A federal judge dismissed a lawsuit Tuesday against the U.S. government that accused Border Patrol agents of using excessive force when they shot a Taser into a man’s car, igniting an explosion that killed him.
U.S. District Court Judge Larry Alan Burns ruled Tuesday that law enforcement acted reasonably on March 15, 2012, the day Alex Martin, 25, died.
Just after midnight, a Border Patrol agent spotted a car driving the wrong way on Interstate 8 in Pine Valley. Suspecting the driver was a smuggler or driving under the influence, the agent pursued the vehicle and watched as it made a U-turn to head in the correct direction.
In their lawsuit, Martin’s family says it may not have been Martin who was driving the wrong way, for the agent briefly lost track of the vehicle.
According to the judge’s ruling, the agent in an unmarked patrol car later came upon Martin’s car pulled over on the side of the freeway, so he turned off his lights, followed Martin and watched as the driver ran a stop sign at the Pine Valley exit before starting to get back on the freeway.
At that point, two other Border Patrol units, including a marked vehicle, converged on Martin. They turned on their emergency lights and forced him to pull over. An agent ordered him to get out of the car, and all three agents soon had their guns pointed at him.
The Martin family claims the officials did not clearly identify themselves as law enforcement, which caused Martin to become afraid and drive quickly from the scene.
Judge Burns wrote in his ruling that “even if the agents did not display badges or verbally identify themselves as law enforcement, the lights and marked vehicle would have made it clear.”
Martin led agents on a chase on side streets and a narrow, two-lane highway. According to dashcam footage from a Border Patrol vehicle, Martin crossed double yellow lines into oncoming traffic, nearly collided head-on with a car and accelerated through blind curves.
Even as he approached a Border Patrol checkpoint, the driver refused to slow down. Agents threw out spike strips to stop him, and shortly past the checkpoint, agents forced Martin off the road.
The dashcam video shows an agent rush up to Martin’s car and try the passenger door, which was locked. Agents ordered Martin to show his hands and get out of the car, and while he initially complied by holding up his hands, he soon moved his hands to the car’s center console, “as if looking for something there,” court documents say.
According to Martin’s family, he may have been confused about agents’ contradictory orders. Agents took it as a sign he was not following their commands.
In response, an agent grabbed his flashlight, broke the front passenger window and almost immediately fired his Taser at Martin. Suddenly, flames erupted from car, tossing the agent back and killing Martin.
In their lawsuit, the slain driver’s family asserts that agents used excessive force in the events that led to Martin’s death. But Judge Burns ruled that after the agents saw Martin’s reckless driving and attempt to evade authorities, they had a right to assume he posed a hazard to the public and to themselves.
“Defendants’ use of some unmarked vehicles and failure to display badges or identify themselves as clearly as they might does play a part in this analysis, but it pales in comparison to Martin’s culpability,” the judge wrote.
The Martin family’s attorney Gene Iredale believes gasoline spilled inside the car. When the Border Patrol agent fired his Taser, it sparked the fumes and created an explosion. Iredale argues that the agent should have smelled the fumes and avoided using the Taser. Because did not, he violated Martin’s Fourth Amendment rights.
However, Burns said the agent would not have had time to check for flammables before using the weapon.
“Clearly, none of [the agents] were expecting the Taser to cause an explosion,” Burns wrote. “The Fourth Amendment can only be violated by the intentional use of force.” He said there is no evidence the fire was intentional or even negligent.
Therefore, the judge decided to dismiss all nine claims. Iredale has already filed a notice of appeal on behalf of the Martin family.
Before his death, Martin had been driving in a rental car for 22 hours on his way to San Diego from Texas. His family says he may have gotten turned around and needed directions back to the freeway.
Border Patrol argued that his behavior was unusual. They pointed to a case two months earlier, when Martin pleaded no contest to a charge of driving while intoxicated with an open container in the car. In that incident, he had fled from police and had a gun in his car, officials say.
Martin could not drive a vehicle unless it was equipped with a breathalyzer, according to Border Patrol, but the vehicle he rented in Texas did not have one. Burns determined that why Martin was on the freeway on March 15 did not have any bearing on this case.