BP Agents Identified in Lawsuit Over Deadly Shooting of Tohono O’odham Man

Three Border Patrol agents involved in the fatal shooting of Raymond Mattia, a 58-year-old Tohono O’odham man, have been named in a lawsuit filed earlier this year. Legal representatives for Mattia’s family cited excessive force as the basis for their claims against agents Scott Whitehouse, Dan Sifuentes, and Ivan Torralva.

The amended complaint, submitted by attorneys Ryan Stitt and Marcus Bourassa, alleges that the agents “shot and killed Raymond for no reason.” The lawyers emphasized that at the time of the incident, Mattia was compliant with the agents’ commands and posed no threat. Stitt asserted during a press conference in May that Mattia’s death was entirely unwarranted, stating, “Mr. Mattia was a loved member of his community, and he was someone who did not deserve to die in front of his home for following the officer’s commands.”

The lawsuit expands on claims that up to 30 agents violated Mattia’s civil rights, alleging that their actions immediately disrupted familial relationships. Stitt highlighted, “the agents acted under color of law and violated Mr. Mattia’s constitutional rights as well as those of his family.”

The incident has widened the rift between the Tohono O’odham Nation and law enforcement. Residents have increasingly hesitated to contact the Tohono O’odham Police Department or Border Patrol for assistance since the shooting.

In their filing, the attorneys contended that the agents lacked a legitimate basis for the confrontation that escalated to gunfire. Prior to the incident, a Tohono O’odham police officer met with Border Patrol agents but did not encounter any sounds of distress. The lawsuit argues that the officers had no proper justification to detain Mattia or to use force against him.

Further detailing the agents’ approach, the lawsuit claims they arrived heavily armed without adequate cause. “They did not hear gunshots. They did not hear screams. They did not hear calls for help,” stated the attorneys, highlighting the lack of grounds for their actions.

The confrontation culminated in Mattia tossing a sheathed hunting knife before agents fired their weapons, resulting in his death outside his home. An internal investigation by the U.S. Attorney’s Office later concluded that the agents would not face charges, a decision that drew significant backlash from tribal leaders.

Verlon Jose, chairman of the Tohono O’odham Nation, criticized the ruling, stating, “The facts speak for themselves, and they do not support the U.S. Attorney’s decision.” He expressed concern over the implications of allowing law enforcement to act with apparent impunity. The ongoing legal battle seeks a jury trial for various claims, including wrongful death and assault, while punitive damages are also on the table.

As the family continues to seek justice, questions linger about the conduct of the Border Patrol agents throughout the incident. Attorneys have indicated a determination to uncover the identities of all involved, noting that prior legal cases indicate the federal agency’s tendency to protect the anonymity of its personnel in similar situations.