(IMAGN) U.S. Customs and Border Protection temporarily shut down the San Ysidro port of entry in San Diego-Tijuana, to install additional fortifications for the migrant caravan in Tijuana, Baja California, Mexico, on Nov. 19, 2018. The lanes reopened after about three hours.
San Diego, California – Authorities have identified the man injured earlier this week when U.S. Customs and Border Protection agents opened fire at the Otay Mesa Port of Entry.
On Friday, the San Diego Police Department said the driver was 59-year-old Humberto Chavarria-Cervantes of Los Angeles. He suffered cuts to his face from shattered glass when CBP officers fired into his windshield Monday night, after what they describe as a dangerous attempt to flee inspection.
The incident began around 9 p.m., when Chavarria-Cervantes, a U.S. citizen, drove into the inspection lanes from Mexico. Agents directed him toward a secondary inspection area, but instead of complying, police say he accelerated and headed toward the north side of the facility. When his way was blocked by other cars, he turned back—this time at high speed in the direction of several Customs officers.
It was then that Officers Richard Labak, Hugo Osuna, and Jerald Talob opened fire. Bullets struck the windshield and brought the vehicle to a halt. Chavarria-Cervantes surrendered moments later and was taken to a hospital for treatment of minor injuries. No one else was hurt. Officials noted that Labak has served with CBP for 22 years, Osuna for two, and Talob for six.
Federal prosecutors have charged Chavarria-Cervantes with assaulting, resisting, or impeding a federal officer. A criminal complaint filed in federal court also states that investigators found a knife on the passenger-side floorboard of his vehicle. Officers using contraband detection equipment reported “unusually high-density readings” in the car’s dashboard, raising questions about what else may have been concealed inside.
In an interview after his arrest, Chavarria-Cervantes told authorities that he never intended to hit the officers while trying to escape. The statement is part of the federal affidavit that outlines the case against him.
Under a regional agreement, San Diego police—not CBP—investigate shootings by federal agents at the border to avoid conflicts of interest. That protocol is now in effect, with SDPD leading the review into Monday night’s gunfire.
For residents and travelers familiar with the Otay Mesa crossing, the shooting underscores both the unpredictability of border encounters and the high stakes for the officers stationed there. While no lives were lost in this exchange, federal prosecutors are moving quickly to press their case, and investigators are still working to determine what exactly was inside Chavarria-Cervantes’ car when he sped into the inspection area.
