Federal Lawsuit Filed Against ICE Agent Arrested In Road Rage Incident - NBC 7 San Diego

Federal Lawsuit Filed Against ICE Agent Arrested In Road Rage Incident

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    An off-duty federal agent was arrested last month after a violent road-rage incident in the South Bay.

    The alleged crime happened May 18 on Dennery Road, near Palm Avenue and Interstate 805 in Otay Mesa.

    According to a police report obtained by NBC 7, off-duty Immigration and Customs Enforcement agent Billy Brickett and his alleged victim threatened each other while driving.

    The victim, Ray Drayton, told police that he and Brickett pulled into a parking lot, left their vehicles, and started fighting.

    While the two men where grappling, Drayton said he saw a holstered hand-gun strapped to Brickett’s rear hip.

    Drayton told NBC 7 News he tried to grab the weapon so he could toss it away, but Brickett pulled it out of the holster and pointed it directly at him, just inches from his face.

    "I saw my whole life, and my wife and children’s faces, flash in front of me. I have never been that close to a gun, with the barrel staring right in my face. It was terrifying,” Drayton said.

    Drayton said he ran to a nearby car, and pounded on the window to get the occupants’ attention, all the while dodging back and forth around the car for cover in case Brickett fired his Sig Saur handgun.

    Meanwhile, he said Brickett retreated, got out his wallet, and identified himself as a law enforcement agent.

    Someone nearby called 911 and police arrived at the scene where they arrested the off-duty agent for misdemeanor battery.

    Dayton has since sought legal advice, which resulted in the filing a federal court lawsuit against the ICE agent.

    That legal action, filed Wednesday by attorneys Dan Gilleon and Steve Hoffman, accuses Brickett of unlawful detention, use of unreasonable force, false imprisonment and other acts.

    NBC 7 was unable to contact Brickett for comment, but a spokesperson for ICE confirmed that Brickett works for the agency.

    The spokesperson had no information on Brickett’s current employment status but said the agency is working with the District Attorney’s office, which is reviewing the case and could file criminal charges against Brickett, who is now free on bail.

    “U.S. Immigration and Customs Enforcement (ICE) is cooperating fully with the local authorities during the ongoing investigation into this incident,” said ICE spokesperson Lauren Mack, “ICE holds its personnel to the highest professional standards and has zero tolerance for employees who violate the public’s trust.’’

    An off-duty federal agent was arrested last month after a violent road-rage incident in the South Bay.

    The alleged crime happened May 18on Dennery Road, near Palm Avenue and the 805, in Otay Mesa.

    According to a police report obtained by NBC 7 News, off-duty ICE agent Billy Brickett and his alleged victim threatened each other while driving.

    The victim, Ray Drayton, told police that he and Brickett pulled into a parking lot, left their vehicles, and started fighting.

    While the two men where grappling, Drayton said he saw a holstered hand-gun strapped to Brickett’s rear hip.

    Drayton told NBC 7 News that he tried to grab the weapon so he could toss it away, but that Brickett pulled it out of the holster and pointed it directly at him, just inches from his face.

    Drayton said he “saw my whole life, and my wife and children’s faces, flash in front of me. I have never been that close to a gun, with the barrel staring right in my face. It was terrifying.”

    Drayton said he ran to a nearby car, and pounded on the window to get the occupants’ attention, all the while dodging back and forth around the car for cover, in case Brickett fired his Sig Saur handgun.

    Meanwhile, he said Brickett retreated, got out his wallet, and identified himself as a law enforcement agent.

    Someone nearby called 9-1-1, and police arrived at the scene, where they arrested the off-duty agent for misdemeanor battery.

    Dayton has since contacted an attorney, who today filed a federal court lawsuit against the ICE agent.

    That legal action, filed by attorney Dan Gilleon, accuses Brickett of unlawful detention, use of unreasonable force, false imprisonment, and other acts.

    NBC 7 News was unable to locate Brickett for comment, but a spokesperson for ICE confirmed that Brickett works for the agency.

    The spokesperson had no information on Brickett’s current employment status, but said the agency is working with the District Attorney’s office, which is reviewing the case and could file criminal charges against Brickett, who is now free on bail.

    “U.S. Immigration and Customs Enforcement (ICE) is cooperating fully with the local authorities during the ongoing investigation into this incident,” said ICE spokesperson Lauren Mack, “ICE holds its personnel to the highest professional standards and has zero tolerance for employees who violate the public’s trust.’’

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