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Archive for September 5th, 2019

DOJ Decides Not to Charge FBI Agent Who Shot Kidnapping Victim in Houston

The suspects in the kidnapping.

By Steve Neavling

ticklethewire.com

The Justice Department has decided not to charge the FBI agent who fatally shot a kidnapping victim in a botched rescue attempt at a Houston home.

The U.S. Attorney’s Office for the Western District of Texas “declined to proceed with federal criminal charges against FBI personnel,” a spokesman for the agency wrote in an email to the Houston Chronicle.

The decision was made in May but not publicly disclosed “after a careful and thorough review of all of the available evidence in the matter involving the shooting,” DOJ spokesman Daryl Fields wrote.

“We conducted an approximate 11-month-long, detailed and careful investigation.”

But the unnamed agent isn’t out of hot water yet. Harris County District Attorney Kim Ogg said a local grand jury will be convened to determine if charges should be filed against the agent.

The agent shot Ulises Valladare last year, a day after kidnappers abducted him and his 12-year-old son, both of whom were bound. The kidnappers demanded ransom from Valladare’s brother, falsely claiming they were connected to a Mexican drug cartel.

The next morning, FBI agents swarmed the home. The unnamed agent used an M-4 machine gun to break a window in the rear of the home when Valladares grabbed the gun. The agent fire two shots at Valladares, mistaking him for a kidnapper.

It still isn’t clear whether the FBI took internal action against the agent.

Rare Prosecution of Border Patrol Agent Leads to Resignation for Punching Migrant

Photo via Border Patrol

By Steve Neavling

ticklethewire.com

A 49-year-old Border Patrol agent who assaulted a migrant in U.S. custody has resigned in exchange for pleading guilty to a charge filed by the Justice Department.

Jason Andrew McGilvray was working at the Calexico Border Patrol Station in California in February 2019 when he spotted an undocumented migrant jump the international border fence. McGilvray apprehend the man and struck him “in the face with the intent to deprive [him] of his constitutional right against unreasonable force during search and seizure,” prosecutors said.

According to Quartz, which first reported on the arrest, it’s extremely rare for Border Patrol agents to be held charged for on-duty wrong-doing. Since 2016, only two Border Patrol agents have been arrested for “mission-related misconduct.”

By contrast, Border Patrol agents are five times more likely to be arrested for off-duty conduct than other federal agents.

Under McGilvray’s plea agreement, he dodged jail time and was sentenced to a year of probation.

McGilvray joined Border Patrol in 2006.