From Unruly to Violent


From Unruly to Violent

According to Agents Ducoing and Krasielwicz, the ride to the border was peaceful. Anastasio was calm and even apologetic about how he had behaved at the Border Patrol station. However, Anastasio’s behavior changed once they arrived at the port of entry, an area called Whiskey 2, and the agents began removing his handcuffs. Ducoing says that Anastasio started moving and pushing both agents. He was asked to calm down but he just kept fighting them. He ‘started shaking and flipping out’, according to Krasielwicz. The agents tried to grab Anastasio to gain control of him but were unsuccessful.

At this point, two Immigration and Customs Enforcement (ICE) agents who were standing nearby intervened. They attempted to help control Anastasio but to no avail. He was too big and strong for all four men. When it became clear that they could not control him, one of the ICE agents pulled out his collapsible baton and hit Anastasio several times. Eventually, a fifth agent intervened and together they were able to bring him down to the ground. While on the ground, Anastasio continued to struggle, fighting and kicking. Several more agents then came to help and they were able to put Anastasio back in handcuffs. Even with handcuffs on, he kicked, screamed, and would not cease moving. Ducoing notes that Anastasio was also banging his head on the ground.

With Anastasio on the ground and in handcuffs, Agent Ducoing made a phone call to Supervisor Finn to relay what had happened. Finn instructed him to take Anastasio back to the Border Patrol station so that charges could be pressed against him. Ducoing then called a caged vehicle unit to transport Anastasio. While they waited for the vehicle, Anastasio continued to struggle and scream, prompting more agents to descend upon the scene. When the vehicle arrived, several agents took hold of Anastasio by his arms and legs and attempted to put him inside. As they were sitting him down into the back of the vehicle, Anastasio arched his back and thrust his head forward, hitting his head hard against a window. Because the officers feared that he would hurt himself, they pulled him back out of the vehicle and laid him down on the ground on his stomach.

While on the ground again, Anastasio struggled and flailed. Agents kept telling him to calm down, but he did not comply. At this point, Customs and Border Patrol Agent Jerry Vales approached the scene telling the other agents that he had a taser and to stand clear. Vales then tased Anastasio. After being tased, he stood up and started moving and yelling. Vales told him to calm down and stop resisting. When he did not comply, Vales tasered Anastasio again. He was tasered three or four times total. After the last tase, Anastasio lost consciousness and did not appear to have a pulse.  He was subsequently transported to a hospital where he died on May, 31, 2010.


‘At this time, [Agent Krasielwicz] and I were standing on either side of AHR. I then started to remove his handcuffs. As I removed the first one, AHR behavior’s [sic] changed, and he became acting odd again. I told him not to move, but he kept saying “just let me go, I want to go home”. I told him the gate was right there, and that he would be able to go home after I took the other handcuff off. However, as soon as I took the second handcuff off, he was like a tornado. Everything went crazy at that point.’

Philip Krasielwicz, Border Patrol Agent

‘At the Port of Entry, the subject became violent when the agents removed the handcuffs. The agents and the subject all fell to the ground during the fight and the agents radioed for assistance.’

San Diego Police Department Official Statement

‘After repeated orders to cease, one of the officers deployed a taser to subdue the individual and maintain officer safety.’

Lloyd Easterling, Director of Media Relations for US Customs and Border Protection

‘He was apparently unhandcuffed by agents to be sent back into Mexico when he became suddenly violent with Customs personnel. Backup units were called for and the decedent was wrestled to the ground. Apparently a baton and Taser were used to gain control of the decedent. He was Tased between 3 and 4 times. He was placed in handcuffs during the altercation and at some point became unresponsive. Agents began resuscitative efforts and the decedent was ultimately transported to Sharp Chula Vista Hospital.’

James P. Buckley, Medical Examiner Investigator (as reported by Detective Sargent David Dolan, San Diego Police Department)

‘They… he was fighting, trying to get up and they were trying to hold him down. They had no… to me it looked like they had no control and from what I could see, the guy was kicking…. When I get there, and they’re struggling with him and I said “I have a taser, I have a taser”…. [T]hey backed off…. Back off. And he started to squirm a little bit on the ground and, from what I recall, he was trying to, like, kick his feet. Kick his feet out and I pulled out my taser and I yelled “taser, taser, taser”….. And I deployed it. Deployed the taser on him and he tensed up. He’s screaming, still kicking, still moving. Didn’t seem to affect him and he went down because my cycle ended. He was still fighting. No officers wanted to get near because he was still, he was still fighting.’ 

Jerry Vales, Customs and Border Protection Officer



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