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Border Patrol has completed probe into May Tasing incident in Waddington; refuses to identify agents involved

Posted 8/13/15

Above are the two agents who appeared in the video with Jessica Cooke, pictured in the middle showing scrapes she received from the encounter. U.S. Customs and Border Protection will not release the …

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Border Patrol has completed probe into May Tasing incident in Waddington; refuses to identify agents involved

Posted

Above are the two agents who appeared in the video with Jessica Cooke, pictured in the middle showing scrapes she received from the encounter. U.S. Customs and Border Protection will not release the names of the agents, citing concerns for their safety.

By JIMMY LAWTON

WADDINGTON -- U.S. Customs and Border Protection says it has completed its investigation of two agents involved in a May “Tasing” incident and will not be releasing their identities due to concerns for their safety.

The news comes months after an incident involving an Ogdensburg woman Jessica Cooke who was shocked and subdued by agents at a CBP immigration checkpoint in Waddington.

Cooke captured the encounter on her smart phone. The video can be seen at https://www.youtube.com/watch?v=_8SZOTY8RSI

In May, Cooke said she was pulled in for a secondary inspection after agents said she appeared nervous at a Waddington immigration checkpoint.

Cooke said she refused a search of her trunk and was asked to wait for a K-9 Unit to arrive. A conversation with the agents escalated and she was eventually tackled and shocked by an “electronic control device,” commonly referred to as a “Taser.” The scuffled ensued after she resisted an agent who had grabbed her when she refused to comply with a request.

The incident was captured on video and went viral, sparking a wide range of public comment both in support and against Cooke’s actions. It also prompted an investigation into the incident.

In a statement provided to North Country This Week Thursday, agency spokeswoman Shelbe Benson-Fuller said CBP has completed its internal investigation of the incident.

The agency’s findings are now being reviewed by the U.S. Department of Justice.

The case will then go in front of the CBP’s Use of Force Review Board to determine if any policies were violated.

Meanwhile, Cooke says she will be filing a lawsuit and has hired New York City attorney Ameer Bennon of Benno Associates. However, no official action has been taken yet.

CBP also refused Thursday to release the names of the two agents who were captured in a video of the incident. Although agent’s names are typically located on their uniform, both agents were wearing protective vests that covered their nametags.

“U.S. Customs and Border Protection (CBP) completed the final investigative report on the ‘Taser’ incident in mid-July and presented it for review to the U.S. Attorney’s Office, Department of Justice (DOJ). Following DOJ review, the case will be presented before CBP’s Use of Force Review Board (UFRB), at which time the UFRB will make the determination on whether the incident was within policy. If the UFRB determines that there was a policy violation or misconduct, then CBP will take all appropriate action,” the statement said.

In regards to requests for the agents’ identities CBP provided the following statement.

“It is CBP policy not to comment on any pending litigation, and the names of the agents will not be released to the general public due to their unique position as law enforcement officers who often confront the most dangerous elements of society, and they may be targeted by those elements based on these encounters.”