A Honduran national who was shot while being pursued by Border Patrol agents in Texas has been charged with assault announced the Justice Department on Wednesday.
In Del Rio Texas, federal authorities filed a criminal complaint against 48–year-old Honduran National Leivin Pineda for allegedly assaulting a Border Patrol agent over the weekend near Eagle Pass reports United States Attorney John Bash and Federal Bureau of Investigation Special Agent in Charge Christopher Combs.
The criminal complaint alleges that on September 2, 2018, Border Patrol agents observed the defendant, who they believed to be an illegal alien, walking along FM 1907 in Maverick County.
According to the complaint, the agents attempted to approach Pineda, but he fled on foot into the brush. At several points during the foot chase, Pineda threw softball-sized rocks at a high velocity towards the agents’ heads. During the pursuit, the agents repeatedly gave verbal commands to stop, but Pineda refused. The complaint further states that due to Pineda’s actions and that the rocks thrown at the agents could cause serious physical injury or death, a pursuing agent drew his firearm and shot Pineda in the upper chest/left upper arm area in order to neutralize the threat.
Pineda is currently in federal custody following medical treatment and release from a hospital. A detention hearing is scheduled for 1:00pm on September 11, 2018, before United States Magistrate Judge Victor Roberto Garcia in Del Rio. Upon conviction, Pineda faces up to 20 years in federal prison on the assault charge.
The FBI, Department of Homeland Security Office of Inspector General (DHS OIG) and U.S. Customs and Border Protection Office of Professional Responsibility (CBP OPR) are investigating this case. Assistant United States Attorney Matthew Watters is prosecuting this case on behalf of the Government.