Apr 06, 2026
A Border Patrol agent accused of shooting an unarmed 19-year-old during a 2022 attempted traffic stop in Calexico pleaded not guilty to federal charges Monday. Marcos Andrade appeared before a judge in the Southern District of California on charges of deprivation of rights and use of a firearm in a crime of violence. He pleaded not guilty and was ordered held on $50,000 bond. The charges stem from a July 2022 shooting. Prosecutors say Andrade was on duty when he attempted to stop a minivan he suspected of human smuggling. The driver, then-19-year-old Anthony Flores, was the only person inside the vehicle and continued driving, according to the indictment. At a stoplight, prosecutors say Andrade pulled alongside the van, partially blocking it, then got out and pointed his weapon at Flores. The indictment alleges Andrade fired eight shots, striking Flores in the neck, thumb, shoulder and hip. Shattered glass also lodged in Flores’ eye. Flores survived but was hospitalized. He later filed a civil lawsuit against Andrade and the federal government. That suit says he has “lifelong disabilities, pain and trauma.” Andrade and his attorney declined to comment on the case after his arraignment. Flores’ attorneys in the civil case said they were encouraged by the charges after “Mr. Flores was driving near the border, which, if that were enough to suspect someone of alien smuggling, we all should be afraid Mr. Andrade might try to kill us in traffic,” Flores’ lawyer Marcus Bourassa said after the hearing. “Mr. Flores had nightmares that this agent would come back and finish the job.” Federal prosecutors allege Andrade refused to answer basic questions after the shooting. They also said he had previously been disciplined by Border Patrol twice for firing his service weapon at civilians in 2012 and 2017, which Flores’ attorneys said they only learned from the indictment. In court, Andrade’s attorney said he was working as a Border Patrol agent up until last Friday, when he was placed on administrative leave. He argued for a $10,000 bond, while federal prosecutors asked for $50,000. During the hearing, Flores’ attorneys in the civil case asked the judge to hold Andrade without bond.“This has to stop,” Flores’ attorney Tim Scott said, “and the reason we are seeking civil justice, as difficult as it is, is because we think that this is one of the only ways to hold individual officers accountable.” Andrade has moved to dismiss the civil lawsuit, with a hearing on his motion held in December. The judge in that case has yet to issue a decision. Border Patrol has not responded to a request for comment about the prior incidents in 2012 or 2017. If convicted, Andrade could face 10 years to life in prison and is expected back in court in May. This story was originally reported for broadcast by NBC San Diego. AI tools helped convert the story to a digital article, and an NBC San Diego journalist edited the article for publication. ...read more read less
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