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Hector Rodriguez-Chavez, Assaulting a U.S. Border Patrol Agent, California 2020

Published February 10, 2020

San Diego, California - In a shocking incident of violence, Hector Rodriguez-Chavez, a 62-year-old Mexican national, was sentenced to 141 months in prison for pointing a loaded handgun at a U.S. Border Patrol agent in November 2018.

According to the investigation, Rodriguez-Chavez was in a remote area approximately three miles east of the Otay Mesa Port of Entry when he turned and pointed a loaded semiautomatic pistol at one of the agents. The agent, in a split-second decision, grabbed Rodriguez-Chavez’s gun and wrestled it out of his hands.

Rodriguez-Chavez pleaded guilty in September 2019 to one count of assault on a federal officer with a deadly weapon and one count of brandishing a firearm during and in relation to a crime of violence. U.S. District Judge Gonzalo Curiel imposed a 141-month sentence for the two counts, plus an additional 24 months in custody for violating the terms of supervised release from a 2014 conviction for illegal re-entry of a deported alien.

“This sentence is a fitting reminder that the safety of our courageous agents, who put their lives on the line every day to protect our country, is of paramount importance to our office and to the community,” said U.S. Attorney Robert Brewer.

“I’m pleased by this sentence,” said Chief Patrol Agent Aaron M. Heitke. “Any day that our agents go home safe is a good day. Border Patrol Agents risk their lives every day protecting America and the agent’s quick thinking in this case prevented any bloodshed.”

Rodriguez-Chavez’s crime falls under two charges: Count 1 - Assault on a Federal Officer, in violation of 18 U.S.C. 111 (a)(b) with a maximum penalty of twenty years in prison, and Count 2 - Brandishing a Firearm During and in Relation to a Crime of Violence, in violation of 18 U.S.C. 924 (c) with a mandatory minimum of seven years in prison and a maximum life sentence.

This incident highlights the risks and bravery of U.S. Border Patrol agents who work in remote areas to protect our nation’s borders. The sentence imposed on Rodriguez-Chavez is a testament to the importance of upholding the law and ensuring the safety of those who serve and protect our country.

Defendant Information: Hector Rodriguez-Chavez, a 62-year-old Mexican national.

Criminal Charges: Assault on a Federal Officer and Brandishing a Firearm During and in Relation to a Crime of Violence.

City and State: San Diego, California.

Date: November 2018.

Sentence: 141 months in prison, plus an additional 24 months in custody for violating the terms of supervised release.

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Source: https://www.justice.gov/usao-sdca/pr/man-sentenced-assaulting-us-border-patrol-agent-handgun