Five Shots in Five Minutes: Analysing One Federal Agent’s Use of Less-Lethal Launcher in Minneapolis
This investigation is part of a collaboration between Bellingcat and Evident Media. You can watch Evident’s video here.
The fatal shooting of Renee Nicole Good by Immigration and Customs Enforcement (ICE) agent Jonathan Ross in Minneapolis on Jan. 7 sparked nationwide protests, with often violent clashes breaking out between protesters and federal agents. Some of the most intense protests took place in Minneapolis itself, with an agent using a less-lethal launcher in ways that experts told Bellingcat were “punitive” and “questionable at best”.
This agent, an elite Border Patrol officer who was masked but identifiable through the uniform number patch EZ-17, was captured on camera firing his B&T GL06 40mm less-lethal launcher at protesters five times in five minutes as he travelled down a street adjacent to where Good was killed.
While “less-lethal” weapons are not designed to kill, they can still result in serious injuries and even death when misused. In California, a protester said he was permanently blinded in one eye after he was shot with a less-lethal weapon at a protest on Jan. 13. Footage shows a DHS officer firing a PepperBall gun at his face at close range, causing him to bleed.
Last year, a judge in Illinois ordered an injunction limiting federal agents’ use of force in the state due to what she described as aggressive use of force against peaceful protesters that “shocks the conscience”. However, Bellingcat found multiple examples of force and riot control weapons being used during immigration raids and in apparent violation of that order in the weeks immediately after.
Experts told Bellingcat that most of the less-lethal shots fired by EZ-17 after arriving at the site of Good’s shooting with Border Patrol Commander Gregory Bovino on Jan. 7, also appear to breach CBP’s use-of-force policy.
Bellingcat analysed videos from news outlets and social media and mapped out all five shots the agent fired.
Four of these shots appeared to be aimed directly at protesters’ faces at close range, while a fifth was fired from a distance towards a crowd after tear gas had already been deployed. A sixth shot, captured at another location on the same day, also shows EZ-17 firing a shot from the same launcher at someone at head-level.
As of publication, DHS had not responded to Bellingcat’s requests for comment.
The Agent
In footage captured by independent news outlet Mercado Media, EZ-17 is seen inside the crime scene tape perimeter, standing near Bovino, with eight 40mm munitions on his belt.
These included three sponge-nose impact rounds, which are designed for “pain compliance” through the direct force of impact, and five cylindrical munitions that can be filled with different payloads and chemical irritants. “BLAST” in blue text is visible on one munition, indicating a “Muzzle Blast” munition with a CS gas fill – commonly known as tear gas. At least three additional 40mm munitions are visible in his plate carrier.
Another video by independent news network Status Coup News showed uninterrupted footage capturing five shots from the time the agent exited the crime scene perimeter (at 5:02) shortly before firing the first shot, to when he left in a truck with other agents (9:23) immediately after firing the fifth shot.
The back of EZ-17’s vest shows that he belongs to CBP’s Border Patrol Tactical Unit (BORTAC). BORTAC is a specialised and highly trained unit that, according to the CBP, has a selection process “designed to mirror aspects of the US Special Operations Forces’ selection courses”.
Members of BORTAC have regularly accompanied Bovino as he leads Trump’s immigration raids, including EZ-17 and EZ-2, another CBP agent that was frequently seen beside EZ-17 in the footage from Jan. 7. Both agents have continued to accompany Bovino on raids in Minnesota in subsequent days.
EZ-17 was also spotted alongside Bovino at an incident in Illinois, where a CBP agent in front of him appeared to shoot a protester at close range.
First Shot
In the Status Coup Media video, EZ-17, and three other CBP agents, including EZ-2, can be seen leaving the crime scene tape perimeter set up after Good’s death, pushing protesters who are physically blocking them. Snowballs are thrown at the CBP agents.
EZ-17 and EZ-2 push a man to the ground who is blocking them. The video shows a clear view of his belt, and the eight munitions visible on his arrival at the scene are still loaded at this point.
EZ-17 initially aims at the man he had pushed to the ground, but then turns and aims at the face of another nearby protester who did not appear to be involved in any previous physical contact with the agents. As EZ-17 aims at the face of this protester, the man raises his arms to shield himself before EZ-17 fires.
The large cloud of chemical irritant appears to disperse from the barrel immediately on firing for this shot as well as the next three shots EZ-17 fires.
This is consistent with the “Muzzle Blast” 40mm munitions produced by Defense Technology, which were seen in images of the agent’s belt. Defense Technology says in its product specifications for 40mm “Muzzle Blast” munitions that these rounds provide “instantaneous emission” of a chemical agent in the immediate area (30 feet) of the person shooting them.
Second Shot
Seconds later, after EZ-17 is hit by a snowball, he turns and fires towards the face of a man who is filming in the direction the snowball came from. It is unclear if this man is the intended target or someone else in the crowd behind him.
Third Shot
The third shot is at a man who was seen on video throwing a snowball that hits EZ-2.
EZ-17 and EZ-2 chase this man, with EZ-2 spraying him in the face with Oleoresin Capsicum (OC) spray, also known as pepper spray or mace. EZ-2, when leaving the perimeter, can be seen carrying a Vexor Professional-branded canister.
Vexor exclusively produces various types of OC spray, and does not list any chemical irritant sprays that do not contain OC on its website.
The man slowly walks closer to the agents, saying that he has been maced. EZ-17 pushes the man, then aims at the man’s face and fires.
The seals that keep the chemical irritant inside the 40mm canister before it is fired can be seen hitting the man in this shot, with the smoke surrounding his face.
Fourth Shot
After the third shot, an unmarked white CBP truck turns off the street and tries to drive down an alley. Protestors begin physically blocking the vehicle, throwing snowballs and other objects at it. The windshield gets cracked, and the back window gets broken. EZ-17 and EZ-2 physically push the protesters blocking the truck out of the way, with EZ-2 also deploying what appears to be a canister of OC spray.
A person begins banging on the windows of the truck, and EZ-17 rushes around the truck to fire his launcher towards this person’s face.
University of St. Thomas School of Law professor Rachel Moran, who reviewed the videos at Bellingcat’s request, said that of the six shots we identified as being fired by EZ-17 this one appeared to be “the most reasonably related to carrying out the duty of helping the vehicle evacuate” as the person targeted was “still pounding aggressively” on the vehicle when EZ-17 fired the shot.
Fifth Shot
After EZ-17’s fourth shot, EZ-2 deploys a tear gas grenade, and the CBP truck moves down the alley, away from protesters.
EZ-17 can be seen reloading next to EZ-2, who is holding a canister that appears to be OC spray, and another CBP agent holding a PepperBall gun.
The CBP agent with the PepperBall gun appears to cross over to the other side of the truck, and EZ-2 appears to begin to enter the vehicle.
As soon as the back right door on the truck closes, gas from the muzzle can be seen from where EZ-17 was standing.
This fifth shot appears to be “skip-fired” or aimed towards the ground before ricocheting upwards, at close range, resulting in three visible projectiles going towards the crowd of people, narrowly missing some.
Although the footage is blurry with the tear gas from the grenade EZ-2 threw still clouding the air, EZ-17 appears to be the only agent who could have fired this: EZ-2 was not armed with a projectile launcher, and PepperBall guns like the one carried by the other CBP agent do not have munitions that release multiple projectiles with a single shot.
Chemical irritant smoke was seen being released by the projectiles from this last shot as it travelled through the air.
The multiple projectiles are consistent with the 40mm “SKAT Shell” by Defense Technology, which ejects four separate submunitions upon firing, each dispensing chemical irritants. In one of the videos, a SKAT Shell is seen in EZ-17’s belt.
Roosevelt High School
In another video from the same day, EZ-17 was filmed again alongside Bovino when CBP showed up at Roosevelt High School in Minneapolis at dismissal time.
This video showed EZ-17 again firing his B&T GL06, apparently towards someone’s head, this time someone who threw a snowball at a CBP agent.
‘Punitive and Unlawful’
Patrick Wilcken, Amnesty International’s Researcher on Military, Security and Policing issues, said that while the overall situation shown in the videos was tense, with “verbal abuse, some shoving/throwing of snowballs and the attempted obstruction of a vehicle”, there did not seem to be any substantial physical threat to the agents that would have justified the use of less-lethal weapons.
Wilcken, who reviewed the videos of all six shots fired by EZ-17 at Bellingcat’s request, said the actions of agents shown in these videos – pursuing fleeing protesters and in some instances firing at protesters who appeared to be trying to protect themselves – were “punitive and unlawful”.
CBP’s use-of-force policy states that weapons such as 40mm launchers are only authorised for use against subjects offering “active” or “assaultive” resistance. Similarly, DHS’ use-of-force policy guidance says agents may use force “only when no reasonably effective, safe and feasible alternative appears to exist”, and may only use the level of force “objectively reasonable in light of the facts and circumstances” that they face at the time force is applied.
“Officers should only resort to less lethal weapons when faced by a serious physical violence posing a threat to themselves or others that is not possible to diffuse in any other way,” Wilcken said. “They must exercise force with restraint, to the minimum extent possible while respecting and enabling the right to peaceful assembly.”
University of St. Thomas School of Law professor Rachel Moran agreed that whether the use of less-lethal weapons is justified largely depends on the level of threat or aggression the agent faces from the person targeted. Although she said the fourth shot could be justified in helping the CBP vehicle evacuate, Moran said the justification for the other shots was “questionable at best” based on the footage.
For example, Moran noted that although the man in the third shot had thrown a snowball at another officer, any threat had dissipated by the time EZ-17 shot him because the man had already run away and clearly had his hands up with nothing in them. “The shot appears to be more retaliatory than defensive”, she said.
Similarly, for the incident at Roosevelt High School, Moran noted that EZ-17 did not appear to be in any danger from the snowball, as the person who threw it was already retreating before the agent fired.
Moran said that if EZ-17 was carrying a B&T GL06 40mm launcher, he did appear to violate CBP policy by directly aiming at people’s faces.
CBP’s use-of-force policy states that agents using munitions launchers, including 40mm launchers “shall not intentionally target the head, neck, groin, spine, or female breast”. However, Bellingcat’s analysis of the six shots fired by EZ-17 showed that he appeared to be aiming at the head of targets in five of these cases.
Travis Norton, a retired police lieutenant and use-of-force consultant, told Bellingcat that standard training and manufacturer guidance for 40mm launchers recommended aiming at “large muscle groups of the lower body” while avoiding “prohibited target areas” like the head, neck, chest, spine and groin. This helps to reduce the risk of significant injury, Norton said.
Norton said that 40mm launchers are not intended for random or area fire: “Their use is limited to clearly identified individuals who are engaging in violent or dangerous behaviour and cannot be safely addressed by other means.”
Although he declined to comment on specific incidents based solely on video footage, Norton said that skip-firing – which was used in the fifth shot identified by Bellingcat, and the only shot where a person did not appear to be targeted at head-level – was generally not a standard or recommended practice in most law-enforcement training programs.
“Because ground conditions, angles, and projectile behaviour are unpredictable, skip-firing reduces accuracy and control and increases the risk of unintended injury,” Norton said.
Pooja Chaudhuri contributed research to this piece.
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