Charges Against CBP Officer Spark Controversy in Colorado

A Colorado district attorney has initiated assault charges against a U.S. Customs and Border Protection (CBP) officer following a confrontation with a protester late last year.

District Attorney Sean P. Murray has charged officer Nicholas Rice with third-degree assault and criminal mischief, tied to an incident at an ICE facility in Durango. The confrontation took place during a protest on October 28, 2022, after the detention of three Colombian asylum-seekers.

Protesters had gathered outside the ICE office, leading to altercations that were recorded and widely shared online. Video shows the masked officer interacting with 57-year-old Franci Stagi, who allegedly filmed him and attempted to get his attention by touching his shoulder.

The footage, confirmed by the Huffington Post, depicts Stagi placing her hand on Rice and subsequently being grabbed and thrown onto an embankment.

Stagi alleged that she was placed in a “chokehold,” which was not corroborated by the video evidence or mentioned in court documentation. However, Stagi reported experiencing ongoing pain from the incident.

The next day, Stagi communicated with a Durango Police officer, prompting an investigation by the Colorado Bureau of Investigation.

The Department of Homeland Security criticized the state charges, labeling them politically motivated. A spokesperson emphasized that federal officers should only be investigated by federal entities: “Federal officers acting in the course of their duties can only be investigated by other Federal agencies.”

CBP has started its own internal review of the incident but has not commented on the state charges or the officer’s current status.

Legal challenges may arise due to the Supremacy Clause, which asserts federal law as the predominant authority, overriding conflicting state legislation. This principle protects federal officers from criminal prosecution for actions taken under their federal duties, provided their conduct is permissible.

Acting Attorney General Todd Blanche stated last year that attempts to arrest federal officers while they perform their official roles would be “illegal and futile,” referencing the Supremacy Clause.

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By Hunter Fielding
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