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NOGALES, Ariz. (AP) — A U.S. Border Patrol agent seen punching a Mexican immigrant teenager on video could have his felony charge of aggravated assault reduced to a misdemeanor, according to the Santa Cruz County attorney prosecuting the case.
Aldo Arteaga, 35, is a nearly 10-year veteran of the department and was stationed in Nogales, Arizona on Jan. 30 when the incident took place.
Arteaga made his first appearance in court on Tuesday in Nogales.
Videos shown to The Associated Press show an agent identified as Arteaga punching a teenage boy in the stomach after apparently catching him using a cellphone, which detainees are not allowed to have.
The black-and-white videos do not have audio. They show the teenager hunched down with what appears to be a cellphone in his hand. Moments later, the agent enters the cell, takes the phone and punches the boy in the stomach, knocking him over. The boy lies in a fetal position until another agent walks in, kicks his foot and escorts him out.
Arteaga, who turned himself in to authorities last week after an internal agency investigation was turned over to Santa Cruz County authorities, has been placed on administrative leave. He was booked and released on his own recognizance.
His attorney declined to comment. However, in a document filed in court, his attorney says Arteaga's actions "were necessary and proper to perform his duties as a federal law enforcement officer, and he had no motive other than to do his duties."
The attorney, Sean Chapman, has petitioned Santa Cruz County to move the case to federal court, arguing that the state has no jurisdiction over a federal officer who was performing a duty he was authorized to do. Chapman said in court in Nogales on Tuesday that he was considering withdrawing that request.
Liliana Ortega, who is prosecuting the case, said in court that she was reviewing it again and is considering reducing the felony assault charge to a misdemeanor because the boy was 15 years old at the time of the incident. Arizona statute reads that the felony charge applies to a person who is 18 years of age or older who commits an assault on a minor under the age of 15.
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