Border Patrol Agent Proposed for Removal, Reinstated to Former Duties

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A Rio Grande Valley Border Patrol Agent was proposed for removal from his position as a Border Patrol Agent and from Federal Service for events arising out of a traffic stop and the issuance of a citation. Four charges of misconduct were leveled against the Agent. The charges were 1.) Conduct Unbecoming a Border Patrol Agent, supported by two specifications; 2.) Misuse of Position supported by three specifications; 3.) Failure to Timely Report, supported by one specification; and 4.) Lack of Candor supported by two specifications. A Giglio Impairment penalty enhancement was also filed against the Agent.

The allegations were that the Agent was driving an unmarked Government Owned Vehicle (GOV) north on a county road. He was dressed in civilian attire, and he was armed with his service weapon. The Agent was stopped for speeding by a Cameron County Deputy Constable. The Deputy Constable alleged that the Agent was clocked at 84 mph in a 55 mph zone. During the encounter the Agent reportedly lifted his shirt to display his service weapon and badge attached to his belt. It is further alleged that the Agent refused multiple times to sign the citation issued to him and that he got into his GOV and “peeled out” in an unprofessional manner.

Later, it is alleged that the Agent initiated three encounters, two telephonic and one personal, with a secretary with the Constable’s Office all in an effort to get out of the citation by claiming that he displayed his badge and weapon to the Constable and telling him that he was on a call, and otherwise demanding that the citation be dismissed. It was further alleged that the Agent failed to report his law enforcement encounter to his supervisor for a period of 48 hours. It was further alleged that the Agent, while during an Office of Professional Responsibility (OPR) interview, lied about displaying his CBP identification in an attempt to get a personal benefit or preferential treatment, and that he lied that he went to the Constable’s Office to get the citation dismissed.

The Agent Lawman Legal attorney Roberto M. Garcia based out of Edinburg, Texas, to represent him in the disciplinary administrative process of written and oral replies to the charges. Mr. Garcia prepared and filed a 39-page Written Reply to the charges and the proposed removal penalty. He also appeared before the Deciding Official with the Agent and presented a strong factual and legal defense.

Mr. Garcia’s legal representation was successful as it resulted in reaching a settlement agreement with the Agency beneficial to the Agent in that the Agent was reinstated to his former position and duties and was able to continue his career in federal law enforcement.

If you or someone you know in federal law enforcement is facing disciplinary action, call Lawman Legal at 956-223-3550 and/or send an email to roberto@rgarcialaw.com.