By Kie Relyea
A U.S. Border Patrol agent shot a 39-year-old Everson man in the leg on June 16 near the U.S.-Canada border during an alleged struggle for a gun in the man’s waistband, according to a complaint filed in U.S. District Court in Seattle.
The Everson man, Nathanial A. Muniz-Spry, appeared in the federal court June 17, on a charge of being a felon in possession of a firearm.
Here’s how events unfolded, according to the federal complaint:
- The incident began about 5:14 a.m. on June 16 in Blaine, when Border Patrol dispatch alerted agents that someone was walking south about 50 yards to 75 yards from the border, in a wooded area, near 4th and A streets, according to the complaint. The person was seen on a border surveillance camera.
- “Smuggling and illegal border crossings frequently occur at this location,” the complaint said.
- Muniz-Spry told the agents who responded that he was looking for a spot to go to the bathroom. After questioning, they put him in the back of a patrol car without cuffing him. Dispatch told agents there was an “approach with caution” alert because of a prior incident in which he reportedly brandished a knife at a law enforcement officer.
- Agents alleged that Muniz-Spry put his hands in his sweatshirt pocket multiple times, even after he was told to keep his hands where they could be seen.
- They pulled him out of the car and began to pat him down for a weapon, and an agent reported feeling what was believed to be the handle of a firearm in Muniz-Spry’s waistband area.
- At that point Muniz-Spry pushed back while appearing to reach for this waistband. The agent was able to strip the gun from him but lost his balance. Muniz-Spry ran. A different agent shot him in the leg.
- Agents provided medical aid and called for an ambulance. As they waited, Muniz-Spry reportedly said, “Give me the dignity of have (sic) one last cigarette before going to prison forever.”
The loaded gun taken from Muniz-Spry was a Hi-Point C9 pistol, according to the complaint, which also noted that he has been convicted previously of unlawfully possessing firearms, burglaries, violating a no-contact order, jumping bail and possessing a stolen vehicle in Whatcom and Skagit counties.
The early morning incident closed off a portion of a neighborhood near 4th and A streets as law enforcement responded.
The FBI is investigating the shooting with help from the Blaine Police Department, Whatcom County Sheriff’s Office, Homeland Security Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
