East County, TX - An illegal alien who sent a U.S. Border Patrol agent to the hospital with a concussion is not being prosecuted for the assault.
An illegal alien driving a 2009 Infinity G-35 sedan approached the checkpoint, did two U-turns and then approached the checkpoint at speeds of up to 70 mph.
At the last minute, the suspect swerved out of the lanes of vehicles waiting to be inspected, and struck a steel road sign. Parts of the sign flew off and struck a Border Patrol agent working nearby.
The agent, who was not identified, was transported to a hospital, where he was treated for a concussion and later released.
The illegal alien was charged with human smuggling. Supervisory Border Patrol Agent Michael J. Scappechio confirmed with Breitbart Texas on Thursday that the illegal alien was not being charged with the assault on the agent.
Border Patrol Agent Brandon Judd, National Border Patrol Council president, told Breitbart Texas:
"Border Patrol Agents put their lives on the line daily to protect our country from those who break our laws and cross our borders illegally...This pathetic decision by the US Attorney’s office proves there is obviously a lot of work left to do.
"If we expect people to obey the rule of law, there must be consequences when laws are broken. I can’t state with more emphasis that the failure to prosecute this criminal for attempting to cause serious bodily harm or death to my agent – a civil servant to the citizens of this nation – is despicable and completely unacceptable.
"The men and women of the US Border Patrol call on Attorney General Jeff Sessions to immediately fire the person who made this decision. We must hold criminals accountable and we must hold the US Attorney’s office accountable for allowing these criminals to escape prosecution for their crimes against the United States...”
In April, Attorney General Jeff Sessions' gave a speech where he promised Customs and Border Protection agents that he would make prosecution of assaults against them "a top priority."
In that speech, AG Sessions also said that he would have "the agents' back."
"Finally, and perhaps most importantly: I have directed that all 94 U.S. Attorneys Offices make the prosecution of assault on a federal law enforcement officer — that’s all of you — a top priority. If someone dares to assault one of our folks in the line of duty, they will do federal time for it.”
After his April remarks, AG Sessions followed-up with a memo sent to U.S. Attorneys' offices across the country. Part of that memo read, "Prosecution to the extent practicable cases of assault, resisting, or impeding officers engaged in the performance of their duties in administrative and criminal immigration enforcement."
Assaults against Border Patrol agents have increased 15 percent during fiscal year 2017 over the previous fiscal year.
Border Patrol agents are among the most assaulted officers in the federal government, according to Breitbart. Nearly 700 agents have been assaulted since October 1, 2016. Low rates of prosecution are a contributing factor to the number of assaults.