Estimated read time: 5-6 minutes
MILLCREEK — A recent traffic stop by Immigration and Customs Enforcement agents in Salt Lake County is under scrutiny after local police say they were given inaccurate information by the federal officers.
On Jan. 26, 20-year-old Brandon Colin, an American citizen with Mexican heritage, was leaving his job at Walmart, 4627 S. 900 East, when he noticed a woman being detained by ICE agents across the street from the store. As Colin made a left turn out of the parking lot, he passed the agents in the lane closest to the shoulder and honked at them. That prompted the ICE agents to get in their unmarked vehicles and go after Colin. He was pulled over on 900 East near 4900 South.
"This gentleman right here decided to try and sideswipe us, (my partner) actually had to pull me out of the way," one of the agents tells a Unified police officer who was called to the scene, according to the officer's body camera video.
"I thought his mirror was going to touch us for a moment," another ICE agent says.
After he was pulled over, Colin says the agent "asked if I was a U.S. citizen and if I had any weapons, I said no; everything was happening so fast. He opened my car door and went crazy when he saw my box cutter. He told me to keep my hands on the steering wheel, again, with the gun aimed in my face," he posted on his Facebook page on Jan. 26 while noting he uses the box cutter at work.
Both Unified and Murray police officers responded to the scene after being called by ICE. But almost immediately, body camera videos show the officers seem confused about what is going on. One officer questions why Colin isn't in handcuffs if he allegedly just tried to hit a police officer. A Murray officer then places handcuffs on Colin.
"However, when UPD officers sought clarification on the charges, they were unable to obtain a clear response from ICE agents. During these interactions, the individual had been placed in handcuffs and UPD officers voiced concerns and recommended the immediate removal of the restraints," according to a statement released Tuesday from Unified police.
Body camera video shows, at one point, while police are talking to Colin, one of the federal agents inserts, "He told me he doesn't like it because he doesn't like ICE."
"I don't. It's not a crime," Colin replies.
"During the interaction, the driver, who appeared emotional, expressed distress over alleged threats made by the ICE agents. He admitted to yelling and honking at the agents but denied swerving towards them," Unified police stated.
The ICE agents tell the local officers, "We're hoping you guys will do something." Unified police explained that because they did not witness what happened, they would need the agents to fill out witness statements in order to arrest Colin. However, "two of the three agents declined to provide written statements. The agents then suggested, instead of filing charges, issuing a citation for failure to yield to an emergency vehicle," according to Unified police.
As two Unified officers sit in a patrol car writing a citation for failure to yield to an emergency vehicle, the officers are heard discussing on video that they don't agree with what's happening.
"I feel horrible doing this," one officer states.
As the officers hand the citation to Colin, one officer tells him, "Sorry man, this is a nothing deal for us and we're sorry this is happening to you."
The next day, Unified police went back to the area where the alleged incident occurred and collected surveillance video from a nearby business.
Surveillance video where the alleged incident occurred from a nearby business in Millcreek on Jan. 26. Credit: Unified police.
"The footage did not show the driver swerving toward the ICE agents. As a result of this review, UPD dismissed the citation issued to the driver. UPD command staff subsequently contacted ICE officials to express concerns regarding the inaccuracies and inconsistencies in their agents' statements."
Two days after the traffic stop, Millcreek Mayor Jeff Silvestrini sent a letter to the head of the Salt Lake field office of U.S. Immigration and Customs Enforcement.
"As mayor of Millcreek, I support legitimate efforts of the officers of your agency to locate and deport violent criminals and felons in our country who are without documentation or status. However, I draw the line when such efforts violate the civil rights of American citizens, cause disruption of lawful commerce, or unnecessarily consume resources of my city," Silvestrini stated in his letter.
"I am concerned that several ICE officers apparently overstepped, demonstrated unprofessional and perhaps criminal conduct and trampled the rights of an American citizen employed in my city. I request an inquiry into this incident, and, if warranted, consequences for your officers, to perhaps include criminal charges for providing a false report of information to my police officers," he continued. "Their conduct appears to have been unwarranted and excessive, according to my officers on the scene. Second, it appears that the information your officers provided to my cops concerning an attempted assault or sideswiping of their vehicle was demonstrably false based upon available video evidence."
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The mayor said it was "telling" that two agents declined to sign witness statements. He added the incident "sapped" resources from his city and Murray, "for an event which appears to have been nothing more than your officers having 'thin skin' in the face of a citizen's exercise of his right to free speech. While such disrespect for law enforcement is regrettable, professional officers shrug off such bad behavior."
ICE responded with a prepared statement on Jan. 28.
"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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