SAN DIEGO (KGTV) — A Border Patrol Agent pleaded not guilty Monday to two charges in connection with a 2022 shooting in Calexico.
Agent Marco Andrade appeared in federal court in San Diego with his attorney.
A federal indictment revealed Andrade was previously disciplined for firing his gun twice before, in 2012 and 2017. He was indicted last week by a grand jury, almost four years after the Calexico shooting.
According to the indictment, Andrade was trying to pull over a minivan he suspected of smuggling undocumented immigrants. The indictment states the driver, then 19-year-old Anthony Flores, was unarmed and not engaged in smuggling activity.
Flores failed to pull over and got stuck in traffic. Andrade is accused of pulling up next to the minivan, getting out, and firing eight shots.
"He yelled the word 'stop' while simultaneously pulling the trigger in broad daylight," said attorney Marcus S. Bourassa, one of the attorneys representing Flores.
Flores survived the shooting. His attorneys provided pictures from the day of the incident.
"He has a permanent disability on one of his hands, because of a gunshot wound; he’ll have permanent scars from gunshot wounds," an attorney representing Flores said.
Andrade appeared in federal court with his attorney for his arraignment. During the hearing, it was revealed that Andrade was still working as a Border Patrol agent until Friday. He is now on administrative leave.
Andrade faces two counts in connection with the shooting: deprivation of rights under color of law, and use and discharge of a firearm during and in relation to a crime of violence.
A separate civil case is pending against Andrade for the shooting, which happened under the watch of then-El Centro Sector Chief Greg Bovino. Bovino later became the face of President Trump’s immigration crackdown.
"[Andrade] was not relieved of duty and was allowed to continue carrying a badge and a gun in our community under Chief Bovino's watch," attorney Timothy A. Scott said.
The judge released Andrade on a signature bond. He is due back in court in May.
ABC 10News reached out to Border Patrol and the Department of Homeland Security for comment about the indictment and did not hear back. We also tried to speak with Andrade and his attorney after the hearing, but they both declined to comment.
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