Mexican National Charged with Assaulting Border Patrol Agent

SAN DIEGO – A Mexican national attempting to illegally re-enter the United States while armed with a loaded firearm was arrested and charged in an assault on a U.S. Border Patrol agent earlier this week.

According to the criminal complaint, at approximately 4:30 a.m., on Monday November 26, 2018, approximately ½ mile north of the United States/Mexico border, and two miles east of the Otay Mesa Port of Entry, a United States Border Patrol Agent responded to a radio call-out regarding a person crossing on foot from Mexico to the United States.  After a short search, the agent encountered Hector Rodriguez-Chavez lying face-down in tall grass.  As the agent drew near, Rodriguez turned and pointed a loaded pistol at the agent. The agent placed his body on Rodriguez’s right arm in an attempt to gain control of the pistol.  Rodriguez resisted and the two wrestled for about a minute before two more agents arrived on the scene.  Rodriguez ignored several verbal commands to relinquish the pistol and stop resisting. The second agent to arrive deployed a tazer to subdue Rodriguez and gain control over the pistol.  Rodriguez was detained and arrested.

Court records show Rodriguez has a criminal record that includes felony convictions for violent drug, immigration and firearms crimes.  Rodriguez is a Mexican national who has previously been deported from the United States.

“Assault on federal officers is one of the Department of Justice’s top priorities,” said U.S. Attorney Adam L. Braverman. “Our office is committed to vigorously prosecuting these cases.”

“Our agents’ vigilance prevented this dangerous person from illegally re-entering our communities,” said Rodney S. Scott, Chief Patrol Agent for San Diego Sector Border Control.

This case is being prosecuted by Assistant United States Attorney Stephen H. Wong.

DEFENDANT                                               Case Number 18mj6015-NLS                                                                              

Hector Rodriguez-Chavez, Age 57

SUMMARY OF CHARGES

Assault on a Federal Officer, in violation of Title 18, U.S.C., Sec. 111 (a)(l ) and (b)

Maximum penalty: Twenty years in prison, $250,000 fine

Alien in Possession of a Firearm, in violation of Title 18, U.S.C., Sec. 922(g)(5)

Maximum penalty: ten years in prison, $250,000 fine

AGENCIES

U.S. Border Patrol

Federal Bureau of Investigation

*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.