A man who pointed a loaded gun at a U.S. Border Patrol agent in Otay Mesa has been sentenced to 11 years and nine months in federal prison.
Hector Rodriguez-Chavez, 62, was in a remote part of Otay Mesa in November 2018, when he encountered Border Patrol agents. He pointed a loaded semi-automatic pistol at one agent, who told the judge he made a split-second decision to grab it and wrestle it out of his hands.
U.S. District Court Judge Gonzalo Curiel imposed the 141-sentence last month and added another two years for Rodriguez-Chavez for violating terms of a supervised release from a 2014 conviction for illegal entry of a deported alien.
“Few law enforcement officers place their life on the line to the extent that Border Patrol agents do,” said Curiel.
Curiel noted that one purpose of a sentence was to promote respect for the law. He said Border Patrol agents work in remote areas and several agents assisted the officer who had a gun pointed at him.
“This sentence is a fitting reminder that the safety of our courageous agents, who put their lives on the line every day to protect our country, is of paramount importance to our office and to the community,” said U.S. Attorney Robert Brewer in a press release.
“I’m pleased by this sentence,” said Chief Patrol Agent Aaron Heitke. “Any day that our agents go home safe is a good day.”
“Border Patrol agents risk their lives every day protecting America and the agent’s quick thinking in this case prevented any bloodshed,” said Heitke.
Rodriguez-Chavez pleaded guilty to assault on a federal officer with a deadly weapon and brandishing a firearm during a crime of violence. He could have received a life sentence.
The minimum sentence was seven years.
His family sent letters to the judge asking for mercy, saying he is a father of seven and he has leukemia. He is from Guadalajara, Mexico. He was previously deported in 1996, 1998, 2009, 2013, and 2017, according to court records.
As of Wednesday, Rodriguez-Chavez was still housed at the Metropolitan Correctional Center and has not been transferred yet to another facility.
