U.S. Border Patrol shot a man with an active arrest warrant after he fired at federal agents Tuesday during a foot chase near the U.S.-Mexico border in Arizona, Pima County Sheriff Chris Nanos said.
The man, identified by federal authorities as Patrick Gary Schlegel, 34, escaped from a facility in December while serving a 36-month sentence for human smuggling, according to court documents.
Border Patrol agents recognized Schlegel’s vehicle Tuesday and tried to stop him, Heith Janke, special agent in charge at the FBI’s Phoenix bureau, said at a news conference. He said Schlegel ran and fired at a Customs and Border Protection helicopter.
The agents returned fire, Janke said.
Schlegel, a U.S. citizen, was in critical condition when medical crews arrived at 7:37 a.m. in Arivaca, an unincorporated community in Pima County, according to a news release from the Santa Rita Fire District. He was transferred by helicopter to a regional trauma center.
He remained in serious but stable condition Tuesday afternoon, Nanos said. No agents were wounded during the pursuit.
The Department of Homeland Security, Border Patrol’s parent agency, said in a statement that Schlegel “fired at an Air and Marine Operations helicopter and fired at USBP agents” and that agents returned fire. Border Patrol’s Office of Professional Responsibility is investigating, alongside the FBI and the Pima County Sheriff’s Department, DHS said.
Based on preliminary information, Nanos said he thought the use of force was probably permissible.
“In this case, we believe … that agent acted lawfully,” he said. “That’s our belief, based on what we know today, right at this moment. The investigation is still ongoing.”
Federal authorities will recommend charging Schlegel with assault on a federal officer, human smuggling and illegal possession of a firearm, Janke said.
Tuesday’s shooting follows three incidents in Minneapolis this month that have drawn growing scrutiny of the Trump administration’s federal immigration crackdown, and the way Border Patrol and immigration officials enforce those missions. Alex Pretti was shot and killed by Border Patrol; Renée Good was fatally shot by Immigration and Customs Enforcement; and Julio Cesar Sosa-Celis was shot by ICE but survived.
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