San Bernardino Man Says Masked Federal Agents Shot at Family Aug. 16; DHS Claims Self-Defense

Martin Rascon of San Bernardino gave his first public statements about the Aug. 16 shooting at his family by federal agents in front of a panel of Democratic senators and representatives at a public forum in Washington D.C. yesterday.

Rascon was in his brother-in-laws’ pick up truck, with his father-in-law Francisco Longoria, when federal agents surrounded the truck, smashed a window, and fired shots. 

“It felt like we were about to be attacked for no apparent reason, by no law enforcement that was legit. It just seemed like masked individuals. Once they had broken the windows and my father-in-law bravely drove away, and the shots fired into the vehicle, I just thought that one of us would have been killed. I am thankful that we were all OK. And I’m sorry for the victims (of federal shootings) who didn’t survive,” Rascon said.

The forum was hosted by Rep. Robert Garcia (D-Long Beach), the top Democrat of the House Oversight Committee, and Sen. Richard Blumenthal (D-Conn.), of the Senate Permanent Subcommittee on Investigations. 

Also speaking were two brothers of Renee Good, who was shot and killed by ICE agents last month, and Marimar Martinez of Chicago and Aliya Rahman of Minneapolis, both victims of federal attacks. 

The Department of Homeland Security said that the stop was targeted, and that Longoria drove directly at the officers, hitting and injuring two of them. “In response to this violent act, a CBP officer was forced to discharge his firearm in self-defense,” the DHS wrote.

Rascon, a forklift operator with a commercial driving license and a dental assisting certification, said that he was trying to sleep in when Longoria took him on an errand with Rascon’s brother-in-law, Jonathan. Rascon was sitting in the back, on the passenger side. When they were two minutes away from returning home, two unmarked trucks stopped their car. Rascon, who was on his phone, thought at first that there was a traffic jam. 

“To my surprise, I was instead met with four men, with four men in face masks, sunglasses and baseball caps and guns drawn pointing straight at us, walking towards our car. These four men then tried forcing their way into our car when pulling on the handles, pounding on the windows and yelling at us to roll down the windows, all while failing to answer our repeated request for their identification and what they wanted. I did not know who these men were. They were refusing to identify themselves. The only thing I felt I could do, I could control was capturing this event by recording it on my cell phone,” said Rascon. 

Longoria drove away through a clear path, and an agent fired shots, Rascon said.

“I will never forget the fear and having to quickly duck my head as the shots were fired at the car, any one of those bullets could have killed me or two people that I loved,” said Rascon.

After making it home safe, the family called 911. Responding officers allowed the federal agents who shot at them to entire their home, Rascon said. They were there for three hours, but did not identify who they were looking for. Rascon said the agents incorrectly identified him as the driver, and denied having taken shots.

After the officers left, two federal agents came to the house. The Homeland Security Investigations (HSI) officer asked, “Is he here?” but did not identify who “he” was, Rascon said. When told that the family was waiting for the FBI, the agent said, “For all intents and purposes, we are the FBI,” Rascon said.

Twenty HSI and ICE agents gathered in front of the home, along with 30 police officers. They shut down the street. 

Two weeks later, at 4 a.m., armed men entered their San Bernardino home with night vision goggles and bright green laser beams. They broke open the front door, and pointed their rifle at Rascon’s pregnant wife. They took Longoria, and charged him with assault of a federal officer. He was held in immigration custody for three months. The charge was dropped at its first hearing in front of a judge.

“Months later, Francisco was released on bond and able to witness the birth of his first grandchild, my daughter. Yet our fight for justice is not over. We will carry this incident with us forever,” said Rascon. 

Rep. Pete Aguilar (D-Redlands), who represents Rascon, called for a full investigation the day after the shooting. “It is shocking and inexcusable for immigration authorities to open fire on unarmed civilians,” Aguilar wrote. On Jan. 28, Aguilar called for Department of Homeland Security Secretary Kristi Noem’s impeachment. Attorneys for The Justice Team, a lawyers’ group that represents Longoria and Rascon, called for an investigation immediately following the shooting.

This article was originally published by CalMatters.