Arizona County Attorney Clears Border Patrol Agent In Shooting Of Unarmed Man

By Kate Sheehy
September 10, 2014

Criminal charges will not be filed against a U.S. Border Patrol agent who shot and killed an unarmed man suspected of drug smuggling last May. 

Agent Daniel Marquez shot 31-year-old Jose Luis Arambula in the back of the head after a car chase that ended with Marquez pursuing Arambula on foot near Green Valley.

Pima County’s Chief Criminal Deputy Kellie Johnson said in the letter clearing Marquez that Arambula turned toward the agent twice to “punch out his hand as if he were about to shoot a weapon.”

She said a jury would likely conclude that Marquez believed deadly force was necessary. Agents found just more than 500 pounds of marijuana in Arambula’s jeep. Another agent with Marquez at the time of the incident provided information to investigators, but Marquez declined to comment during the investigation.

U.S. Customs and Border Protection provided the following statement:

CBP is committed to ensuring that the use of force by our agents and officers is appropriate and consistent with agency standards and procedures. CBP law enforcement personnel are trained to use deadly force in circumstances that pose a threat to their lives, the lives of their fellow law enforcement partners and innocent third parties.