Durango prosecutors have filed criminal charges against a U.S. Customs and Border Protection officer suspected of taking a woman’s cellphone, grabbing her by the hair and throwing her to the ground during an immigration protest in October.
Nicholas Rice, 47, who is stationed in the Pacific Northwest, has been charged with third-degree assault, a misdemeanor, and criminal mischief, a petty offense.
Sixth Judicial District Attorney Sean Murray said he filed the charges Tuesday after reviewing a “thorough investigation” conducted by the Colorado Bureau of Investigation.
Murray declined to share details of the investigation, including whether Rice was cooperative.
“I can say the federal government has been cooperative,” he said. “They were responsive to records requests.”
It is unusual for local law enforcement or state prosecutors to charge federal officers for actions taken during the course of their duties.
That may be changing.
Last week, Minnesota prosecutors charged a federal immigration officer with assault in connection with a road-rage incident in which a U.S. Immigration and Customs Enforcement officer allegedly drove on the shoulder of a crowded state highway and pointed his weapon at two people in another car, according to USA Today.
Murray acknowledged the rarity of such cases but said the evidence supports the charges.
“Fundamentally, my job is to decide if I believe there’s probable cause that a criminal law violation has occurred, and to enforce the criminal code without fear or favor,” he said.
He added that Rice is presumed innocent unless and until proven guilty.
Rice, who is stationed in Portland, Oregon, is scheduled to appear at 8:30 a.m. May 27 in La Plata County Court. He will be served with a summons, meaning he does not face arrest.
Customs and Border Protection did not respond to a request for comment.
The prosecution of a federal officer is unlikely to follow normal procedures. A federal court will likely determine whether the officer has Supremacy Clause immunity – or in other words, whether he acted under federal authority, was on duty and used force reasonably and necessarily
If the judge grants immunity, it will prevent prosecutors from moving forward. But if the judge denies that claim, state prosecutors will be allowed to proceed in federal court while litigating Colorado law.
The alleged assault occurred early Oct. 28 outside the ICE field office in Durango.
Several dozen protesters demonstrated for more than 24 hours outside the facility. Some linked arms and sat on the ground to block agents from leaving. A cable lock was also placed on the driveway gate.
Protesters were attempting to prevent agents from leaving with a father and his two children who were arrested the previous day on suspicion of immigration violations.
In the early morning, masked agents in military-style fatigues exited the facility and confronted protesters.
Protester Franci Stagi was recording video when Rice allegedly snatched her phone, threw it across the street, grabbed her by the hair and threw her down a grassy embankment.
Rice is charged with assault for grabbing her hair and throwing her down an embankment, and criminal mischief for damaging her phone.
Stagi did not respond to a request for comment.
Later that day, agents used physical force, pepper spray and rubber bullets to disperse the crowd.
shane@durangoherald.com
