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Tag: lethal force

Ex-Internal Affairs Chief Says Border Patrol Agents Receiving Inadequate Training

border patrol 3By Steve Neavling
ticklethewire.com

Border Patrol agents are receiving inadequate training and poor screening, resulting in unnecessary use of lethal force, according to the former head of internal affairs at Customs and Border Protection.

James Tomscheck also said in a Supreme Court ruling that an agent should be held accountable for killing a Mexican teen, the Associated Press reports. The case involved the shooting of 15-year-old Sergio Adrian Hernandez Guereca in 2010.

A CBP spokesman declined to comment.

Tomscheck served as assistant commission of the CBP Office of Internal Affairs from June 2006 to June 2014, focusing on the oversight of use-of-force investigations.

“As security along the border has increased, criminal organizations seeking inroads into the United States have attempted to infiltrate the Border Patrol. And pre-hiring screening programs have been inadequate, leading the Border Patrol in some instances to hire actual cartel members as agents,” the brief, which also includes Tomsheck’s second-in-command, James Wong, states.

Tomscheck also wrote that the agency is becoming more militarized.

“Combined with inadequate field training on appropriate uses of force, these factors have led to an environment in which Border Patrol agents have unnecessarily employed lethal force on the U.S.-Mexico border,” the brief states.

Other Stories of Interest

FBI Makes Rare Move to Fire Agent for Shooting Unarmed Suspect

fbi badgeBy Steve Neavling
ticklethewire.com

In a rare move, the FBI is trying to fire an agent after he intentionally shot a suspect.

The New York Times reports that the FBI concluded the off-duty agent violated bureau policy for shooting an unarmed suspect who was accused of breaking into a Lexus in Queens.

According to internal reports obtained by the Times, the agent shot the man from a second-story window, striking him in the back.

The bureau accused the agent, Navin Kalicharan, of violating its lethal force policy, which permits agents to shoot their weapons only when there is an imminent risk of death or serious bodily harm.

Kalicharan is contesting the dismissal.

Border Patrol Chief Says Agents Can Still Shoot Rock Throwers, As Long As They Pose Threat

Steve Neavling
ticklethewire.com

The Border Patrol has been under fire recently for using lethal force on people who throw rocks at agents near the U.S.-Mexico border, Border Patrol Chief Michael J. Fisher said in a new directive Friday, according to the Washington Post.

“Agents shall not discharge firearms in response to thrown or hurled projectiles unless the agent has a reasonable belief, based on the totality of the circumstances, to include the size and nature of the projectiles, that the subject of such force poses an imminent danger of death or serious injury,” Chief Fisher said in the directive.

The decision by Fisher roiled critics who say Border Patrol agents often are too quick to shoot.

“Border Patrol Chief Fisher’s new guidance on use of force leaves much to be desired. It is largely a restatement of existing policy, which is a shame because clearly existing policy isn’t working,” said Chris Rickerd, policy counsel at the American Civil Liberties Union.

Rickerd is calling for an investigation into the past five years of deadly force by the Border Patrol.