Shooting Migrant; Texas National Guard Member Says It’s Not Clear How His Gun Discharged

According to a sworn statement, the Texas National Guard member involved in a January altercation with a migrant reportedly unholstered his pistol and switched it from his right hand to his left before the firearm discharged and struck the migrant in the shoulder.

According to the national guard member’s sworn statement, they unholstered their M17 pistol to demonstrate that they were armed, but the individual persisted in delivering body blows to their torso despite the risk of severe bodily harm.

The individual reported that they switched their M17 from their right hand to their left in the low ready position to gain more control over their opponent and maintain a safe distance. However, despite their efforts, the opponent persisted in grappling with them and attempting to bring them to the ground.

According to the incident report, a shooting occurred in the Rio Grande Valley of South Texas in the early morning of January 15. According to a sworn statement from a member of the National Guard, Border Patrol had requested the aid of the Texas National Guard in locating migrants who had crossed the border wall.

This marks the initial recorded occurrence of a service member shooting and wounding a migrant since the commencement of Texas’ Operation Lone Star in March 2021.

According to the incident report, a guard member whose name has been redacted was found to have secret security clearance and was assigned to D Company, 3rd Battalion, 141st Infantry Regiment. The individual in question was described as a Caucasian male.

According to his sworn statement, he and his partner pursued a Border Patrol agent, who was accompanied by a K-9, to an abandoned house. They proceeded to order the migrants to halt and give themselves up, using both Spanish and English.

According to a guard member, aided by a headlamp, he observed an individual attempting to exit through a window and subsequently approached the person.

In a recent development, the National Guard has been deployed to the Texas border. No further details have been provided at this time.

At the border, a migrant was shot and injured by a member of the Texas National Guard.

According to a sworn statement, the migrant allegedly threw backward elbow blows and hammer punches at the individual, striking their upper torso. According to the National Guard member involved in the altercation, he was attempting to maintain his balance when the migrant made contact with his front chest plate.

According to the statement, the individual recounted holding the perpetrator with their left hand while simultaneously checking their holster to ensure the presence of their M17 pistol. However, the perpetrator attempted to grab their wrist, prompting the individual to take a step back while maintaining their grip on the perpetrator.

According to a sworn statement, a National Guard member displayed his weapon to demonstrate that he was armed, but lost his balance and fell on his back. As a result, the migrant fell on top of him.

Amidst the chaos, the individual’s M17 firearm discharged a single round unintentionally. It is unclear whether the discharge was caused by the speaker or the migrant. The individual rose to one knee promptly and swiftly secured their firearm in its holster.

According to the statement, the individual held onto the migrant with one hand and proceeded to check if he had been hit while asking if he was okay.

The individual who was shot and is a migrant hails from El Salvador. The authorities have not disclosed his identity. A man was shot in the shoulder and discharged from the hospital on the same day.

CNN has obtained several documents related to the recent incident involving National Guard members at the US-Mexico border. These documents include the incident report, the use of force policy, sworn statements from two National Guard members, the policy on service members providing emergency aid to migrants, and the policy on a service member’s ability and authority to apprehend or detain migrants.

According to a sworn statement provided by the second service member, they were inside an abandoned house with their partner when they heard “a round go off.”

According to a sworn statement, upon arrival at [redacted], the individual in question was found lying on their back with a migrant on top of them. The individual proceeded to inquire about their well-being.

The National Guard has been granted authorization to utilize the “minimum force necessary.”

A copy of the policy regarding the National Guard’s ability and authority to apprehend or detain migrants was obtained by CNN. According to the available information, a part of the policy has been censored.

However, the remaining unredacted portion specifies that members of the armed forces have been granted permission to use the least amount of force required to capture or confine migrants. This authorization can be exercised when they are instructed by a law enforcement officer or when they respond to requests for aid from law enforcement officials.

There is no indication that the migrant in question was armed.

It remains unclear how and when the safety switch of the weapon was flipped, according to the account provided by the service member whose weapon discharged.

According to Campbell, the authorized use of “minimum” force to detain an individual can rapidly escalate to deadly force if a guardsman has a reasonable belief that the person presents an immediate danger of causing death or serious injury.

According to the policy of the Texas National Guard, guardsmen are required to utilize all other possible methods of controlling a situation prior to utilizing deadly force. As per the agency’s protocols, engaging in a physical altercation with someone does not provide sufficient grounds to use lethal force against them.

In response to an increase in illegal immigration, Governor Greg Abbott has initiated Operation Lone Star. With the aim of reinforcing the Texas-Mexico border, the state has assigned over $4 billion to fund the initiative.

This includes the mobilization of numerous Texas National Guard personnel and Texas Department of Public Safety troopers.