This inane policy has already gotten an agent killed.
The documents provide the most detailed version yet of what happened in the deadly gunbattle Dec. 14 in Peck Canyon, northwest of Nogales.
The documents say the group of illegal border entrants refused commands to drop their weapons after agents confronted them at about 11:15 p.m. Two agents fired beanbags at the migrants, who responded with gunfire. Two agents returned fire, one with a long gun and one with a pistol, but Terry was mortally wounded in the gunfight.
Border Patrol officials declined to answer questions about protocol for use of force, citing the ongoing investigation.
But Terry’s brother, Kent Terry, said the other agents who were there that night told him that they were instructed to use the non-lethal beanbags first.
“There was no order given to CBP law enforcement personnel – now or in the past – that dictates the use of less-than-lethal devices before using deadly force,” stated CBP’s Southwest Border Field Branch Office of Public Affairs.
It seems highly unlikely that officers would choose to load beanbags instead of live rounds. That’s not the kind of thing field agents come up with. It’s a policy that’s so stupid it had to come from Washington.
And even worse than Washington’s policy stupidity: No one will be held to account for the killing of BP agent Brian Terry:
The search warrants were requested to examine fingerprints and a hair sample from Osorio-Arellanes, who was one of four men arrested that night near the shooting scene. The other three arrested, illegal immigrants from Mexico, have been cleared in connection with the crime and deported back to their home countries.