A man accused of blowing through a U.S. border checkpoint and assaulting an agent was beaten before he was arrested, the man’s defense attorney said.
Devin Austin Bishop, of Manchester, Connecticut, is charged with one count each of assaulting a federal officer and failing to report his arrival and present for inspection at the border crossing. He has pleaded not guilty.
Bishop was driving across the bridge that connects Canada’s Campobello Island to Lubec around 6:40 p.m. on Feb. 22 when he allegedly sped across the border without stopping. A border patrol agent then chased him for about 2 miles.
That agent, Christopher Ceccardi, was not trained or authorized to do vehicle pursuits, Bishop’s attorney Matthew Morgan said during opening statements of a jury trial Monday in U.S. District Court of Maine in Bangor.
The FBI investigated the alleged assault and illegal border crossing, the Bangor Daily News first reported in February.
On that day in February, Bishop drove on the bridge toward Canada. He turned around before reaching the other side, Morgan said. Both Morgan and Assistant U.S. Attorney Joel Casey agreed that Bishop drove through the U.S. Port of Entry.
After Bishop didn’t stop, Ceccardi started chasing the vehicle. Bishop pulled over about 2 miles down the road, Casey said.
Ceccardi did not have his flashing emergency lights on during the chase, Morgan said. He did have sirens on. Once Bishop pulled over, Ceccardi — who was alone — got out of his truck with his gun drawn.
Ceccardi was wearing a black uniform and didn’t identify himself as a federal agent, according to the report he wrote, Morgan said. What Bishop saw was a strange man with a gun on a dark road, Morgan added.
The agent started issuing commands to Bishop, telling him to get out of the car and put his hands behind his back, Casey said. Once Bishop followed directions, Ceccardi approached the man to try to handcuff him.
Bishop then “snatched his hand away and whirled on” Ceccardi, Casey said. As Ceccardi backed away he continued giving commands to Bishop, but the man didn’t stop. Ceccardi then pepper sprayed Bishop, Casey said.
With Bishop disorientated, Ceccardi took him to the ground to try to arrest Bishop and he continued to resist, Casey said. He added during that struggle Bishop reached for the agent’s gun.
The fight was happening in the road and cars in both directions were stopped. Ceccardi got to his feet and backed away, as Bishop followed, Casey said.
“By this point, Officer Ceccardi was exhausted and he felt as though he might need to use deadly force,” Casey said.
Bishop then got a hand on Ceccardi’s gun, Casey said. At the same time, a driver got out of his car to help Ceccardi. The driver tackled Bishop and started “raining blows” on Bishop’s face and “dropping a knee” onto him to try to subdue him, Casey said.
Ceccardi was still trying to get control of the gun, Casey said. During the struggle the gun fired, but Ceccardi was able to direct it away from people, Casey said.
The gun fired twice, Morgan said.
After it fired, Bishop let go of the gun and Ceccardi was able to holster it, Casey said.
A corrections officer was driving by and also stopped to help, Casey said. The man had handcuffs and was able to restrain Bishop.
“Devin [Bishop] is maced, tackled, punched, and choked before he is put in handcuffs,” Morgan said.
The jury should consider if it thinks Bishop acted intentionally when resisting and must consider that it was dark, headlights were in his eyes and Ceccardi was wearing all black, Morgan said.
The trial is expected to last four days.