Border Patrol shooting of U.S. man near Sasabe ruled a homicide as investigation continues

José Ignacio Castañeda Perez, Arizona Republic
·4 min read
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The fatal Border Patrol shooting of a U.S. citizen near Sasabe in March was ruled a homicide by the Pima County medical examiner's office.

Noe Mejia, 38, was shot and killed by a Border Patrol agent on March 14 in southwestern Arizona north of Sasabe. The cause of death was a gunshot wound to the neck, according to Mejia’s autopsy report obtained by The Arizona Republic.

Defibrillator pads were on Mejia’s front torso when the autopsy exam was conducted the day after the shooting. Mejia’s time of death was 7:26 p.m.

Mejia was suspected of smuggling five undocumented migrants in a BMW before fleeing from Border Patrol agents.

The Pima County Sheriff's Department is conducting an external criminal investigation into the shooting. The department will make a recommendation to the Pima County Attorney's Office whether criminal charges should be filed.

Tucson Sector has highest number of use-of-force incidents

The shooting took place in the Border Patrol’s Tucson Sector, which has the highest number of use-of-force incidents across the agency, with 142 incidents reported so far in fiscal year 2023, according to U.S. Customs and Border Protection data.

In 2022, 196 incidents were reported. The Tucson Sector is followed by El Paso, where 120 incidents have been reported so far this fiscal year, per CBP data.

Body camera footage: CBP releases body camera video for fatal Border Patrol shooting in Arizona

CBP released the body camera footage of the shooting April 14, nearly a month after it happened. The release was the first time that CBP released a body camera video of an agent-involved shooting.

The border wall in Sasabe, Arizona, near the Buenos Aires National Wildlife Refuge in 2021.
The border wall in Sasabe, Arizona, near the Buenos Aires National Wildlife Refuge in 2021.

Mejia’s family was “horrified and re-traumatized” by the release of the body camera footage showing the shooting, according to Joy Bertrand, one of the attorneys representing various members of Mejia’s next of kin.

“They're devastated,” said José Saldivar, an attorney co-counseling with Bertrand on the case.

At least one of Mejia’s siblings was allowed to review the footage before it was made public, Saldivar said. Saldivar said more footage is available that would “paint a better picture” relating to the delay in rendering aid to Mejia after he had been shot.

Video shows fatal encounter

In the video, Mejia can be seen immediately slumping forward toward the steering wheel after being shot. Mejia had a sleeve of black tattoos on his left forearm and was wearing a San Francisco 49ers winter hat.

A new border wall stretches along the landscape near Sasabe, Ariz., on Wednesday, May 19, 2021.
A new border wall stretches along the landscape near Sasabe, Ariz., on Wednesday, May 19, 2021.

The agent had positioned his pickup truck behind the BMW before getting out and smashing the rear and front driver’s side windows with his baton. Mejia and the agent then began to struggle as the agent tried to hold onto Mejia’s left arm, which was coming out of the broken driver’s side window.

Initial reporting: Border Patrol agent shoots, kills man after vehicle pursuit near Sasabe

The agent continued to try to hold onto Mejia’s arm as he began to reverse the car.

Then, as Mejia began to sharply turn the wheel to turn the car left, the agent pulled out his handgun and fired once at Mejia inside the car.

Two agents rendered aid to Mejia by trying to resuscitate him and by using a defibrillator. Mejia was pronounced dead at the scene by the Pima County Sheriff’s Department.

“I believe that this officer does need to be charged criminally,” Saldivar said.

BMW first spotted near Sasabe port of entry

The episode began at 6:18 p.m. when a Border Patrol remote camera operator saw several suspected undocumented migrants load into a BMW about one mile north of the Sasabe port of entry.

Two Border Patrol agents started following the BMW and noticed that the driver was driving in an “erratic manner.” The agents turned on their emergency equipment to perform a traffic stop, but the driver kept going and a chase ensued.

A roadway and fencing near the border in Sasabe, Arizona, close to the Buenos Aires National Wildlife Refuge. The photo was taken in March 2021.
A roadway and fencing near the border in Sasabe, Arizona, close to the Buenos Aires National Wildlife Refuge. The photo was taken in March 2021.

The agents chased the BMW as the driver turned west near mile marker 20 on State Route 286 onto Brown Bear Canyon Road. The BMW driver tried to turn around at 6:41 p.m. by turning the car south 3.8 miles west of SR 286.

The video footage and other evidence were given to the FBI and the Pima County Sheriff’s Department hours after the shooting, CBP said.

Have a news tip or story idea about the border and its communities? Contact the reporter at josecastaneda@arizonarepublic.com or connect with him on Twitter @joseicastaneda.

This article originally appeared on Arizona Republic: Fatal Border Patrol shooting in Arizona ruled a homicide by medical examiner