Cops Ignore Border Patrol Agent Sexually Assaulting Woman

Bianca Bruno | Courthouse News Service

SAN DIEGO (CN) – A police detective says the Imperial Police Department and its police chief failed to file her sexual assault case against a Border Patrol agent, and harassed her because she is a lesbian.

K.O. and her wife M. K. sued the city of Imperial and its police department in federal court on Jan. 20 on a host of civil rights and discrimination claims related to what they say was the department’s failure to investigate K.O.’s sexual assault by A.S., a Border Patrol agent.

Although both plaintiffs and the agent are named in the lawsuit, Courthouse News has chosen to redact their names because of the sensitive nature of the case and because the agent has not been charged with a crime.




K.O. says in her lawsuit that A.S. confessed to molesting her a year ago while she was sleeping after a night out with friends, but that Imperial Police Chief Miguel Colon did not submit the sexual assault investigation to the DA’s office for over 100 days.

Investigators did not gather any physical or biological evidence from the border patrol agent – including his blood alcohol content, according to the lawsuit.

The detective contends her case was not sent to the district attorney until she filed a right-to-sue claim with the state. The DA ultimately declined to prosecute the case, citing an unknown level of intoxication of the assailant, according to the lawsuit.





The agent has never been charged with any crime “despite confessing to the sexual assault,” the lawsuit states.

Not only is Colon accused by K.O. of failing to file the case, but her 18-page lawsuit claims the police chief called her superior at the Brawley Police Department and detailed her sexual assault in “an active effort to interfere with the case.”

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  • LawrenceNeal

    Holding the slimy blue line.

  • Harry Houston

    For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
    The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
    TITLE 18, U.S.C., SECTION 242
    Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
    http://www.justice.gov/crt/about/crm/242fin.php

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