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Carmelo Cruz-Marcos

Age : 32

Gender : Male

Race : Latino/a/e

Date : 02/19/2022

Location : Skeleton Canyon

City : Douglas

County : Cochise

State : Arizona

Agency : US Border Patrol

Officer(s) :Kendrek Bybee Staheli; Tristan Tang

Cause of Death : Gunshot

Event : Killed by U.S. Border Patrol (CBP) during migrant apprehension

OPEN RECORDS SUMMARY :

On 02/19/2022, U.S. Border Patrol agents encountered a group of migrants moving through the remote desert terrain of Skeleton Canyon near Douglas, Arizona, a rugged border corridor characterized by steep canyons, limited visibility, and nighttime enforcement activity. Agents Kendrek Bybee Staheli and Tristan Tang pursued members of the group on foot after the encounter. During the pursuit, Staheli separated from Tang and closed distance with Carmelo Cruz Marcos in an isolated canyon area. According to official accounts, Staheli attempted to detain Cruz Marcos and a physical confrontation allegedly occurred in the dark terrain. Authorities stated that Cruz Marcos moved a short distance away, picked up a rock, and turned back toward the agent, at which point Staheli fired multiple rounds and killed him. Cruz Marcos was not reported to have any firearm and died at the scene in the canyon before medical transport could occur.
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Misconduct or internal controversy connected to the case: This shooting drew scrutiny not only for the fatal use of force against an unarmed migrant during apprehension, but also for the handling of the scene and investigative process. Reporting and investigative reviews indicate that a Border Patrol Critical Incident Team was involved in early scene response and evidence handling following the shooting. Advocacy organizations and investigative journalists later raised concerns that internal Border Patrol personnel had operational involvement in documenting the scene before full independent review by outside authorities. The case became part of broader national criticism of Border Patrol Critical Incident Teams, which were accused of assisting agents after shootings in ways that could influence early narrative formation and evidence interpretation. Customs and Border Protection later dismantled the Critical Incident Team program in 2022 after sustained public scrutiny of its role in agent-involved shootings along the southern border.
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Witness allegations: A migrant witness statement documented in investigative materials described a sequence that conflicted with the official narrative of an immediate lethal threat. The witness alleged that the agent threatened to shoot before firing and used profanity during the encounter. The witness further claimed that after the shooting, agents discussed how the incident would be described, including an allegation that one agent suggested emphasizing that Cruz Marcos attacked with a rock. These statements were later cited in advocacy reports and investigative journalism examining the case and contributed to ongoing public allegations of narrative coordination or potential cover-up concerns, particularly given the remote location and limited number of independent witnesses present in the canyon at the time of the shooting.
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Prosecutorial review and justification findings: The Cochise County Sheriff’s Office conducted the primary criminal investigation and submitted findings to the Cochise County Attorney’s Office for legal review. Prosecutors ultimately declined to file criminal charges against Agent Kendrek Bybee Staheli, concluding that they could not prove beyond a reasonable doubt that the use of deadly force was unlawful under Arizona self-defense statutes. The review accepted the agent’s stated perception that a rock presented a threat of serious bodily injury at close range in the isolated terrain. Despite conflicting witness accounts and public controversy, no state or federal criminal charges were filed, and the shooting was legally classified as justified under the prosecutorial decision framework.
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Important institutional detail: Border Patrol disciplinary systems and internal use of force review processes are significantly less transparent than those of municipal police departments, and personnel discipline records are rarely released publicly unless tied to federal litigation, civil rights investigations, or congressional oversight. In remote border shootings, scene control, jurisdictional complexity, and federal investigative structures further limit public visibility into internal findings and disciplinary outcomes. Cases involving migrants from outside the United States often involve families located abroad, which can create additional barriers to sustained legal action, public advocacy, and long-term civil litigation due to cost, jurisdiction, and access to U.S. legal representation.
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Internal investigation structure:
-Cochise County Sheriff’s Office conducted the local criminal investigation
-Cochise County Attorney’s Office performed prosecutorial review and charging determination
-U.S. Customs and Border Protection Office of Professional Responsibility conducted internal review of agent conduct
-Border Patrol Critical Incident Team responded to the scene in the immediate aftermath prior to the later dismantling of the CIT program
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Lawsuits and civil actions: Available reporting indicates that advocacy organizations and legal representatives explored federal legal avenues on behalf of the family, including potential claims against the federal government. Publicly accessible records do not show a widely reported finalized wrongful death judgment or major civil settlement tied specifically to this shooting. Cruz Marcos was a migrant from Mexico, and cross-border fatality cases frequently involve families residing outside the United States, which can significantly limit the ability to pursue sustained litigation due to financial constraints, jurisdictional distance, and the high cost of federal civil suits against government agencies. The documented record reflects advocacy pressure, legal inquiry, and claims review rather than a high-profile court resolution.
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Family response and public statements: Family members and migrant rights organizations publicly challenged the official narrative and called for accountability following the shooting. Vigils and memorial events were held in the Douglas border region, with advocacy groups emphasizing that Cruz Marcos was unarmed with a firearm and was being apprehended during a border enforcement operation when he was shot. Relatives participated in public remembrance efforts and justice campaigns through advocacy networks, expressing concern over the investigative process, the remote scene conditions, and the reliance on agent testimony in determining the official account of events. Community advocates and border rights groups framed the case as part of a broader pattern of lethal force incidents involving Border Patrol agents in remote enforcement zones where independent oversight and witness access are limited.
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Employment status: Available reporting indicates the agent remained employed with U.S. Border Patrol following the shooting during and after investigative review. There is no widely reported firing or prosecution tied to this case. Federal agents are rarely publicly disciplined unless
A criminal indictment is filed
A major civil settlement compels disclosure of internal findings
A federal civil rights investigation results in disciplinary action
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Forensic details: Total shots fired: 4. Documented gunshot wounds included multiple wounds to the face and chest. The shooting occurred in remote canyon terrain near the U.S.-Mexico border during a nighttime foot pursuit and apprehension attempt.

SOURCE LINKS :

https://www.cbp.gov/newsroom/speeches-and-statements/cbp-statement-agent-involved-fatal-shooting-near-douglas-ariz
https://www.kvoa.com/news/undocumented-migrant-dead-after-border-patrol-involved-shooting-near-douglas/article_7b3bc35c-9384-11ec-8d49-035ce04f21e7.html
https://www.kold.com/2022/02/25/update-federal-agent-fatally-shoots-immigrant-near-douglas/
https://tucson.com/news/local/group-holds-vigil-for-migrant-shot-killed-by-border-patrol-agent/article_05eeee04-9a59-11ec-83ad-b7eb901b0b54.html
https://theintercept.com/2022/05/12/border-patrol-migrant-killing-coverup/