Border Patrol Questioned in Fatal Crash

U.S. Border Patrol officials Friday defended the actions of agents who sought to stop a pickup with illegal immigrants before it crashed in eastern San Diego County, killing two people and injuring 19.

Officials said the agents quickly dropped back, following agency rules aimed at preventing such tragedies. Under the 9-year-old policy, agents must get permission from a supervisor before giving chase when a vehicle fails to yield to an officer’s emergency lights.

Although crashes involving vehicles carrying illegal immigrants are not uncommon at the border, pursuits are controversial. The Border Patrol’s rules were written after a 1992 incident in which six people died when an immigrant-smuggling van crashed in Temecula.

In the latest case, which occurred Thursday on Interstate 8 about 50 miles east of San Diego, agents obeyed instructions to turn off their flashers and to fall back when the truck did not pull over, said Ben Bauman, a Border Patrol spokesman in San Diego.

“There was no pursuit,” he said.

The pickup rolled over when the driver swerved onto the median in an apparent attempt to elude a third agent, who was preparing to tug a strip of tire-puncturing spikes across the highway, officials said.

Bauman said the truck first caught the eye of an off-duty agent. Agents followed for about two minutes and radioed to superiors that the pickup had not pulled over before they dropped back, he said.

“It really appears that agents did their job properly and to the letter of the law,” Bauman said.

Critics were skeptical, saying the agents prompted the pickup driver to take evasive action. “Once they turn those lights on, the chase is on,” said Roberto Martinez, a migrant-rights activist.

Two men died instantly. Six of the injured, including three children, were airlifted to hospitals, said California Highway Patrol Officer Gwen Goodwin.

All 21 occupants were ejected, Goodwin said.

Survivors told authorities they were being led by three smugglers, including the driver, Goodwin said.