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Lawyers call for inquiry after immigration agents fired at truck in San Bernardino

Melissa Gomez, Los Angeles Times on

Published in News & Features

Attorneys for a San Bernardino man who was stopped by U.S. Customs and Border Protection officers on Aug. 16 are calling for an investigation after masked immigration agents shot at his vehicle during a stop.

They also released surveillance video of the incident, which appears to dispute a key claim by the Department of Homeland Security — that the man drove his truck toward agents and injured them.

The man, Francisco Longoria, was driving to work around 8 a.m. on Aug. 16 with his 18-year-old son and 23-year-old son-in-law, his attorneys said. Longoria's truck bed was full of party rental supplies because they were on their way to drop them off, a job he does for a living. In surveillance video captured from across the street, the interaction begins when a white truck veers into the far right lane in front of Longoria's truck, forcing him to stop.

Agents appear to then surround the car, with two more vehicles parked behind Longoria's truck.

Video from inside the truck taken by Longoria's passengers shows masked agents surrounding the vehicle, as Longoria says in Spanish, "Don't open it" to his son in the passenger seat.

"Francisco! Roll down the window!" one agent says in the video, addressing Longoria.

One video shows a masked agent, wearing a "CBP" baseball cap, slipping on gloves right before another agent shatters the car window on the driver's side.

Longoria then speeds off, and three shots ring out. The truck was found with two bullet holes, his attorneys said.

Now, attorneys Jason Sanchez and Robbie Muñoz of the Simon Law Group are calling on local and state officials to investigate the incident, which appears to be the first instance in California of agents firing a weapon during an immigration enforcement operation.

They have forwarded the videos to the state attorney general's office, as well as the San Bernardino city attorney's office, seeking accountability for what happened. Homeland Security never produced a warrant in the attempt to stop Longoria, who does not have a criminal record or ongoing deportation proceedings that would have put him on Immigration and Customs Enforcement's radar, his attorneys said.

"Who's going to police DHS when something like this happens?" said Sanchez, who is representing Longoria. "Who's going to protect the people in the community during these targeted enforcement operations that don't seem to have any warrants?"

As of Monday, the attorneys have not received any answers as to whether an investigation has been launched by federal, state or local officials. The state attorney general's office declined to comment.

On Monday, Homeland Security said it is a "developing situation" and did not answer questions about the officers it said were injured or their conditions. The agency said in a statement that officers were injured when the driver tried to "run them down" in what it referred to as a targeted enforcement operation.

"The suspect drove directly at the officers, striking two with his vehicle," Homeland Security said in a statement. "In response to this violent act, a CBP officer was forced to discharge his firearm in self-defense."

"Later, the San Bernardino Police Department, who were contacted by a federal official assigned to the operation regarding the assault, located the suspect at a residence and briefly had him in custody — only to release him," the agency said. "This reckless decision came despite the subject's outright refusal to comply and his wounding of two federal officers. It is yet another tragic example of California's pro-sanctuary policies that shield criminals instead of protecting communities."

Surveillance video, however, appears to contradict that claim. The moment Longoria drives away, agents on both sides of the truck remain in sight of the video, and they then pile into their vehicles and pursue Longoria's truck down a side street.

 

Sanchez questioned the claim by Homeland Security that agents were injured.

"If an officer was injured, what were his injuries?" he said. "They claim these things and nothing else happens."

Two bullet holes were found on the passenger side of the truck, Sanchez said, and his firm shared videos of remnants of the bullets being collected from inside the vehicle, where shattered window glass remained. Sanchez said that if they were really trying to stop Longoria, it made no sense that they fired into the passenger side, where his son sat.

Muñoz, who is also representing the family, said the family remains shaken up after the incident. Longoria's son is fearful that the same thing could happen again, the attorney said.

"The family is still dealing with the fallout of confronting what could've been the ending of any of their lives," Muñoz said. "It's a traumatic experience that no one should have to face."

After Longoria drove off, the family called 911. While San Bernardino police were questioning Longoria, the immigration agents officers arrived, and family members identified the officer they believed had shot at the truck. The officer denied firing at the truck.

In a statement, the San Bernardino Police Department confirmed it responded to a call from someone who said "masked men had tried to pull him over, broke his car window, and shot at him."

The department said that at the time, it was unclear what the suspect was wanted for and, because of state law, did not get involved.

"Under the California Values Act, California law enforcement agencies are prohibited from assisting federal officials with immigration enforcement, so our officers left the scene as the investigation was being conducted by federal authorities," the Police Department said.

Later that same day, around 1:15 p.m., San Bernardino police responded to a call from federal agents after they attempted to detain Longoria at his home for a charge of assaulting an officer. A large crowd had formed to protest the arrest, Muñoz said, but Longoria was ultimately not detained or arrested.

Muñoz said that although Longoria took time off to process the incident, he doesn't have the benefit of stopping work entirely because he has a family to provide for. Longoria will have to continue working, Muñoz said, even if he remains fearful.

Muñoz said it's important not just to get answers for Longoria's family, but also to try and prevent a similar situation from happening again.

"What world are we living in where it's now OK and acceptable for a masked agent — who's not provided any identifying information — to shoot into the back of a civilian's vehicle?" Muñoz said. "We can't allow the normalization of events like this. It puts us all at risk."

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