SASABE, Ariz. — The family of a man shot and killed by a Customs and Border Protection Agent in March 2023 is taking legal action against the agency. They claim the agent didn't follow CBP's own policies when shooting Noe Mejia once in the neck at point-blank range.
CBP agents began pursuing Mejia's black BMW north of Sasabe, Arizona after a camera operator observed multiple suspected undocumented migrants load into the car.
According to CBP, agents tried to initiate a traffic stop on the car, but it failed to stop and a pursuit into the desert ensued. It came to a stop when Mejia tried to turn around on a rural dirt road.
CBP Agent Adam Valdez exited his patrol car and used his baton to break the driver's side and backseat windows of the car. Mejia, the driver, put the car in reverse as his arm was grabbed by Agent Valdez. Valdez pulled out his handgun and fired one shot at Mejia, striking him in the neck.
Inside Mejia's car, agents found five undocumented immigrants, two in the back seat and three located in the trunk.
"Mr. Mejia wasn't going anywhere. He didn't present a threat. It cannot be a speculative threat. You have to actually have the threat develop, and that's what we're saying was completely unnecessary here," Joy Bertrand, attorney for the Mejia family said.
The lawsuit claims CBP policies say agents cannot use deadly force against someone who is fleeing. It does allow them to use it, "where the law enforcement officer has reasonable belief that the subject poses a significant threat of death or serious harm, to law enforcement or others and such force is needed to prevent escape," CBP policy states.
According to court documents, Mejia's family claims Valdez didn't follow several other policies including: firing at a moving vehicle, not taking into consideration the hazards posed to innocent bystanders, and not rendering aid to someone with visible or apparent injuries.
The lawsuit also claims CBP released body-camera footage of the incident in violation of the Privacy Act, which "prohibits any government agency from disseminating any record kept on an individual, absent specific circumstances." They said what is shown in the video is not one of those circumstances.
"There's also just the consideration of, are you doing more harm than good by releasing this?" Bertrand said. "And particularly by not even giving the family heads up, they just released it."
In the days after the shooting, CBP said the incident was under review by several law enforcement agencies. Those agencies are the Pima County Sheriff’s Department, FBI, and CBP’s Office of Professional Responsibility.
They said the incident will be reviewed by CBP’s National Use of Force Review Board at the conclusion of the investigation as well. Thus far, that report has not yet been released.
12News reached out to Customs and Border Protection for comment on the filing of the lawsuit. A spokesperson said they would get back to us, but at the time of publication, we have not received a response.
Mejia's family is asking for damages to be paid to Mejia's two surviving children. Their attorney said losing their father has had a major impact on them.
"The family's lost a brother and a friend and a son, but this left two children without a father, and that has been devastating for the kids," Bertrand said.
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