Man shot by CBP officer in Otay Mesa charged with assault

A man who was shot by a U.S. Customs and Border Protection supervisor at the Otay Mesa border crossing last week while allegedly carrying a screwdriver as a weapon has been charged with assault on a federal officer.

U.S. citizen Ramiro Montalvo Jr. was scheduled to appear in federal court in San Diego on Monday to face a single felony charge. Montalvo’s public defender did not immediately respond to a request for comment.

CBP Officer Alan Palmer shot and wounded Montalvo on Wednesday as he allegedly “walked toward Officer Palmer in a stabbing stance with a screwdriver in his hand,” according to a criminal complaint written by a special agent with Homeland Security Investigations.

San Diego police are investigating the shooting, which the complaint says occurred shortly after 10 a.m. at the border crossing, where Montalvo is said to have crossed the border without authorization.

Palmer, whom San Diego police described last week as a supervisory officer with 22 years of experience, drove to the “commercial vehicle exit lane to confront Montalvo and prevent him from entering the premises,” according to the indictment. Palmer then exited his vehicle and made contact with Montalvo as he continued into the commercial inspection facility.

“Montalvo then walked toward Officer Palmer with a screwdriver in his hand,” the complaint states. “Officer Palmer gave Montalvo commands while backing up and gaining distance. Montalvo then walked toward Officer Palmer at a faster pace while holding the screwdriver as a deadly weapon, namely over his shoulder in a stabbing stance and pointed at the officer.”

Palmer shot at Montalvo, hitting him at least once and knocking him to the ground, the complaint says. San Diego police said last week the officer fired multiple shots, hitting the man in the arms.

According to the complaint, CBP officers then handcuffed Montalvo and provided medical attention until paramedics took him to a San Diego hospital with non-life-threatening injuries. No one else was injured by the gunfire, which police said struck a CBP truck.

Homeland Security Investigations, which like CBP is part of the Department of Homeland Security, is investigating Montalvo’s actions. San Diego police are investigating the shooting, which closed commercial lanes at California’s busiest commercial port for about 2.5 hours. The closure did not affect other border crossing lanes for vehicles or pedestrians.

Originally published: September 23, 2024 at 5:26 pm