Allegedly hit migrant twice with truck and lied about it
Friday, June 22, 2018
A Nogales Border Patrol agent was indicted on May 30 at the U.S. District Court in Tucson on charges of causing bodily harm by allegedly ramming his Border Patrol vehicle into a migrant he was pursuing and lying about his actions in the incident.
Matthew Bowen, 38, was charged with deprivation of rights under color of law and falsification of records in a federal investigation related to a December 3, 2017 incident near the international border in Nogales, Arizona.
According to court records obtained and reported by the Arizona Daily Star, at approximately 7:30 a.m. on December 3, 2017, 23-year-old Antolin Lopez Aguilar from Guatemala was spotted on the U.S. side of the border wall near the Nogales Mariposa Port of Entry. From there he ran north approximately 100 yards and hid under a semi-trailer parked with other trailers near a gas station.
Three Border Patrol agents, each in his own truck, converged on the area. One of the officers located Lopez, who then began to run back toward the border wall.
Bowen pursued Lopez in his border patrol vehicle, described by another Border Patrol agent as “accelerating aggressively” as he positioned the large front grille of the truck directly behind the running Guatemalan.
Bowen then accelerated and allegedly struck Lopez twice, the second impact being so forceful it slammed him to the ground.
He then stopped his truck inches from where Lopez lay injured, nearly running over him. After exiting the vehicle to handcuff Lopez, he turned him over to the other agents and left the scene.
The other agents took Antolin Lopez Aguilar to receive medical assistance, where injuries he had sustained to one hand and both knees were documented. The next day Lopez was sentenced to 30 days in federal prison.
During the investigation into the matter, on December 12, Bowen wrote a memorandum to Tucson Sector Chief Rodolfo Karisch that included his account of the incident. He stated that he was unsure whether his vehicle had made contact with Lopez and that he had not intended to frighten or hit him.
However, video evidence from the many video cameras in the area, evidence of Lopez’s injuries and statements by Bowen’s fellow officers appear to contradict those claims. As a result, he is also charged with a count of falsification of records in a federal investigation.
Matt Bowen’s trial is scheduled for June 29 at the U.S. District Court in Tucson. The Border Patrol has not announced the current status of his employment with the agency.
The official charge of Deprivation of rights under color of law covers actions performed by local, state or federal officials within or outside the bounds of their official authority. The charge involves the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States because that person is an alien, or otherwise because of the victim’s color or race. The charge is punishable with fines and up to a year in prison.
However, if the offense includes the “use, attempted use, or threatened use” of a dangerous weapon (like a vehicle) the charge could carry a sentence of up to 10 years in addition to fines.
The charge of Destruction, alteration, or falsification of records in federal investigations carries a sentence of up to 20 years.