Court Docs Reveal Past Misconduct for Agent in Fatal Shooting

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    NEWSLETTERS

    The U.S. Border Patrol agent involved in a deadly shooting in a residential area of Chula Vista has a history of job misconduct including allegations he failed to follow proper procedures of arrest as an Imperial County sheriff’s deputy.

    The plainclothes agent shot and killed Valeria "Munique" Alvarado, aka Valeria Tachiquin, while he was checking on potential drug activity near Moss Street and Oaklawn Avenue on Sept. 28.

    Alvarado, 32, hit the agent with her car and carried him on her hood. The agent killed the mother of five because he said he feared for his life.

    As the investigating agency, the Chula Vista Police Department refuses to release the agent’s name because investigators say they fear for the agent’s safety.

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    NBC 7 San Diego has confirmed the agent’s name and found court records detailing a history of misconduct when he worked as a deputy in Imperial County 10 years ago.

    Those records show that between 2001 and 2003 the agent received disciplinary notices from Imperial County. He was asked to resign in 2003 and after doing so filed a wrongful-termination lawsuit in federal court claiming he was the victim of corruption and discrimination within the organization.

    According to court records, the agent was cited for "dishonesty, insubordination, violation of or refusal to obey reasonable regulations, and incompetence. He was also accused of failing to follow "proper procedures of arrest, search, and seizure and treatment of persons in custody."

    Attorney Eugene Iredale said Alvarado was shot nine times in the incident. He recently filed a precursor to a wrongful death suit on behalf of Alvarado’s family.

    "That was a person whom we have found was discharged-- fired -- from another law enforcement agency...for repeated acts of misconduct," Iredale told NBC 7 San Diego on Sunday.

    "It is beyond belief that the border patrol or any other law enforcement agency that did any background investigation would have hired him in the first place," he said.

    A spokesperson for the Chula Vista Police Department says the case is ongoing. Captain Gary Wedge promises no stone will go unturned in an investigation that could take anywhere from two weeks to two months.

    "It varies from investigation to investigation depending on the number of witnesses that need to be interviewed," Wedge said.

    "The crime scene itself was over a pretty lengthy area, the distance the car was driving alone was over 200 yards. There’s the location of the apartment as well as where the initial contact happened at the car and where the shooting ultimately happened," he added.

    Click for more NBC 7 Investigates reports

    NBC 7 San Diego reached out to the U.S. Border Patrol again Tuesday with a request to talk with the agent involved in the shooting about these new details involving his past employment. The agency hasn't responded and the agent didn't answer his door.

    Alvarado had a lengthy history of drug convictions, but she was not wanted for any crime.

    Family members said Alvarado went to Chula Vista High School. The five children she leaves behind range in age from three to 17.