Charges say man shot by Border Patrol in Blaine had gun, tried to run
After a Border Patrol agent shot him in the leg Tuesday in Blaine, a Whatcom County man reportedly made a request.
"Give me the dignity of … one last cigarette before going to prison forever," he said as he lay bleeding, awaiting an ambulance, according to court filings.
Nathaniel Muniz-Spry, 39, hobbling on crutches in tan prison garb, appeared in federal court Wednesday in Seattle on charges of illegal possession of a firearm after the shooting near the U.S.-Canadian border. Magistrate Judge S. Kate Vaughn ordered him detained and set a preliminary hearing date for July 1.
According to a criminal complaint, Border Patrol agents responded when Muniz-Spry was caught on camera in Blaine, in an area where there are frequent illegal border crossings. He reportedly told them he was looking for a place to go to the bathroom and, when asked for identification, said he didn't have any on him, but gave his name and age.
Agents put him in the patrol car uncuffed where agents say he put his hands in his sweatshirt multiple times, the complaint says. While they were doing a records check on Muniz-Spry, agents learned he had an "approach with caution" alert, due to him once brandishing a knife at a law enforcement officer.
Muniz-Spry was ordered out of the car and he again put his hands in his pocket, near his waistband, and turned away from the agents, according to the complaint. After agents forced his hands on the patrol car, an agent patted him down and reportedly found what felt like the grip of a pistol in his waistband area.
The agent grabbed the firearm and yelled "Gun! Gun! Gun!" as he slipped and lost his balance, falling backward. Muniz-Spry broke away and started running, the complaint says.
A different agent shot him in the leg.
No law enforcement officers were hurt and they recovered a 9 mm handgun at the scene.
The agents gave Muniz-Spry medical attention. He was discharged from the hospital later that day.
Muniz-Spry is prohibited from having guns because he has an extensive criminal history in Skagit and Whatcom counties. According to the complaint and other court records, that includes arrests for illegally possessing guns, drugs and stolen vehicles. In 2011, he was arrested for allegedly threatening a Whatcom County sheriff's deputy with a knife.
The shooting took place in a wooded area near the intersection of Fourth and A streets in a residential part of town, near two ports of entry to the U.S.: the Peace Arch at Interstate 5 and the Pacific Highway border crossing about a mile to the east.
The shooting resulted in a massive response by law enforcement officials, including the FBI, Whatcom County sheriff's deputies and Customs and Border Patrol.
The FBI is leading the criminal investigation and CBP's Office of Professional Responsibility is reviewing the use of force in the incident, according to officials.
Residents who live nearby said they were rattled by the early-morning shooting, the first any could remember happening since they moved into the neighborhood.
The stretch of land just east of Peace Arch Historical State Park includes a dirt path running through a clearing in the trees lining the border. CBP officers are almost always there monitoring the area from their vehicles, according to residents.
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