A man who authorities say was involved in a human smuggling operation was shot Tuesday in an exchange of gunfire with the US Border Patrol and after firing at a federal helicopter near the US-Mexico border, authorities said. Federal agents were attempting to apprehend the 34-year-old Arizona man during a traffic stop near Arivaca, Arizona, when he fled and shot at a Border Patrol helicopter and at agents, authorities said. FBI special agent Heith Janke said agents returned fire, striking the man and wounding him, the AP reports.
The suspect, Patrick Gary Schlegel, was transported to a hospital and was recovering from surgery Tuesday evening, authorities said. Pima County Sheriff Chris Nanos said during a news conference that he believes the Border Patrol agent involved in the shooting "acted lawfully" based on what is known so far. Prior to the shooting, agents had attempted to stop the same vehicle but the occupants drove away, Nanos said. Later in the morning, a border patrol agent saw the vehicle in the same area and attempted to stop it, but the driver, by then the only occupant, fled on foot. "Shots were fired from the suspect, and the agent returned fire, Nanos said. "The suspect was hit."
Schlegel is in federal custody and is expected to be charged with assault on a federal officer, alien smuggling, and felon in possession of a firearm, Janke said. NBC News reports that federal records show Schlegel pleaded guilty in in 2024 to one count of transportation of illegal aliens for profit and a gun possession count. He was sentenced to 36 months and allegedly escaped last month. According to court records, he left a facility for people pending release to go to alcohol counseling on Dec. 15 and never returned. The Pima County Sheriff's Department said the FBI asked it to lead a use-of-force investigation of the Border Patrol. It noted that such investigations are standard when a federal agency is involved in a shooting in the county.