A man who was shot by a U.S. Customs and Border Protection supervisor while allegedly wielding a screwdriver as a weapon last week at the Otay Mesa Port of Entry has been charged with assault on a federal officer.
Ramiro Montalvo Jr., a U.S. citizen, was scheduled to make an initial appearance on the single felony charge Monday in federal court in San Diego. Montalvo’s court-appointed attorney did not immediately respond to a request for comment.
CBP Officer Alan Palmer shot and wounded Montalvo on Wednesday when he allegedly “moved toward Officer Palmer with a screwdriver in hand in a stabbing position,” according to a criminal complaint written by a special agent from Homeland Security Investigations.
The San Diego Police Department is investigating the shooting, which occurred a little after 10 a.m. in the commercial crossing lanes, according to the complaint. That’s where Montalvo allegedly walked across the border without authorization.
Palmer, who 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 trespassing,” according to the criminal complaint. Palmer then got out of his vehicle and made contact with Montalvo as he walked further into the commercial inspection facility.
“Montalvo then moved toward Officer Palmer with a screwdriver in hand,” the complaint alleges. “Officer Palmer gave commands to Montalvo while moving backwards and creating distance. Montalvo proceeded to move toward Officer Palmer at a quicker pace, while holding the screwdriver as a deadly weapon, to wit, above his shoulder in a stabbing position and directed toward the officer.”
Palmer fired at Montalvo, striking him at least once and dropping him to the ground, according to the complaint. San Diego police said last week that the officer fired multiple times and struck the man in the arms.
CBP officers then handcuffed Montalvo and provided medical care until medics took him to a San Diego hospital with non-life-threatening injuries, according to the complaint. Nobody 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 shut down the commercial lanes at the busiest commercial port in California for about 2½ hours. The closure did not affect other vehicle and pedestrian border crossing lanes.
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