baton to break the rear and front driver’s side windows of the BMW. The agent reached into the vehicle as the vehicle moved in reverse. The driver of the BMW continued to move the vehicle backward, then the driver changed gears and started turning the steering wheel with his right hand while the agent was holding him by his left forearm, which was outside and below the driver’s side window. The agent drew his handgun and fired once, fatally striking the driver of the BMW.  

The Pima County Sheriff's Department, the FBI, and CBP's Office of Professional Responsibility are investigating the incident, and the involved agent has been placed on administrative leave, CBP said. After the investigation, the CBP’s National Use of Force Review Board will review the incident to determine whether the Agent followed CBP policy regarding the use of force.

The six occupants of the vehicle, including one U.S. citizen and five undocumented migrants, were taken into custody, the release stated.

Miller expressed his condolences to the family of the driver and emphasized the importance of training and policy review in a professional law enforcement organization. He also praised CBP personnel for their commitment to the CBP mission, adding that the body camera footage was shared quickly with partner agencies.

“We shared the footage and other evidence with the FBI and the Pima County Sheriff's Office within hours of the incident to support their investigations, and the prompt public release of this footage is in keeping with our commitment to accountability and transparency," he said. "This includes our ongoing work to deploy body-worn camera systems to all frontline personnel."

Miller added that border patrol is "a dynamic operating environment. CBP personnel face this challenge with sound judgment, extensive training, and a steadfast commitment to the CBP mission."