Border Patrol Agents: Let Us Shoot at Rock Throwers
Union defends use of force despite recent backlash.
Amid reports of improper use of force, U.S. Border Patrol agents are defending their use of lethal weapons against criminals and undocumented aliens who throw rocks at them.
The National Border Patrol Council, which represents 17,000 BP agents and staff, said Monday both the Homeland Security Department’s use of force policy and precedent set in federal court support the use of firearms against an individual throwing rocks. In the 1989 case Graham v. Connor, the Supreme Court said an “objective reasonableness” standard — to include severity of the crime being committed, the immediate threat and whether the assailant is resisting arrest — should be used in determining whether law enforcement has used excessive force.
“Rocks can maim and kill just as easily as a knife or a firearm,” NBPC said in a statement. “Every day on the border between the U.S. and Mexico, Border Patrol agents are assaulted with rocks, bricks, and other projectiles. These weapons are readily available and have the potential to do great harm.”
The issue was pushed to the forefront recently when BP agent Daniel Basinger shot and killed an undocumented immigrant near San Diego Feb. 18 after being hit in the head by a rock. An independent report commissioned by Customs and Border Protection and unveiled last week found agents went out of their way to cause conflict and thereby justify shooting people throwing rocks who came from the Mexican side of the border. The review examined 67 shooting incidents, 19 of which resulted in deaths.
In 185 rock assaults in fiscal 2012, agents did not use force in response in 121 incidents, responded with a firearm 22 times and used less lethal force on 42 occasions, according to the DHS inspector general.
CBP rejected recommendations made by the independent review, according to the LA Times, including one suggesting that border agents should only shoot at vehicles when their occupants are trying to kill the agents and another that they should not shoot at people who throw objects that cannot cause serious injury. The report found agents could simply move out of the way of incoming rocks.
NBPC said the focus should not be on the fact that immigrants were throwing rocks, but instead that the agents were under assault.
“Agents, when under attack, cannot wait to see the extent of possible injuries before responding,” the council said. “Such hesitation could lead to the agent being killed, whether outright by rocks or after being injured and disarmed.”
It added that restricting an agent’s ability to use force would only encourage an assailant who would know of such a restriction, and dismissed the notion that an agent would ever intentionally step in the way of a vehicle or a rock to justify using a firearm.
In light of the recent backlash, DHS Secretary Jeh Johnson has said he will reconsider the department’s use of force policy.
Suspect arrested for throwing large rocks at cars, hitting officer: Napa police
by: Aaron Tolentino
(KRON) — A man was arrested Wednesday night after he was reported to have been throwing rocks at passing vehicles, parked cars and businesses, the Napa Police Department announced on social media. Police said the suspect hit one officer in the leg with a rock, but he was not injured.
Officers shot multiple (non-lethal) bean bag shotgun rounds at the suspect, according to police. The suspect began to run away from officers, promoting a short foot chase. He then threw another rock at another officer but missed.
Two patrol vehicles were damaged by the rocks thrown by the suspect, police said. The alleged assault happened just before midnight.Marriott hotel in San Mateo to close after being open since late 1960s
The suspect was booked into the Napa County Department of Corrections on the following charges:
- Assault with a deadly weapon
- Resisting/obstruct/delay arrest
- Resisting an executive officer
- Vandalism
- Brandishing a weapon other than a firearm
- Under the influence of a controlled substance
- Violation of probation
3 injured after shooting at Safeway parking lot in American Canyon, 2 arrested
The suspect was identified as 32-year-old Ruben Lopez. According to Napa County jail records, he was arrested at 11:55 p.m. Wednesday, and his bail is set at a total of $80,000.
4 officers injured, 13 people arrested during ICE protests in Austin
auto640x360, 1238kbps854x480, 1788kbps1280x720, 3438kbps0.25×0.5xnormal1.5x2x
Four Austin police officers were injured and 13 people were arrested during ICE protests on Monday, June 9, 2025, police said. (Photo: APD and DPS)
1Comment
Share
- ICE protests
- Austin police
- Officers injured
- Arrests made
- Criminal mischief
- Federal building
- Tear gas
- Public safety
AUSTIN, Texas (KEYE) — Four Austin police officers were injured and 13 people were arrested during ICE protests Monday, police said.
Austin Police Chief Lisa Davis said three officers were injured by “very large rocks” thrown by protesters, while a fourth officer sustained a shoulder injury during an arrest and was also spit on by a demonstrator.
“These were no small pebbles,” Davis said during a news conference Tuesday. All four officers were treated at hospitals and released.
The protest began at the Texas State Capitol, where grounds were closed, before moving through downtown Austin. Police said officers from both the Austin Police Department and the Texas Department of Public Safety worked together to block traffic and allow peaceful marching.
The “dynamic changed” when the crowd gathered at the JJ Pickle Federal Building and some protesters began spray-painting graffiti on the property. Officers issued dispersal orders and arrested two people for criminal mischief at that point.
https://www.facebook.com/plugins/video.php?height=314&href=https://www.facebook.com/CBSAustin/videos/1658612654854731/&show_text=false&width=560&t=0
RELATED | Texas governor says over a dozen people were arrested at ICE protests
“Shortly after tensions began to escalate and agitators began throwing rocks at officers, and one officer was spit on in the eye,” Davis said.
Officers briefly withdrew to try to de-escalate the situation, but the crowd quickly advanced back toward the federal building, prompting police to deploy pepper balls toward the ground to saturate the area and prevent protesters from moving forward. The Texas Department of Public Safety then deployed CS tear gas to disperse the crowd.
Davis said they wanted to prevent protesters from breaking the glass at the federal building.
“Pepper ball is put on the ground and it allows the pepper spray to come up to disperse the crowds,” Davis said.auto640x360, 1238kbps854x480, 1788kbps1280x720, 3438kbps0.25×0.5xnormal1.5x2x
KEYE
The crowd broke into smaller groups, with some throwing scooters and barricades into roadways and overturning water barriers before being contained near Seventh Street and Congress Avenue.
Austin police arrested eight people on charges including criminal mischief, harassment of a public servant, failure to obey lawful orders, resisting arrest, interference with public duties, riot, and reckless driving.
Those arrested by APD were identified as Conor Williams and Abigail Pore, both charged with criminal mischief for graffiti at the federal building; Alexandra Haddix, charged with failure to obey a lawful order; Cody Bates, charged with harassment of a public servant; Edgar Tovar, charged with reckless driving; Shaneal Harun, charged with riot and resisting arrest; Margarito Perez Montalvo, charged with interference with public duties and resisting arrest; and Hayden Perez, charged with failure to obey a lawful order and harassment of a public servant. (Photos/APD)
Those arrested by APD were identified as:
- Conor Williams, charged with criminal mischief for graffiti at the federal building
- Abigail Pore, charged with criminal mischief for graffiti at the federal building
- Alexandra Haddix, charged with failure to obey a lawful order
- Cody Bates, charged with harassment of a public servant
- Edgar Tovar, charged with reckless driving
- Shaneal Harun, charged with riot and resisting arrest
- Margarito Perez Montalvo, charged with interference with public duties and resisting arrest
- Hayden Perez, charged with failure to obey a lawful order and harassment of a public servant
The Texas Department of Public Safety arrested five additional people on various charges, including felony criminal mischief and resisting arrest, bringing the total arrests to 13.
The following individuals arrested by DPS and booked into the Travis County Jail were identified as: Alvin Jarret Talley (23) – felony criminal mischief and resisting arrest; Hiram Gilberto Garcia (27) – resisting arrest; Zakk Wylde Bonham (22) – felony criminal mischief and resisting arrest; Luis Davila (21) – felony criminal mischief; William Haraway (50) – assault by contact and public intoxication. (Photo: Texas DPS)
The following individuals arrested by DPS and booked into the Travis County Jail were identified as:
- Alvin Jarret Talley (23) – felony criminal mischief and resisting arrest
- Hiram Gilberto Garcia (27) – resisting arrest
- Zakk Wylde Bonham (22) – felony criminal mischief and resisting arrest
- Luis Davila (21) – felony criminal mischief
- William Haraway (50) – assault by contact and public intoxication
“It is a fundamental right to protest,” Davis said. “However, when that protest turns violent, when it turns to throwing rocks, throwing bottles at officers, at other members of the public and community, that will not be tolerated. Arrests will be made.”
She said that the goal is to keep citizens and officers safe, which includes creating exits for people when they are asked to disperse.
The protesters at the federal building say they are part of a decentralized, anonymous movement that says they support confrontation in the “most legal means possible.”
“Change will only happen when we keep putting pressure on the people in power – the police, ICE, politicians, everyone,” said a protester who identified himself as Jason. “We have to actually stand our ground and go beyond just words.”
Chief Davis says officers relied on drones and pepper ball projectiles during Monday night’s protest. DPS also deployed tear gas.
Law enforcement expects more protests on Saturday.
“You’re going to be seeing an increase in visibility of officers. We are going to be at 100% staffing for officers this weekend,” said Chief Davis.
Chief Davis says officers will also be in the crowd on Saturday using “dialogue policing” to open a conversation with protesters and make sure they know the law and what police will and will not tolerate.
“They will be in the crowd, talking with people who are there for the protest. The goal is to make contact with people who are there before the actual protest,” said Chief Davis.
Monday night, the front of the JJ Pickle Federal Building was covered with graffiti. By Tuesday morning, it had all been removed. The only remaining damage is to one door, which is now boarded up.
