Border Patrol: Immigrant Attacks Agent Near Encino, California

March 12, 2014

A man attacked a Border Patrol agent Wednesday morning, wrestled away the agent’s pistol, pointed the weapon at him and squeezed the trigger. But the gun apparently jammed.

Border Patrol wouldn’t confirm details about the altercation, but a Border Patrol agent with firsthand knowledge about the incident and attorney Rey Merino, who works for National Border Council Local 3307, which represents agents assigned to the Rio Grande Valley Sector, both provided detailed accounts. Merino talked with the agent Wednesday at a local hospital.

Two Border Patrol agents stumbled upon immigrants traveling near Encino at roughly 9:30 a.m. Wednesday.

A male immigrant attacked an agent during the incident, according to information provided by the Border Patrol’s Rio Grande Valley Sector. They wrestled over the agent’s pistol, which discharged twice during the fight.

“And he actually was able to take one of the agent’s guns away in the scuffle,” Merino said.

After taking the .40-caliber Heckler and Koch P2000 pistol, the immigrant pointed the weapon at the agent, Merino said. The weapon apparently jammed, though, and the agent recovered the pistol.

Border Patrol eventually detained eight people, including the attacker.

Agent Danny Tirado, the local Border Patrol spokesman, wouldn’t confirm any details about the fight or provide the agent’s name. Border Patrol released a statement instead.

“On March 12, 2014, RGV Sector Border Patrol agents working near Encino, Texas, attempted to apprehend eight subjects when one of the individuals attempted to wrestle away the agent’s firearm,” according to the statement. “During the scuffle, the firearm was discharged but no one was injured. No other details are available at this time. The FBI will be investigating the case.”

Tirado later clarified the statement, saying nobody was injured when the weapon discharged, but that he didn’t actually know whether or not anyone suffered other injuries.

The immigrant choked the agent and repeatedly punched him in the head, neck and back, Merino said. Additionally, the immigrant either fractured or broke a finger during the scuffle.

“I think, as the investigation will show, the agent involved handled the situation appropriately,” Merino said, adding later: “Luckily nobody was hurt more than they were.”

A Houston FBI spokeswoman declined to comment, citing the ongoing investigation.

Immigrants who attempt to enter the United States without permission often walk through Brooks County ranchland attempting to avoid the Border Patrol checkpoint on U.S. 281 near Falfurrias.

While in the brush and elsewhere, immigrants who entered the country illegally routinely run from Border Patrol agents. The resulting confrontations occasionally turn violent.

Last May, a Guatemalan man stabbed a Border Patrol K-9 — a 2-year-old female German Shepherd named Dinie — while attempting to evade agents near Mission. The small knife narrowly missed the dog’s spinal cord. Luis Gilberto Cruz Solis pleaded guilty in October and was sentenced to six months in federal prison.

Under pressure from advocacy organizations, U.S. Customs and Border Protection tightened the agency’s use-of-force policy Friday. The new regulations prohibit agents from shooting at people who throw rocks unless they consider the incident a life-threatening situation. Administrators also banned agents from shooting at fleeing vehicles.

“We want CBP to be more transparent. We’ve asked them to open up their books,” said Agent Paul Perez, who heads Local 3307. “Show the media, show these groups how often our agents get assaulted and how hard it is to get these guys prosecuted.”