A federal agent, who was arrested last month in connection with a violent road-rage incident while off duty in the South Bay, was charged with misdemeanor battery and child endangerment Tuesday.
The charges against Immigration and Customs Enforcement (ICE) agent Billy Brickett stem from an incident on May 18 on Dennery Road, near Palm Avenue and Interstate 805 in Otay Mesa.
According to a police report obtained by NBC 7, the incident began when Brickett and his alleged victim, Ray Drayton, threatened each other while driving.
Drayton told police that he and Brickett pulled into a parking lot, left their vehicles, and started fighting. Brickett allegedly had his child in his car as it all happened.
While the two men where grappling, Drayton said he saw a holstered hand-gun strapped to Brickett’s rear hip.
Drayton told NBC 7 in June 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.
A spokesperson for ICE confirmed that Brickett works for the agency but did not disclose his current employment status.
Drayton told NBC 7 following court proceedings Tuesday that he was disappointed Brickett wasn't facing felony charges for his actions.
"I asked her 'Why isn't this guy getting charged with a felony?' and she said 'Well you're a big guy,' and moved on," Drayton said.
The District Attorney's office would not comment on the accuracy of Drayton's claim and said it charges what can be proved beyond a reasonable doubt.
Brickett is out on $8,000 bail and faces up to one year in jail if convicted.