The American Civil Liberties Union (ACLU) of New Mexico sent a letter Wednesday demanding that Customs and Border Protection (CBP) conduct an independent investigation into a deadly vehicle pursuit involving Border Patrol in Deming.
The pursuit took place on Sept. 18 around 12:36 p.m. after a black Acura SUV avoided a checkpoint in Deming while driving north on New Mexico state road 11, according to Border Patrol.
Border Patrol agents in two separate vehicles found the Acura about six miles north of the checkpoint and Border Patrol stated they attempted to conduct a vehicle stop near Mile Marker 19.
The vehicle did not stop and continued for approximately a half-mile until the driver lost control and crashed, Border Patrol stated.
Multiple people were ejected from the vehicle, which caught on fire, according to the ACLU.
Two people were killed and eight others were severely injured, the ACLU stated.
A medical examiner declared a female citizen of Ecuador dead at the scene, according to Border Patrol.
A second occupant of the Acura, a citizen of Brazil, died on Sept. 27 at a hospital in El Paso where he was treated since the crash, Border Patrol added.
The other occupants were taken to the hospital for medical care.
A Border Patrol agent, according to the ACLU, conducted a dangerous maneuver that is not authorized in the recently released CBP vehicle pursuit policy.
The ACLU said it is not clear if the agent sought or obtained supervisory approval for the maneuver.
Rebecca Sheff, senior staff attorney at the ACLU of New Mexico, issued the following statement:
This is yet another example of a dangerous vehicle pursuit by Border Patrol agents with a disastrous outcome. We are asking that CBP’s Office of Professional Responsibility promptly engage in a thorough investigation of this deadly high-speed pursuit to ensure that the agents involved in this incident are held accountable and reforms are undertaken to prevent similar dangerous vehicle pursuits from occuring in the future. Deaths due to Border Patrol vehicle pursuits occur with disturbing frequency. The family members of the people who died, those who were injured, and border communities deserve answers about this incident.
CBP sent us the following response when asked about the ACLU's call for an investigation:
This incident is being investigated by Homeland Security Investigations and the New Mexico State Police and reviewed by the U.S. Customs and Border Protection Office of Professional Responsibility and the New Mexico Office of the Medical Investigator. The Department of Homeland Security Office of Inspector General was also notified of the incident.
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