1 person shot after exchanging gunfire with Border Patrol agents in Arizona, sheriff says

By Holmes Lybrand, Alisha Ebrahimji, Elise Hammond, CNN

(CNN) — A man suspected of being involved in human trafficking was injured after exchanging gunfire with US Border Patrol agents and firing at a federal helicopter during a pursuit in Arizona near the US-Mexico border early Tuesday, according to Pima County Sheriff Chris Nanos.

Federal agents were attempting to stop a pickup truck near Arivaca, Arizona, shortly after 7 a.m. local time, Nanos said. The person in the car did not pull over and eventually got out and ran, according to the sheriff.

The suspect was identified by the sheriff’s department as 34-year-old Patrick Gary Schlegel, a US citizen from Sahuarita, Arizona, which is about 40 miles northeast of the incident.

As agents were attempting to arrest him, Schlegel fired at Border Patrol agents and an Air and Marine Operations helicopter flying above, according to officials.

Agents returned fire, officials said, striking the driver.

The man was treated at the scene and taken to a local hospital in a medical helicopter, according to a statement from the Santa Rita Fire District, which responded to the incident. He is now in “serious but stable” condition after surgery, officials said. No federal agents were injured.

Schlegel, who had an active federal arrest warrant “for escape related to a previous federal alien smuggling conviction,” was in custody and critical condition when officials arrived, according to Heith Janke, the special agent in charge of FBI’s Phoenix division. He declined to give more information about how Schlegel escaped after that previous conviction.

This was the second time federal agents saw the truck in the area Tuesday morning and it — along with several people inside — got away the first time officials tried to stop it, Nanos said. This first encounter was what made officials suspicious that the vehicle was involved in human smuggling, the sheriff said.

The FBI requested the Pima County Sheriff’s Department’s help to lead the use-of-force investigation and is conducting a parallel investigation, the department said in a news release. The Customs and Border Protection Office of Professional Responsibility is also looking into the shooting, according to a law enforcement source.

Nanos said investigators don’t know yet how many shots were fired, but it is their belief that the agents involved “acted lawfully.”

The FBI has submitted three charges for a criminal complaint against Schlegel to the US Attorney’s Office, Janke said. The agency is processing the scene, interviewing witnesses and analyzing surveillance footage, he said.

“Let me be clear, any assault on law enforcement officers will not be tolerated. The FBI will continue to vigorously investigate those who harm or threaten to do harm to those who wear the badge,” Janke said.

Additionally, the sheriff said when his department’s investigation is complete, it will submit a report to the county attorney’s office for consideration of any state charges.

“We ask the community to remain patient and understanding as this investigation moves forward,” the Pima County Sheriff’s Department said. “PCSD will thoroughly examine all aspects of the incident, however, these investigations are complex and require time.”

CNN has reached out to US Customs and Border Protection for more details.

Arivaca, where the shooting happened, is home to about 600 residents and is located an hour south of Tucson. It is about 10 miles north of the border.

Last year, federal officers were involved in 106 use-of-force incidents along the Tucson sector of the southern border, according to CBP statistics. These incidents occurred during CBP operations, data shows, and most involved a vehicle or vessel. The sector runs across most of Arizona, from the New Mexico state line to the Yuma County line, CBP says. So far this year, there have been 27 use-of force-incidents involving federal agents in the same region, data shows.

The shooting comes amid heavy public scrutiny of the Department of Homeland Security, the agency encompassing CBP. There is no known indication that the agents involved were part of the department’s ongoing immigration crackdown.

Just a few days ago, federal officers shot and killed Alex Pretti in Minneapolis. It was the second deadly shooting by federal law enforcement in the city since a surge of personnel was sent to Minnesota earlier this month.

CNN’s Monique Smith contributed reporting to this story, which has been updated with additional information.

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