Per the newspaper, former SEAL Alton Jones — who left military service after 13 years in 1990 — was running along the border fence in August of 2014 when he had a run-in with Border Patrol agents. Per Jones’ account of the incident, he and his family departed their home near the Imperial Beach, CA, Border Patrol station for a day at the beach park which sits at the “southwestern-most corner of the continental United States.” While his family played with beach toys in the sand, Jones went for a run.
Jones apparently jogged down a sand path that “appeared to go through a wildlife reserve and up to a paved road near the border fence and Friendship Park,” according to the Union-Tribune. According to Jones’ account, neither the path nor the road displayed any signs, nor was blocked by any barriers suggesting that pedestrians were forbidden from entering the area.
About a half-mile into this area, Jones stated that he noticed a Border Patrol vehicle rapidly approaching him, at which time he states that he called his wife to alert her. Another Border Patrol vehicle then approached him from behind, at which point Jones told the agent in the second vehicle that he was “planning on running up the hill and back down the beach.”
At this point, events turned ugly, per Jones, who stated in his lawsuit that the first agent used an expletive to yell at Jones to turn around. Jones shouted back his own expletive and asked the agent what his problem was. Jones then began to run back to the beach, but other Border Patrol agents on ATVs and in a third vehicle had already approached.
According to Jones, the Border Patrol agents then tackled him without warning, striking him on his back and neck. One agent allegedly also put his knee on Jones’ spine and placed his arms behind his back. At this point, Jones repeatedly asked the agents to stop, and per his account, at no time did he resist the agents or respond with force of his own.
Jones was arrested for assaulting a federal agent and spent the night in custody at the Imperial Beach border patrol station. He spent 17 hours in detention and was never provided paperwork on his detention, nor were charges ever filed against him.
The Border Patrol agents have their own account of the events that transpired that day, and in their counter lawsuit, they described it thusly:
Jones ignored repeated warnings to stay on the trail on which he was running (off the road), and instead kept jogging on the paved road. Finally, one of the agents exited his vehicle and ordered Jones to get off the road. Jones then allegedly replied with his “what’s your problem?” to the agent. He then stayed on the road, per the Border Patrol agent.
Jones then allegedly ignored an agent on an ATV, running around him as the agent ordered him to stop. Agents then blocked Jones, who took a “fighting position and tried to find a way past,” per the Border Patrol counterclaim. Agents tried to restrain Jones, who allegedly charged toward one, with his head down, ramming him. This caused the group of agents and Jones to “fall to the ground,” per the countersuit.
At that point, Jones was told he was under arrest for assaulting a federal officer, at which time he was also taken to the Imperial Beach station and detained for the night. Jones alleges he asked for an attorney several times, and for further explanation of his arrest, but was provided neither by the Border Patrol agents. He also claims he was denied medical treatment he requested for his back, hip, and shoulder pain.
Jones is being represented in his lawsuit by the American Civil Liberties Union Foundation of San Diego and Imperial Counties, which filed in March 2015 a Freedom of Information Act (FOIA) request for all of the details on the arrest and detention. The ACLU claims the documents were never provided. Jones’ lawsuit alleges excessive use of force, violation of free speech, false imprisonment, battery by a peace officer, negligence, and violation of the federal public records act, among other claims.
One Border Patrol agent filed a counter-suit against Jones, alleging physical and emotional abuse. The Union-Tribune describes this as a rare legal move on the part of the federal government, and the first time a federal agent has presented such a counter-suit in San Diego. The suits remain in court as of the time of this writing.
Talk about a shitty day at the beach.
(Featured image courtesy of Wikipedia).
COMMENTS