Additional Coverage:
- CBP officer charged with assault over treatment of protester outside Colorado ICE facility (pbs.org)
An immigration officer in Durango, Colorado, faces charges of third-degree assault and criminal mischief following an incident during an October protest. The protest was held in response to the detention of three Colombian asylum-seekers, and involved a confrontation between the officer and protester Franci Stagi.
Bystander videos show a masked agent, identified as Nicholas Rice, grabbing and pulling Stagi across the street. Stagi alleges that Rice put her in a chokehold and grabbed her by the hair before throwing her down an embankment. She reported ongoing pain in her arm from the encounter and said the officer also struck her hand, causing her to drop her cellphone.
The Colorado Bureau of Investigations took up the case after the Durango Police Department chief raised concerns about possible violations of state law, marking a rare request for investigation of a federal officer’s conduct. U.S. Customs and Border Protection initiated its own inquiry but has yet to comment on the charges.
Court documents charge Rice with third-degree assault-defined as causing bodily injury-and criminal mischief related to the damage of Stagi’s phone. However, the documents do not mention the use of a chokehold or specify the nature of the injuries.
Stagi expressed disappointment that the charges were relatively minor misdemeanors carrying a maximum sentence of under one year. She hopes the case highlights that immigration officers must not use excessive force or act indiscriminately.
Federal law grants significant protections to officers acting in their official duties, and the Justice Department has recently opposed state attempts to prosecute federal agents. Nevertheless, legal experts note that these protections are not absolute.
The use of chokeholds has been a contentious issue in policing since the 2014 death of Eric Garner in New York, whose last words, “I can’t breathe,” became a powerful slogan for the Black Lives Matter movement. While several states, including Colorado, have banned chokeholds, efforts for nationwide reform have faced obstacles.
Colorado enacted a statewide chokehold ban shortly after the 2020 killing of George Floyd, reinforcing earlier, more limited restrictions. The ongoing debate over appropriate use of force and accountability continues to shape law enforcement policies across the country.