ONLY ON ABC-7: A look at Border Patrol use of force training

The U.S. Customs and Border Protection Agency is adjusting its use of force policy.

In an effort to bring more transparency to the agency, Commissioner R. Gil Kerlikowskesaid in a statement, “We initiated both internal and external use of force reviews to improve ourselves and our responsibility to the public and to use force only when necessary.”

Changes includeadditional training in the use of safe tactics,instituting a requirement to carry less-lethal devices andproviding agents with more realistic and job specific training and experience.

Border Patrol Spokesman Ramiro Cordero said use of force training prepares agents for a wide range of situations along the border, some that could escalatewithin minutes.

A fatal encounter between a Border Patrol agent and a group of Mexican nationals along the El Paso-Juarez border made headlines across the U.S and Mexico.

In 2010, Sergio Hernandez-Guereca, 15, was shot and killed by Agent Jesus Mesa.

Mesasaid he was attacked by a group of men and teens, including Hernandez-Guereca after they attempted to enter the U.S illegally through a fence.

Agent Mesa managed to detain one person and fired three shots at the rock throwers,one of the bullets hit and killed Hernandez-Guereca.

“There has been some implementations, not because of that case (Hernandez-Guereca), but because we’re working a little bit smarter, we’re identifying high risk areas or high risk encounter areas and we are doing certain things to be prepared,” said Cordero.

Cordero could not talk specifically about the Hernandez-Guereca case.

Border Patrol agents are required to carry one less lethal device aside from their firearm.

Other devices include a taser, baton, pepper spray and a pepper ball launching device.

The pepper ball launcher shoots out about 160 projectiles that contain a powder form of pepper spray.

The FN303 is a similar tool, but with more power. It will strike a subject anywhere from 16 to 25 pounds per pressure with a maximum range of 225 feet.

“It causes welts, contusions, some bruising, it’s very painful,” said Agent Berry.

“If we have someone that is violently resisting arrest the use of the device will typically stop that action.”

Agent Berry added that the less-lethal devices are not a substitute for primary weapons in a deadly force situation, they are intermediate force tools that can be used to help prevent situations from escalating.

During training, agents are put into scenarios that resemble encounters when they are out in the field. Agents are tested on how they react and what steps they take to de-escalate a situation.

When an agent is out in the field, Cordero said it is their responsibility to make a clear judgement on when to use a less-lethal device or resort to their weapon.

“We don’t want to train our agents to go step-by-step because things can change from one second to the next,. The thing is– we have an obligation to go home at the end of our shift.”