Border Patrol agent's scuffle with an undocumented immigrant caught on camera

CNN NEWS/KGTV/Cell Phone Video
Monday, January 20, 2014 - 3:11pm

The man who filmed the arrest of an illegal immigrant finds himself in trouble with the law. Jose Guzman says he caught the incident on camera because he felt authorities were going to far. However, authorities arrested him because of his camera work, Allison Ashe has the report.

This is the video that's causing all the ruckus. It shows a Border Patrol agent on top of an undocumented worker as another man holds his feet.

You can clearly see the agent jabbing the man's ribs with his knee and hitting him.

It does not show what the Border Patrol says happened first, the undocumented worker striking the agent several times

Mitra Ebadolahi, ACLU Border Litigation Attorney, "You know it looks like he is not resisting at this point.", said these actions appear to be excessive force, but Border Patrol brass says otherwise.

Pete Vasquez, Border Patrol, "What the video doesn't really show as you're looking at the individual's back, you can't see his hands, what he's really doing with his hands, And he is still actively resisting and trying to get up."

Now a new twist, after Border Patrol agents seized the cell phone video shot by a man who didn't want to be identified and he was arrested for violating his probation.

He was arrested after refusing to help Border Patrol agents locate another undocumented worker who got away.

Erica Garcia, girlfriend, "They asked him to call the guy and ask him where he lives, I think like to kind of set him up, but he didn't want to do that cause it was his coworker and he didn't want to get involved in that. And so they got upset because he wouldn't do it. And so they told him he can go to jail for helping the other guy."

That's where he is now, just 72 hours after shooting this video and giving it to 10 News, his probation officer had him come in for a malfunctioning ankle bracelet, then slipped the cuffs on.

His attorney is demanding answers, saying there's nothing illegal about refusing to help a police investigation.

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