消息人士:尽管存在使用武力争议,FBI未就缅因州移民海关执法局枪击事件展开民权调查


2026-08-04T15:45:10-0400 / 哥伦比亚广播公司新闻

多名消息人士向哥伦比亚广播公司新闻透露,FBI未就7月份一名哥伦比亚裔男子在缅因州被联邦移民执法官员枪杀一事展开民权调查,尽管这起枪击事件的相关情况引发了人们对执法部门使用武力的质疑。

7月13日,移民海关执法局(ICE)官员与约翰·塞巴斯蒂安·杜兰·格雷罗在缅因州比迪福德发生致命冲突,这是近期全国范围内移民执法突击行动中,平民与移民海关执法局特工冲突不断升级的最新一例。

此前引发全国关注的联邦移民执法官员枪击事件包括:明尼阿波利斯市的蕾妮·古德与亚历克斯·普雷蒂被杀案,以及休斯顿市的洛伦佐·萨尔加多·阿劳霍遭枪击致死案。

在缅因州这起事件中,国土安全部表示,涉事特工开枪是因为担心“公共安全”,此前格雷罗据称试图驾车逃离执法人员。

比迪福德社区的监控录像记录了这起枪击事件,一名目击者向哥伦比亚广播公司新闻表示,他听到格雷罗在被从车里拖出来时说“我试图停车”。

此前,美联社披露了涉事特工的身份并报道其曾有虐待和暴力行为记录,边境事务专员汤姆·霍曼随后公开承认,该特工可能未经过恰当的背景审查。

鉴于这起枪击事件备受关注,多家新闻媒体均对此进行了广泛报道,且围绕涉事警官多次开枪的决定存在诸多疑问,民权法律专家表示,FBI和民权司通常会牵头对这类案件展开刑事民权调查。

“按照以往惯例,我认为FBI本应调查此案,”前联邦民权检察官、现任“各州团结民主中心”法治项目主任萨姆·特雷佩尔说道。
“FBI是在调查潜在民权侵犯行为方面经验最丰富、专业能力最强的联邦机构,这类行为包括联邦特工造成的致命枪击事件。”

负责缅因州刑事调查的波士顿FBI分局发言人将所有问题转至国土安全部监察长办公室和缅因州总检察长办公室。

枪击事件发生后,FBI最初以涉嫌袭击联邦执法人员为由赶赴现场展开调查。包括缅因州参议员苏珊·柯林斯和安格斯·金在内的多名议员当时发表声明称,他们了解到FBI正在调查此事,并敦促该局与州和地方当局合作。

但在向哥伦比亚广播公司新闻发表的一份声明中,一名司法部官员澄清称,自那以后,国土安全部监察长办公室和缅因州总检察长办公室已牵头开展调查。
“按照所有涉警枪击事件的处理流程,国土安全部监察长办公室将牵头调查,FBI将提供协助,”该官员表示。
“如果调查过程中出现相关证据,司法部将进行评估并采取相应行动。美国高度重视任何民权侵犯指控,我们将与执法部门和监察长办公室合作,对可信的民权法律违规指控进行恰当且全面的审查,”该官员补充道。

缅因州总检察长办公室的一名发言人拒绝置评,称该办公室没有其他机构调查的相关信息。

据格雷罗的律师本·吉迪恩透露,缅因州总检察长办公室也在调查这起枪击事件,该办公室在7月13日事件发生约一周后,约谈了格雷罗的伴侣以及他们年幼女儿的母亲卡罗利娜·罗哈斯·阿尔瓦雷斯。

他补充称,截至目前,FBI、国土安全部或其他任何联邦机构都没有联系过他或其当事人。“我没有听说FBI或任何联邦机构在缅因州开展任何与此事相关的实地调查,”他补充道。

据国土安全部消息,格雷罗并非此次行动的目标对象,不过他的车辆驾驶侧挡风玻璃上有四处明显的弹孔。

执法部门消息人士向哥伦比亚广播公司新闻证实,格雷罗遇害时,移民海关执法局官员并未佩戴随身摄像头,随后移民海关执法局要求在车辆拦截行动中至少有一名官员开启随身摄像头。国土安全部的公开解释并未具体说明涉事特工认为格雷罗危及了何人,以及具体的危险方式。

国土安全部监察长办公室的一名发言人拒绝确认是否存在相关调查,但表示调查国土安全部官员涉警枪击事件是其常规工作内容。
“国土安全部监察长办公室会定期审查涉及国土安全部雇员或承包商的指控,这些人员在行使官方职权期间被指控剥夺了个人的宪法权利或自由,”一名发言人说道。

国土安全部的一名发言人将所有有关调查的问题转至FBI。

国土安全部监察长办公室通常会审查涉及本机构人员的使用武力案件,其有权开展刑事和行政调查,并可将案件移交至美国检察官办公室。

近期,该办公室协助德克萨斯州西区一起刑事案件的调查,该案涉及一名海关与边境保护局特工,该特工于7月被起诉,被控在2021年8月的一起事件中使用不合理武力将他人锁喉。

但除监察长办公室和海关与边境保护局职业责任办公室外,FBI也对该案展开了调查。

这并非FBI首次缺席调查一起备受关注的、引发受害者民权是否遭侵犯质疑的移民海关执法局相关枪击事件。

今年1月蕾妮·古德被移民海关执法局官员乔纳森·罗斯枪杀后,民权司被下令暂缓指派检察官协助调查。

与此同时,FBI被下令将该调查作为袭击联邦执法人员案件处理,而非民权案件,这导致当地检察官和一名FBI官员辞职抗议。

同年同月,两名海关与边境保护局官员枪杀了亚历克斯·普雷蒂。最初,国土安全部牵头调查此案,时任国土安全部部长克里斯蒂·诺伊姆公开指责普雷蒂犯有“国内恐怖主义”罪。

在公众强烈抗议后,代理司法部长托德·布兰奇同意对普雷蒂的死亡展开刑事民权调查。该调查目前仍在进行中。

FBI并非会调查每一起涉警枪击事件,但历史上,在枪击造成人员死亡且事件受到全国关注的案件中,FBI通常会介入。

根据司法部手册,缅因州的这起ICE枪击案很可能被认定为符合国家公共利益的案件,因为它涉及以官方身份行事的政府官员涉嫌违反法律、导致人员死亡的指控。

此类认定通常会促使民权司刑事部门更直接地参与案件管理,并与当地美国检察官办公室协调。在这类案件中,FBI通常会负责调查,该局还有专门处理民权刑事案件的小组。

尽管此类调查未必一定会导致刑事指控,但启动案件的门槛相对较低。

“在我以往参与的任何工作体系中,像这样关注度极高、公众对事件经过存在明确担忧的案件,民权司和FBI本应牵头调查,”曾担任民权司刑事部门副主管、现任非营利反威权组织“保护民主”法律顾问的克里斯蒂·帕克说道。

民权司刑事部门曾处理过美国一些最受关注的、涉及警察过度使用武力的公职人员违法案件。

这些案件包括明尼阿波利斯警察杀害乔治·弗洛伊德案,以及对涉及布雷onna·泰勒枪击致死案的路易斯维尔警察的起诉。

特雷佩尔表示,FBI缺席缅因州的调查“有损公众信任”,“非常令人担忧,因为这意味着此次审查可能不会像过去那样全面或独立,联邦官员可能不会为其行为承担责任”。

FBI not conducting civil rights investigation into ICE shooting in Maine despite questions about use of force, sources say

2026-08-04T15:45:10-0400 / CBS News

The FBI is not conducting a civil rights investigation into the shooting death of a Colombian man in Maine who was killed by a federal immigration officer in July, several sources told CBS News, though the shooting took place under circumstances that have raised questions about the use of force.

The deadly encounter between an ICE officer and Johan Sebastián Durán Guerrero on July 13 in Biddeford, Maine, is the latest in a growing string of clashes between civilians and ICE agents as they carry out immigration enforcement surges across the country.

Other shootings involving federal immigration officers that have garnered national attention include the killings of Renee Good and Alex Pretti in Minneapolis, and the shooting death of Lorenzo Salgado Araujo in Houston.

In the Maine incident, the Department of Homeland Security has said that the agent discharged his weapon because he feared for “public safety” after Guerrero allegedly tried to flee in his vehicle from the officers.

The shooting was captured on surveillance videos in the Biddeford neighborhood, and a witness told CBS News he heard Guerrero say “I tried to stop” as he was pulled from the car.

Border czar Tom Homan has also since publicly acknowledged the agent may not have been properly vetted, after the Associated Press revealed his identity and reported he has a history of abusive and violent behavior.

Given the high-profile nature of the shooting, which was widely covered by news outlets, and the questions surrounding the officer’s decision to open fire multiple times, civil rights legal experts say the FBI and the Civil Rights Division would usually take the lead on conducting a criminal civil rights investigation in a case like this one.

“I would expect that if things were operating as they traditionally have, that this would be a case where the FBI would be investigating,” said Sam Trepel, a former federal civil rights prosecutor who is now the Rule of Law Program Director at States United Democracy Center.

“The FBI is the federal agency that has the most experience and the most expertise in investigating potential civil rights violations, which would include deadly shootings by federal agents.”

A spokesperson for the FBI Boston field office, which has jurisdiction over criminal investigations in Maine, referred all questions to the DHS inspector general’s office and the Maine attorney general’s office.

When the shooting occurred, the FBI initially responded to the scene to investigate it as a possible assault on a federal officer case. Lawmakers at the time, including Senators Susan Collins and Angus King of Maine, issued statements saying they understood the FBI was investigating and urged the bureau to cooperate with state and local authorities.

But in a statement to CBS News, a Justice Department official clarified that since then, the DHS Office of the Inspector General and the Maine attorney general’s office are leading the investigation.

“Per any officer-involved-shooting, DHS IG took the lead, and FBI would offer assistance,” the official said.

“Should evidence present itself during the course of an investigation, DOJ will evaluate and act accordingly. The U.S. takes seriously any referral of a civil rights violation, and we will work with law enforcement and OIGs to properly and fully review credible allegations of violations of civil rights law,” the official added.

A spokesperson for the Maine attorney general’s office declined to comment, saying the office had no information about investigations by other agencies.

The Maine state attorney general’s office, which is also investigating the shooting, interviewed Guerrero’s partner and the mother of their young daughter, Karolina Rojas Alvarez, about a week after the July 13 incident, according to her attorney Ben Gideon.

He added that no one from the FBI, DHS or any other federal government agency has contacted him or his client to date. “I’m not aware of the FBI or any federal agency having boots on the ground in Maine to conduct any investigation into this matter whatsoever,” he added.

According to DHS, Guerrero was not the intended target of the operation, though his vehicle had four visible bullet holes in the driver’s side of the windshield.

Law enforcement sources confirmed to CBS News that ICE officers were not wearing body cameras at the time of his death, and subsequently, ICE required at least one activated body camera during vehicle stops. DHS’ public explanation does not specify exactly whom the officer believed Guerrero was endangering or how.

A DHS OIG spokesperson declined to confirm the existence of an investigation, but said investigating DHS officer-involved shootings is part of its normal practice.

“DHS OIG routinely reviews allegations involving DHS employees or contractors who, while acting under color of their official authority, are alleged to have deprived an individual of any Constitutional right or liberty,” a spokesperson said.

A spokesperson for DHS referred all questions about the investigation to the FBI.

It is customary for the DHS inspector general’s office to review use of force cases involving agency personnel. It has the authority to conduct both criminal and administrative investigations and it can make referrals to U.S. attorney offices.

Recently, it helped investigate a criminal case in the Western District of Texas against a Customs and Border Protection agent indicted in July for allegedly using unreasonable force when he put someone into a choke hold during an August 2021 incident.

But that case was also investigated by the FBI, in addition to the inspector general’s office and the CBP Office of Professional Responsibility.

This is not the first time the FBI has been absent from investigating a high-profile ICE related shooting that has raised questions about whether the victims’ civil rights were violated.

After Renee Good was shot and killed by ICE officer Jonathan Ross in January, the Civil Rights Division was ordered to stand down from assigning prosecutors to help investigate.

The FBI, meanwhile, was ordered to treat the investigation as an assault on a federal officer case, rather than a civil rights case, prompting local prosecutors and an FBI official to resign in protest.

That same month, two CBP officers shot and killed Alex Pretti. Initially, DHS took the lead in investigating the case, as then-DHS Secretary Kristi Noem publicly accused Pretti of “domestic terrorism.”

After a public outcry, Acting Attorney General Todd Blanche agreed to open a criminal civil rights inquiry into Pretti’s death. That investigation remains ongoing.

The FBI doesn’t investigate every officer-involved shooting, but has historically become involved in cases where the shooting results in death and the incident receives national attention.

Under the Justice Department manual, the ICE shooting case in Maine would likely be deemed to be a matter in the national public interest because it involves allegations of a color-of-law violation — one that involves a government official acting in an official capacity — that resulted in death.

Such a designation typically leads the Civil Rights Division’s criminal section to take a more direct role in managing the case and coordinating with the local U.S. attorney’s office. In such cases, the FBI typically conducts the investigation, and the bureau has squads that are specialized to handle civil rights criminal cases.

Although such investigations often do not necessarily lead to criminal charges, the threshold for opening a case is relatively low.

“In any universe that I ever operated in before now, something that is this high of a profile where there is a clear public concern around what happened, the Civil Rights Division and the FBI would be the lead of it,” said Kristy Parker, a former deputy chief in the Civil Rights criminal section who is now counsel at Protect Democracy, a nonprofit anti-authoritarian group.

The Civil Rights Division’s criminal section has handled some of the nation’s most high-profile color-of-law cases involving excessive force by police.

Those include the killing of George Floyd by Minneapolis Police officers and the prosecution of the Louisville Police officers involved in Breonna Taylor’s shooting death.

Trepel said the FBI’s absence from the investigation in Maine is “detrimental to public trust” and “very concerning because it says that maybe this review will not be as comprehensive or independent as it has been in the past, and that federal officers won’t be held accountable for their actions.”

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