United States Prevails in Wrongful Death Lawsuit Alleging Excessive Force by Border Patrol

SAN DIEGO -A federal judge has ruled in favor of the United States in a civil lawsuit brought by the estate of a human smuggler fatally shot during a smuggling incident, rejecting allegations that Border Patrol agents used excessive force.

The plaintiffs included the son of deceased smuggler Silvestre Estrada, as well as two individuals who were being smuggled, Francisco Madariaga and Jaime Madariaga-Gonzalez. U.S. District Judge Anthony J. Battaglia ruled that the Border Patrol agents' use of force was reasonable and that deadly force was justified when Estrada drove toward them in a threatening manner, leading the agents to reasonably fear for their safety. The court also found that less-than-lethal alternatives were not viable given the rapidly evolving situation.

The allegations stemmed from the shooting death of Estrada on May 14, 2021. That evening, at approximately 10:13 p.m., Border Patrol agents using surveillance technology observed Estrada as he picked up the cousins on the shoulder of State Route 94.

The Madariagas, who are cousins, were both undocumented aliens with Mexican citizenship and no legal right to enter or remain in the United States. The Madariagas had crossed the United States/Mexico border days before. Agents using fully marked Border Patrol vehicles found Estrada's vehicle, and engaged Estrada by activating their service vehicle lights and sirens. Initially, Estrada pulled over and yielded to the agents.

However, as agents approached Estrada's vehicle, Estrada sped off, and a high-speed pursuit began. The length of pursuit was approximately four miles and lasted approximately six minutes. During the pursuit, Estrada swerved in and out of the eastbound and westbound lanes of State Route 94, and at times was driving over 80 miles per hour. At trial, the Madariagas testified that, during the pursuit, they were both frightened and believed they might get into an accident.

Ultimately, Estrada's vehicle entered a Circle K gas station from State Route 94. Several Border Patrol vehicles were pursuing Estrada at that time. Some continued the pursuit by following Estrada into the Circle K, while others surrounded the gas station and remained outside on State Route 94. Estrada sped through the Circle K property apparently looking for an exit. Estrada attempted to reach the property's entrance/exit to escape the property but was blocked by a high curb that Estrada crashed his vehicle into. The right front end of the vehicle sustained significant damage. Unable to proceed further, Estrada backed up to a point where he was blocked in by a Border Patrol vehicle. Estrada stopped the vehicle for four seconds.

As stated by Judge Battaglia in his written ruling, "[w]hile the vehicle was stopped, Agents approached the vehicle because almost everyone-including the Madariagas-believed the vehicle chase was over . . . . Although everyone else believed the vehicle chase was over, Estrada apparently thought otherwise." After briefly stopping, and as a Border Patrol agent approached, Estrada revved the vehicle and then accelerated forward in the direction of the approaching agent, getting within a few feet of the agent in 1.6 seconds.

Two agents, who assessed the situation as creating imminent danger of serious injury or death to the agent in front of Estada's vehicle, fired upon Estrada's vehicle. Almost immediately after shots were fired, Estrada's vehicle turned back towards State Route 94, in the direction of another agent, who also assessed the same risk and danger to himself and also fired one shot towards Estrada. Estrada was struck and killed by one of the bullets. The Madariagas were not struck by any of the gunshots.

In his ruling, Judge Battaglia wrote about one agent: "One cannot expect (the agent) to have gambled with his own life by speculating on Estrada's intent or planned trajectory and hopefully jumping away. Clearly, Estrada gambled with his own life."

The judge wrote that another agent involved in the shooting "had little choice or option once Estrada revved up and then accelerated the vehicle in his direction."

"The Court's ruling confirms that these Border Patrol agents acted lawfully and appropriately under dangerous and rapidly evolving circumstances," said U.S. Attorney Adam Gordon. "Federal agents are authorized to use reasonable force to protect themselves and others while carrying out their mission to secure our borders."

"The safety of our agents is paramount, and any act of violence directed at them will not be tolerated," said U.S. Border Patrol San Diego Sector Deputy Chief Patrol Agent Jeffrey Stalnaker, "The court's decision affirms our agents' authority to act in defense of themselves and the public when faced with imminent threats."

This case was handled by Assistant U.S. Attorneys Glen Dorgan, Lisa Hemann and Shital Thakkar.

PLAINTIFFS Case Number 22-cv-00373-AJB-BJW

Silvestre Estrada
a minor, by and through is proposed guardian ad litem Emily Prieto

Francisco Madariaga

Jaime Madariaga-Gonzalez

DEFENDANT

United States of America

SUMMARY OF CHARGES

Federal Tort Claims Act ("FTCA"):

• Wrongful Use of Deadly Force
• Assault/Battery of Francisco Madariaga and Jaime Madariaga-Gonzalez
• Negligent Use of Force