EL PASO, Texas (KTSM) — A U.S. Customs and Border Protection officer is facing a charge of aggravated assault with a deadly weapon after a road rage incident led to a shooting last month on the Border Highway at the Paisano Drive ramp, according to court documents obtained by KTSM.
Court documents say Hector Luis Zubia, 34, is facing the charge and claims a 19-year-old man started the road rage incident and drove towards him which is what allegedly led to Zubia firing his weapon 11 times.
Court documents say at around 10 p.m. on Sept. 6, Zubia told police that he was driving home after his shift had ended and was leaving the port of entry located at 1000 South El Paso Street. Zubia said that the road rage incident started near the traffic lights at St. Vrain Street and Paisano.
Zubia told police that the 19-year-old struck Zubia’s pickup at least twice, once on the passenger side and once in the rear while traveling on Paisano.
Zubia said he then stopped his vehicle on the Loop 375 East ramp from Paisano, exited his truck, drew his firearm at the victim, and gave him verbal commands to stop, according to court documents.
Zubia said his intentions were to “get him to stop, and then I was going to try to take him into custody because I don’t know what’s going on, why he’s doing this,” according to court documents.
Zubia told police that while pointing his firearm at the victim, the victim reversed his vehicle and drove toward Zubia which is when Zubia opened fire.
After the incident, the 19-year-old was later found along with his vehicle which had damage resulting from the incident.
The victim admitted to police that he did participate in the road rage incident with Zubia. However, he said that the Zubia was the one who instantly cut him off.
The victim also told police that Zubia stopped his truck, which is when the victim hit the truck’s rear.
The victim also told police that he did not hear anything being yelled at him and he only heard the gunshots, which is when he fled.
Detectives then met with a witness, who said that the truck (Zubia) was the aggressor in the incident. The witness also said that she saw the victim reverse and she then heard gunshots.
After physically inspecting both vehicles, police determined that the victim did strike the rear of Zubia’s vehicle. However, the damage on the passenger side of Zubia’s vehicle was caused by his own gunfire.
Evidence also showed that Zubia continued to fire at the victim’s vehicle after the victim passed Zubia.
Court documents also say that Texas law does not authorize “a Customs and Border Protection Officer to take police action or have law enforcement authority outside of the port of entry.”
Zubia was charged with aggravated assault with a deadly weapon with a bond of $250,000.
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