Unified police say ICE agents made inaccurate claims about driver swerving toward them

MILLCREEK — A Utah police agency said U.S. Immigration and Customs Enforcement agents made false claims about a driver swerving toward them during a traffic stop last week.

According to Unified and Murray police, on Jan. 26, officers from both departments responded to a traffic stop called in by ICE at approximately 4900 S. 900 East.

Murray police said the ICE agents indicated that no one was injured but needed officers to expedite to their location.

“Upon arrival, UPD officers were informed by ICE agents that the driver in question had allegedly swerved toward them with his vehicle,” UPD said in a statement. “However, when UPD officers sought clarification on the charges, they were unable to obtain a clear response from ICE agents.”

In body camera footage of UPD officers, ICE agents allege that the driver, 20-year-old Brandon Colin, nearly hit them and had to be pulled away from the street.

“He came at us, and he honked,” one ICE agent told a UPD officer. “So we had to, like, get out of the way. And like I thought his mirror was going to touch us for a moment.”

‘A little honk’

Colin had a different version of events.

He told KSL TV that the honking at ICE agents was instinctual. He thought he saw them taking a woman into custody.

“I honked because I — they’re people I don’t respect,” he said. “I want to be there for my people.”

Shortly after he passed the ICE vehicle, he heard sirens. He said he was stopped, and an ICE agent “had, like, his gun on my face, asking where I was born, if I’m a U.S. citizen.”

Colin said ICE agents accused him of trying to run them off the road and trying to harm them, so he asked for another officer to come to the scene.

The body camera video shows an ICE agent talking to a Murray police officer about what they believed was a weapon in Colin’s car.

“He goes to open my door and he sees that I have my box cutter there that I use for work, and he goes absolutely crazy,” Colin explained.

Colin said the federal agents asked him again whether he was a U.S. citizen.

“Once Millcreek/Unified got there, they came to check on me, and asked me what happened,” he said.

Colin Handcuffed

Colin said while a UPD officer was running his information, a Murray police officer handcuffed him.

“‘We just need to figure a couple things out.’ I’m like, ‘figure what out?'” Colin recalled.

Murray police said they handcuffed him since they believed the incident happened in their jurisdiction.

“Within minutes of the subject being detained by Murray Police, UPD informed Murray Officers that the incident began at a location within the jurisdiction of the Unified Police Department,” Murray police said in a statement.

UPD officers expressed concern about the driver’s treatment and removed the handcuffs from the driver. Murray police officers stayed on the scene while ICE and UPD interacted with the driver.

“During the interaction, the driver, who appeared emotional, expressed distress over alleged threats made by the ICE agents,” UPD said. “He admitted to yelling and honking at the agents but denied swerving toward them.”

In the footage, Colin gave his side of events in front of police and ICE.

“He told me he doesn’t like it cuz he doesn’t like ICE,” an ICE agent said.

“I don’t. It’s not a crime,” Colin responded.

Issuing a Citation

Colin said a UPD officer helped him calm down. The footage shows the officer who issued him a traffic citation told another officer the situation was “ridiculous,” that he felt “horrible,” and that Colin should not have been handcuffed.

UPD said ICE agents requested officers to cite the driver, but UPD officers stated they did not witness the incident and the agents would need to sign as complaints and testify in court.

“While officers gathered statements from the ICE agents, two of the three agents declined to provide written statements,” UPD stated. “The agents then suggested instead of filing charges, issuing a citation for failure to yield to an emergency vehicle.”

“Sorry, man,” the UPD officer told Colin before he drove away. “This is a nothing deal for us. We’re sorry this is happening to you.”

Colin said he wanted to share his story publicly to show people how he was treated.

“I was a U.S. citizen, and they tried to detain me,” he said. “All because I didn’t agree with what they wanted me to agree with. It just hits very close to home, considering I’m a Mexican Chicano.”

UPD officers issued a citation for failure to yield to an emergency vehicle and let the driver leave.

Reviewing Security Footage

The next day, UPD said officers obtained and reviewed surveillance footage from a nearby business to verify the claims made by ICE agents.

“The footage did not show the driver swerving toward the ICE agents,” UPD said. “As a result of this review, UPD dismissed the citation.”

UPD command staff contacted ICE officials about the incident and expressed concerns about the inaccuracies and inconsistencies in the agent statements.

UPD said its department does not enforce immigration laws, but will respond to requests for assistance for public safety.

Millcreek Mayor’s Letter to ICE

On Jan. 28, Millcreek Mayor Jeff Silvestrini sent a letter to ICE representative Jason G. Knight condemning the actions of ICE agents for overstepping their authority and causing a “social media explosion.” 

Silvestrini said he supports the legitimate efforts of ICE to deport violent criminals and felons but “draw the line when such efforts violate the civil rights of American citizens.” 

“I do not know what protocols or policies govern the use of force by your officers. I do know that their conduct in detaining someone at gunpoint for a traffic violation would violate the policies of my police department,” Silvestrini said in the letter.

Silvestrini said it was “telling that two of your three officers declined to sign witness statements and somewhat backed off of their story at the scene.”

He also said that the third officer who did sign a statement might have committed a class-B misdemeanor of providing false information to a law enforcement officer.

“I understand that Unified Police have furnished you the video I saw, which shows a vehicle driving by but no swerving or contact with your officers’ vehicles, contrary to what they reported to Millcreek Unified Police,” Silvestrini said.

ICE response

On Monday, an ICE spokesperson sent a statement in response to both police departments encounter with its agents:

U.S. Immigration and Customs Enforcement stresses integrity and ethical behavior, and the vast majority of ICE employees perform their duties with professionalism and honor. ICE takes very seriously all allegations of employee misconduct. Any allegations of misconduct are investigated by the appropriate agencies, and any employee who has committed provable misconduct, will be held accountable. ICE takes swift and appropriate action to investigate and cooperate with outside law enforcement agencies when allegations of criminal conduct by an employee are suspected or alleged. ICE is unable to comment any further.

 

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This is a developing story and will be updated.