Craig Stingley listens during a Milwaukee County court hearing. Stingley spent years fighting for justice after the death of his son Corey. | Taylor Glascock for ProPublica
A judge in Milwaukee brought a 13-year quest for justice by a grieving father to a close on Thursday, accepting a plea deal for two men charged criminally for their role in the killing of his teenaged son.
Robert W. Beringer and Jesse R. Cole pleaded guilty to felony murder under a deferred prosecution agreement that allows them to avoid jail time yet publicly stand accountable for their actions leading to the 2012 death of Corey Stingley. The men helped restrain the 16-year-old inside a convenience store after an attempted shoplifting incident involving $12 worth of alcohol.
“What happened to Corey Stingley should have never happened. His death was unnecessary, brutal and devastating,” Dane County District Attorney Ismael Ozanne told the judge in a letter filed with the court.
Both of Stingley’s parents spoke directly to the judge in an hourlong hearing in a courtroom filled with family members, community activists, spiritual leaders and some of the teen’s former classmates.
“Corey was my baby. A mother is not supposed to bury her child,” Alicia Stingley told the judge. She spoke of the grace of forgiveness, and after the hearing she hugged Beringer. The Stingleys’ surviving son, Cameron, shook both men’s hands.
The agreement requires Cole and Beringer to make a one-time $500 donation each to a charitable organization of the Stingley family’s choosing in honor of Corey. After six months, if the two men comply with the terms and do not commit any crimes, the prosecution will dismiss the case, according to documents filed with the court.
ProPublica, in a 2023 story, reexamined the incident, the legal presumptions, the background of the men and Stingley’s father’s relentless legal campaign to bring the men into court. The three men previously had defended their actions as justified and necessary to deal with an emergency as they held Stingley while waiting for police to arrive.
Ozanne, who was appointed in 2022 to review the case, recommended the agreement after the two men and the Stingley family engaged in an extensive restorative justice process, in which they sat face to face, under the supervision of a retired judge, and shared their thoughts and feelings. Ozanne said in the letter that the process “appears to have been healing for all involved.”
From the bench, Milwaukee County Circuit Court Judge Laura Crivello said she found the agreement to be fair and just and commended the work of all the parties to come to a resolution.
“Maybe this is the spark that makes other people see similarities in each other and not differences,” she said. “Maybe this is the spark that makes them think about restorative justice and how do we come together. And maybe this is part of the spark that decreases the violence in our community and leads us to finding the paths to have those circles to sit down and have the dialogue and to have that conversation. So maybe there’s some good that comes out of it.”
Craig Stingley, Corey’s father, said during the hearing that his 13-year struggle “has turned into triumph.”
Earlier, the Stingley family filed a statement with the court affirming its support for the agreement and the restorative justice process.
“We sought not vengeance, but acknowledgement — of Corey’s life, his humanity, and the depth of our loss,” it states. “We believe this agreement honors Corey’s memory and offers a model of how people can come together, even after profound harm, to seek understanding and healing.”
The family remembered Stingley as a “vibrant, loving son, brother, and friend” and found that the restorative dialogues brought “truth, understanding, and a measure of healing that the traditional court process could not.”
Jonathan LaVoy, Cole’s attorney, told reporters after the hearing: “This has been a long 13 years. He’s been under investigation with multiple reviews over that time. I think everyone is just so happy that this day has come, that there’s been some finality to this whole situation.”
Defendant Jesse Cole sits in the courtroom on Thursday before a hearing on his case. Taylor Glascock for ProPublica
In a joint written statement provided to the court, Beringer and Cole said they came to recognize “the profound ripple effects” of the incident and their connection to Stingley’s death. They expressed sorrow that Stingley’s “time on this earth ended far too soon.”
The proceeding followed years of work by Craig Stingley to force the justice system to view his son as a crime victim whose life was unlawfully cut short by Beringer, Cole and another store patron, Mario Laumann, who died in 2022.
Prosecutors at the time declined to charge anyone, saying the men did not intend to kill Corey Stingley when they tackled him and pinned him to the floor of VJ’s Food Mart, in West Allis, Wisconsin. They were detaining him for police after the youth attempted to steal bottles of Smirnoff Ice. In surveillance video, Laumann can be seen holding Stingley in a chokehold while the other two men aided in restraining him. A witness told police Laumann was “squeezing the hell” out of the teenager.
The Milwaukee County Medical Examiner’s Office found that Stingley died of a brain injury due to asphyxiation after a “violent struggle with multiple individuals.” It ruled the death a homicide.
Under Wisconsin law, the charge of felony murder is brought in cases in which someone dies during the commission of another alleged crime — in this case false imprisonment.
Defendant Robert Beringer walks into the Milwaukee County courtroom. | Taylor Glascock for ProPublica
Ozanne wrote to the court that his analysis found that “there is no doubt Cole, Beringer and Laumann caused Corey Stingley’s death.”
All three men, he wrote, restrained Stingley “intentionally and without his consent” and without legal authority to “arrest” him. “Simply put, Corey, a teenager, was tackled and restrained to the ground by three grown men because they suspected him of shoplifting,” Ozanne wrote. “They killed him while piled on top of his body awaiting the police.”
But he noted that there is no evidence that Beringer or Cole knew that Stingley was in medical distress during the incident. He described their hold on him as “rudimentary detention techniques.”
It was Laumann, Ozanne concluded, who “strangled Corey Stingley to death.” Ozanne wrote that surveillance video shows Laumann’s arm for several minutes across Stingley’s neck “as he fades out of consciousness.”
If Laumann were still alive, Ozanne said in court, prosecutors likely would have been seeking a lengthy prison term for him.
Stingley died the same year as Trayvon Martin, a Black Florida teen shot to death by a neighborhood volunteer watchman, who was acquitted in 2013. Martin’s case drew national attention and led to the formation of the Black Lives Matter movement. But Stingley’s death after being restrained by three white men did not garner widespread notice outside Wisconsin.
Over the years, Craig Stingley unsuccessfully advocated for the men to face charges. Two prosecutors reviewed the case, but nothing came of it.
He then discovered an obscure “John Doe” statute, dating back to Wisconsin’s territorial days, that allows a private citizen to ask a judge to consider whether a crime has been committed and, if so, by whom when a district attorney can’t or won’t do so.
Stingley filed such a petition in late 2020. That led to the appointment of Ozanne as a special prosecutor to review the matter yet again. In 2024, Ozanne informed the Stingley family that his office had found evidence of a crime but that a guilty verdict was not assured for the remaining two men.
That set in motion an effort to achieve healing and accountability through a restorative justice process. Restorative justice programs bring together survivors and offenders for conversations, led by trained facilitators, to work toward understanding and healing and how best to make amends. Last year, Stingley and members of his family met on separate occasions with both Cole and Beringer through the Andrew Center for Restorative Justice, part of the law school at Milwaukee’s Marquette University.
The discussions led to the deferred prosecution agreement.
In an interview, Anthony Neff, a longtime friend of Craig Stingley’s, recalled seeing Corey Stingley in a hospital bed, attached to tubes and a ventilator in his final days. Corey Stingley had been a running back on his high school football team. Everyone in the program showed up for the funeral, Neff said.
“Coaches. The ball boys. The cheerleaders. I mean, they’re all standing in solidarity with Craig and the family,” he said.
In the years since, he and other golfing buddies of Craig Stingley’s have provided emotional support in his quest. Neff called it “a lesson in civics, a master lesson in civics.”
This story was originally published by ProPublica.
Craig Stingley had no legal training, no big-name lawyer or civil rights advocate by his side. Yet for 13 years, he refused to accept that the judicial system would hold no one responsible for the killing of his 16-year-old son, Corey.
The quest for justice dominated his life.
He gathered police reports, witness statements and other evidence in the Dec. 14, 2012, fatal incident inside a Milwaukee-area convenience store. The youth had tried to shoplift $12 worth of flavored malt beverages at the shop before abandoning the items and turning to leave. That’s when three men wrestled him to the ground to hold him for the police.
The medical examiner determined that he died of a brain injury from asphyxiation after a “violent struggle with multiple individuals.” The manner of death: homicide.
When prosecutors chose not to charge anyone, Stingley waged a legal campaign of his own that forced the case to be reexamined. A 2023 ProPublica investigation pieced together a detailed timeline of what happened inside the store, recounted what witnesses saw and examined the backgrounds of the three customers involved in the altercation.
Finally, this week, in an extraordinary turn of events, Stingley will see a measure of accountability. On Monday, a criminal complaint filed in Milwaukee County Circuit Court charged the surviving patrons — Robert W. Beringer and Jesse R. Cole — with felony murder. The defendants were set to appear in court on Thursday.
Beringer’s attorney, Tony Cotton, described the broad outlines of a deferred prosecution agreement that can lead to the charges being dismissed after the two men plead guilty or no contest. The men may be required by the court to make a contribution to a charity in honor of Corey Stingley and to perform community service, avoiding prison time, according to Cotton and Craig Stingley.
In Wisconsin, felony murder is a special category for incidents in which the commission of a serious crime — in this case, false imprisonment — causes the death of another person. The prosecutor’s office in Dane County, which is handling the matter, declined to comment. Cole’s attorney said his client had no comment. Previously, the three men have argued that their actions were justified, citing self-defense and their need to respond to an emergency.
Craig Stingley waged a legal campaign that forced the death of his son to be reexamined. (Taylor Glascock for ProPublica)
For Stingley, a key part of the accountability process already has taken place. Last year, as part of a restorative justice program and under the supervision of a retired judge, Stingley and the two men interacted face to face in separate meetings.
There, inside an office on a Milwaukee college campus, they confronted the traumatic events that led to Corey Stingley’s death and the still-roiling feelings of resentment, sorrow and pain.
Craig Stingley said he felt that, after years of downplaying their role, the men showed regret and a deeper understanding of what had happened. For instance, Stingley said, he and Cole aired out their different perspectives on what occurred and even reviewed store surveillance video together.
“I have never been able to breathe as clearly and as deeply and feel as free as I have after that meeting was over,” Stingley said.
Restorative justice programs bring together survivors and offenders — via meetings or letters or through community panels — to try to deepen understanding, promote healing and discuss how best to make amends for a wide range of harms. The approach has been used by schools and juvenile and criminal justice systems, as well as nations grappling with large-scale atrocities.
Situations where restorative justice and deferred prosecution are employed for such serious charges are rare, Cotton said. But, he said, the whole case is rare — from the prosecution declining to issue charges initially to holding it open for multiple reviews over a decade.
“Our hearts go out to the Stingley family, and we believe that the restorative justice process has allowed all sides to express their feelings openly,” Cotton said. “We are glad that a fair and just outcome has been achieved.”
A medical examiner determined that Corey Stingley died of a brain injury from asphyxiation after an altercation with three men at a convenience store in 2012. Prosecutors assigned to the case declined to press charges. (Taylor Glascock for ProPublica)
The legal quest
Milwaukee’s district attorney at the time of Corey Stingley’s death, John Chisholm, announced there would be no charges 13 months later, in January 2014. Cole, Beringer and a third man, Maurio Laumann, now deceased, were not culpable because they did not intend to injure or kill the teen and weren’t trained in proper restraint techniques, Chisholm determined.
Craig Stingley, who is Black, and others in the community protested the decision, claiming the three men — all white — were not good Samaritans but had acted violently to kill a Black youth with impunity. “When a person loses his life at the hands of others, it would seem that a ‘chargeable’ offense has occurred,” the Milwaukee branch of the NAACP said in a statement at the time.
Looking for a way to reopen the case, Stingley reexamined the evidence, including security video. In a painful exercise, he watched the takedown of his son, by his estimation hundreds of times, analyzing who did what, frame by frame. What he saw only reinforced his view that his son’s death was unnecessary and his right to due process denied.
Corey Stingley and his father lived only blocks from VJ’s Food Mart, in West Allis, Wisconsin. That December day, Stingley made his way to the back of the store and stuck six bottles of Smirnoff Ice into his backpack. At the front counter, the teenager provided his debit card to pay for an energy drink, but the clerk demanded the stolen items. Stingley surrendered the backpack, reached toward the cash register to recover his debit card, then turned to exit.
Cole told police he extended his hand to stop Stingley and claimed that the teen punched him in the face, though it is not evident on the video. The three men grabbed the youth. During a struggle, the men pinned Stingley to the floor.
Laumann kept Stingley in a chokehold, several witnesses told investigators. ProPublica later discovered that Laumann had been a Marine. His brother told ProPublica he likely learned how to apply chokeholds as part of his military service decades ago.
Beringer had Stingley by the hair and was pressing on the teen’s head, a witness told authorities. Cole helped to hold Stingley down. Eventually, Stingley stopped resisting. The police report states that Cole thought the teen was “playing limp” to trick them into loosening their grip.
“Get up, you punk!” Laumann told the motionless teen when an officer finally arrived, according to a police report. Stingley was foaming at the mouth and had urinated through his clothes. The officer couldn’t find a pulse. Stingley never regained consciousness, dying at a hospital two weeks later.
Craig Stingley unsuccessfully sought a meeting with Chisholm in 2015 to discuss the lack of charges. “Feel free to seek legal advice in the private sector regarding your Constitutional Rights,” an assistant to Chisholm replied to Stingley in an email. “I extend my deepest sympathy to you and your family!”
Stingley’s review of the video, however, did bring about another legal opportunity in 2017, after he notified West Allis police that there was footage showing Laumann with his arm around the teen’s throat. (Laumann had denied putting him in a headlock.) A Racine County district attorney was appointed to review the evidence again. She issued no report for three years, until pressed by the court, then concluded that no charges were warranted.
Finally, Stingley discovered an obscure Wisconsin “John Doe” statute. It allows private citizens to petition a judge to consider whether a crime had been committed if a district attorney refuses to issue a criminal complaint.
A former process engineer for an electrical transformer manufacturer, Stingley had no legal training. Still, in November 2020, he filed a 14-page petition with the then-chief judge of the Milwaukee County Circuit Court, Mary Triggiano. It cited legal authority and “material facts,” including excerpts from police reports, witness statements and stills from the surveillance video. Stingley quoted former U.S. Supreme Court Justice Louis Brandeis in the petition and the British statesman William Gladstone: “Justice delayed is justice denied.”
That led to the appointment in July 2022 of Dane County District Attorney Ismael Ozanne to review the case. But that process was slowed by procedural hurdles. Stingley took the delays in stride, saying he trusted that Ozanne and his staff were treating the matter seriously and acting appropriately.
In 2024, Stingley said, Ozanne’s office advised him that they had found sufficient evidence to issue charges against Cole and Beringer but could not guarantee that a jury would deliver a guilty verdict. Stingley, researching the family’s options, said he inquired about the restorative justice process. The DA’s office supported the idea, arranging for him and the two men to meet under the supervision of the Andrew Center for Restorative Justice, part of the law school at Milwaukee’s Marquette University. The program is run by Triggiano, who’d retired from the court.
The concept of restorative justice can be traced back to indigenous cultures, where people sat together to talk through conflict and solve problems. It emerged in the United States in criminal justice systems in the 1970s as a way to provide alternatives to prison and restitution to victims. Elsewhere, it has notably been used to address the aftermath of genocide in Rwanda, where beginning in 2002 truth-telling forums led to forgiveness and reconciliation.
Stingley, who has three remaining grown children and four grandchildren, desperately wanted “balance restored” for his family. He decided the best path forward was to meet with the men he considered responsible for his son’s death.
Craig Stingley now sees the charges as a message of accountability in his son’s case. (Taylor Glascock for ProPublica)
The quest for closure
Stingley brought photos of Corey to the restorative justice meeting with Berringer in April.
The goal: to respectfully share their perspectives on the tragedy and how it impacted each of them personally. What was said was not recorded or transcribed. It was not for use in any court proceeding.
The sessions began with the Stingley family sharing heartfelt stories about Corey as a son, brother, student and friend. They spoke of their great bond, Corey’s love of sports and their struggle to cope with his absence.
When discussion turned to what happened in the store, Stingley said, Berringer described having only faint memories of the fatal encounter. He recalled a brief struggle and grabbing the teen by his jacket, not his hair.
Before departing the meeting, a tearful Beringer told Stingley he was looking for peace, Stingley recalled.
Cotton, Beringer’s attorney, told ProPublica that the incident and the legal steps affected his client in profound ways. “He’s had anxiety really from this from day one,” Cotton said.
The result, he said: “Sleeplessness. Horrible anxiety. Fearful because he has to go to court.”
Does the resolution ease Beringer’s mind? “I don’t know,” Cotton said, adding that the hope is that the Stingley family finds solace in the resolution process.
Cole, in a meeting in May with Stingley and some of his family, brought a gift: a pair of angel wings on a gold chain with a small “C” charm and several clear reflective orbs. With it came a handwritten note, saying: “I hope this sun catcher brings a gentle reflection of the love & light of Corey’s memory and that you feel his presence shining on you each day.”
“I told him I appreciate the gesture,” Stingley said.
Cole, according to Stingley, told him that he felt something other than the altercation — perhaps some health ailment — led to Corey’s demise.
Stingley invited Cole to watch the surveillance video together at a second session. As that day neared, in July, Stingley considered backing out. “It was almost as if I had to drag myself up out of the car,” he said. But he said he realized that he’d been preparing for such an event for 13 years: to come to some honest reckoning with the men involved.
After watching the video, he and Cole reviewed the death certificate, showing the medical examiner’s conclusions. Stingley said Cole stressed that he did not choke Corey but came to realize that what happened in the store caused the teen to lose his life, not any preexisting condition. The acknowledgment eased Stingley’s burden.
“I felt like I was reaching a place where I was finally going to get the justice that I’ve been pursuing,” Stingley said, “and this is one of the steps I had to go through to get that completed.”
Triggiano commended each of the participants for their courage in meeting and the Stingley family for “seeking the humanity of their son as opposed to vengeance.” She said Beringer and Cole “keenly listened, reflected and really acknowledged their connection to the events that led to Corey’s death.”
“The conversations were emotional and difficult but deeply human,” she said.
After the loss of his son, Stingley wanted to see the three men imprisoned. But so many years later, justice now looks different. Now Laumann is dead. Beringer is changed by the experience. And Cole is a father eager to protect his own children.
Now, in Stingley’s eyes, prison is beside the point. Criminal charges will stand instead as a strong signal of accountability, of justice — and of a father’s unyielding love.
ProPublica is a nonprofit newsroom that investigates abuses of power.
CHARLOTTE, NORTH CAROLINA - NOVEMBER 19: A person is detained by U.S. Border Patrol agents inside a fast food restaurant that is under construction on November 19, 2025 in Charlotte, North Carolina. The man sustained injuries to his face while agents wrestled him to the ground after he tried to run. Federal Agents are carrying out "Operation Charlotte's Web," an ongoing immigration enforcement surge across the Charlotte region.(Photo by Ryan Murphy/Getty Images)
This story was originally published by ProPublica.
Immigration agents have put civilians’ lives at risk using more than their guns.
An agent in Houston put a teenage citizen into a chokehold, wrapping his arm around the boy’s neck, choking him so hard that his neck had red welts hours later. A black-masked agent in Los Angeles pressed his knee into a woman’s neck while she was handcuffed; she then appeared to pass out. An agent in Massachusetts jabbed his finger and thumb into the neck and arteries of a young father who refused to be separated from his wife and 1-year-old daughter. The man’s eyes rolled back in his head and he started convulsing.
After George Floyd’s murder by a police officer six years ago in Minneapolis — less than a mile from where an Immigration and Customs Enforcement agent shot and killed Renee Good last week — police departments and federal agencies banned chokeholds and other moves that can restrict breathing or blood flow.
But those tactics are back, now at the hands of agents conducting President Donald Trump’s mass deportation campaign.
Examples are scattered across social media. ProPublica found more than 40 cases over the past year of immigration agents using these life-threatening maneuvers on immigrants, citizens and protesters. The agents are usually masked, their identities secret. The government won’t say if any of them have been punished.
In nearly 20 cases, agents appeared to use chokeholds and other neck restraints that the Department of Homeland Security prohibits “unless deadly force is authorized.”
About two dozen videos show officers kneeling on people’s necks or backs or keeping them face down on the ground while already handcuffed. Such tactics are not prohibited outright but are often discouraged, including by federal trainers, in part because using them for a prolonged time risks asphyxiation.
We reviewed footage with a panel of eight former police officers and law enforcement experts. They were appalled.
This is what bad policing looks like, they said. And it puts everyone at risk.
“I arrested dozens upon dozens of drug traffickers, human smugglers, child molesters — some of them will resist,” said Eric Balliet, who spent more than two decades working at Homeland Security Investigations and Border Patrol, including in the first Trump administration. “I don’t remember putting anybody in a chokehold. Period.”
“If this was one of my officers, he or she would be facing discipline,” said Gil Kerlikowske, a longtime police chief in Seattle who also served as Customs and Border Protection commissioner under President Barack Obama. “You have these guys running around in fatigues, with masks, with ‘Police’ on their uniform,” but they aren’t acting like professional police.
Over the past week, the conduct of agents has come under intense scrutiny after an ICE officer in Minneapolis killed Good, a mother of three. The next day, a Border Patrol agent in Portland, Oregon, shot a man and woman in a hospital parking lot.
Top administration officials rushed to defend the officers. Speaking about the agent who shot Good, DHS Secretary Kristi Noem said, “This is an experienced officer who followed his training.”
Officials said the same thing to us after we showed them footage of officers using prohibited chokeholds. Federal agents have “followed their training to use the least amount of force necessary,” department spokesperson Tricia McLaughlin said.
“Officers act heroically to enforce the law and protect American communities,” White House spokesperson Abigail Jackson said.
Both DHS and the White House lauded the “utmost professionalism” of their agents.
Our compilation of incidents is far from complete. Just as the government does not count how often it detains citizens or smashes through vehicle windows during immigration arrests, it does not publicly track how many times agents have choked civilians or otherwise inhibited their breathing or blood flow. We gathered cases by searching legal filings, social media posts and local press reports in English and Spanish.
Given the lack of any count over time, it’s impossible to know for certain how agents’ current use of the banned and dangerous tactics compares with earlier periods.
But former immigration officials told us they rarely heard of such incidents during their long tenures. They also recalled little pushback when DHS formally banned chokeholds and other tactics in 2023; it was merely codifying the norm.
That norm has now been broken.
One of the citizens whom agents put in a chokehold was 16 years old.
Tenth grader Arnoldo Bazan and his father were getting McDonald’s before school when their car was pulled over by unmarked vehicles. Masked immigration agents started banging on their windows. As Arnoldo’s undocumented father, Arnulfo Bazan Carrillo, drove off, the terrified teenager began filming on his phone. The video shows the agents repeatedly ramming the Bazans’ car during a slow chase through the city.
Bazan Carrillo eventually parked and ran into a restaurant supply store. When Arnoldo saw agents taking his father violently to the ground, Arnoldo went inside too, yelling at the agents to stop.
One agent put Arnoldo in a chokehold while another pressed a knee into his father’s neck. “I was going to school!” the boy pleaded. He said later that when he told the agent he was a citizen and a minor, the agent didn’t stop.
“I started screaming with everything I had, because I couldn’t even breathe,” Arnoldo told ProPublica, showing where the agent’s hands had closed around his throat. “I felt like I was going to pass out and die.”
DHS’ McLaughlin accused Arnoldo’s dad of ramming his car “into a federal law enforcement vehicle,” but he was never charged for that, and the videos we reviewed do not support this claim. Our examination of his criminal history — separate from any immigration violations — found only that Bazan Carrillo pleaded guilty a decade ago to misdemeanor driving while intoxicated.
McLaughlin also said the younger Bazan elbowed an officer in the face as he was detained, which the teen denies. She said that Arnoldo was taken into custody to confirm his identity and make sure he didn’t have any weapons. McLaughlin did not answer whether the agent’s conduct was justified.
Experts who reviewed video of the Bazans’ arrests could make no sense of the agents’ actions.
“Why are you in the middle of a store trying to grab somebody?” said Marc Brown, a former police officer turned instructor who taught ICE and Border Patrol officers at the Federal Law Enforcement Training Centers. “Your arm underneath the neck, like a choking motion? No! The knee on the neck? Absolutely not.”
DHS revamped its training curriculum after George Floyd’s murder to underscore those tactics were out of bounds, Brown said. “DHS specifically was very big on no choking,” he said. “We don’t teach that. They were, like, hardcore against it. They didn’t want to see anything with the word ‘choke.’”
After agents used another banned neck restraint — a carotid hold — a man started convulsing and passed out.
In early November, ICE agents in Fitchburg, Massachusetts, stopped a young father, Carlos Sebastian Zapata Rivera, as he drove with his family. They had come for his undocumented wife, whom they targeted after she was charged with assault for allegedly stabbing a co-worker in the hand with scissors.
Body camera footage from the local police, obtained by ProPublica, captured much of what happened. The couple’s 1-year-old daughter began crying. Agents surrounded the car, looking in through open doors.
According to the footage, an agent told Zapata Rivera that if his wife wouldn’t come out, they would have to arrest him, too — and their daughter would be sent into the foster system. The agent recounted the conversation to a local cop: “Technically, I can arrest both of you,” he said. “If you no longer have a child, because the child is now in state custody, you’re both gonna be arrested. Do you want to give your child to the state?”
Zapata Rivera, who has a pending asylum claim, clung to his family. His wife kept saying she wouldn’t go anywhere without her daughter, whom she said was still breastfeeding. Zapata Rivera wouldn’t let go of either of them.
Federal agents seemed conflicted on how to proceed. “I refuse to have us videotaped throwing someone to the ground while they have a child in their hands,” one ICE agent told a police officer at the scene.
But after more than an hour, agents held down Zapata Rivera’s arms. One, who Zapata Rivera’s lawyer says wore a baseball cap reading “Ne Quis Effugiat” — Latin for “So That None Will Escape” — pressed his thumbs into the arteries on Zapata Rivera’s neck. The young man then appeared to pass out as bystanders screamed.
The technique is known as a carotid restraint. The two carotid arteries carry 70% of the brain’s blood flow; block them, and a person can quickly lose consciousness. The tactic can cause strokes, seizures, brain damage — and death.
“Even milliseconds or seconds of interrupted blood flow to the brain can have serious consequences,” Dr. Altaf Saadi, a neurologist and associate professor at Harvard Medical School, told us. Saadi said she couldn’t comment on specific cases, “but there is no amount of training or method of applying pressure on the neck that is foolproof in terms of avoiding neurologic damage.”
In a bystander video of Zapata Rivera’s arrest, his eyes roll back in his head and he suffers an apparent seizure, convulsing so violently that his daughter, seated in his lap, shakes with him.
“Carotid restraints are prohibited unless deadly force is authorized,” DHS’ use-of-force policy states. Deadly force is authorized only when an officer believes there’s an “imminent threat of death or serious bodily injury” and there is “no alternative.”
In a social media post after the incident and in its statement to ProPublica, DHS did not cite a deadly threat. Instead, it referenced the charges against Zapata Rivera’s wife and suggested he had only pretended to have a medical crisis while refusing help from paramedics. “Imagine FAKING a seizure to help a criminal escape justice,” the post said.
“These statements were lies,” Zapata Rivera alleges in an ongoing civil rights lawsuit he filed against the ICE agent who used the carotid restraint. His lawyer told ProPublica that Zapata Rivera was disoriented after regaining consciousness; the lawsuit says he was denied medical attention. (Representatives for Zapata Rivera declined our requests for an interview with him. His wife has been released on bond, and her assault case awaits trial.)
A police report and bodycam footage from Fitchburg officers at the scene, obtained via a public records request, back up Zapata Rivera’s account of being denied assistance. “He’s fine,” an agent told paramedics, according to footage. The police report says Zapata Rivera wanted medical attention but “agents continued without stopping.”
Saadi, the Harvard neurologist, said that as a general matter, determining whether someone had a seizure is “not something even neurologists can do accurately just by looking at it.”
DHS policy bars using chokeholds and carotid restraints just because someone is resisting arrest. Agents are doing it anyway.
When DHS issued restrictions on chokeholds and carotid restraints, it stated that the moves “must not be used as a means to control non-compliant subjects or persons resisting arrest.” Deadly force “shall not be used solely to prevent the escape of a fleeing subject.”
But videos reviewed by ProPublica show that agents have been using these restraints to do just that.
In Los Angeles in June, masked officers from ICE, Border Patrol and other federal agencies pepper-sprayed and then tackled another citizen, Luis Hipolito. As Hipolito struggled to get away, one of the agents put him in a chokehold. Another pointed a Taser at bystanders filming.
Then Hipolito’s body began to convulse — a possible seizure. An onlooker warned the agents, “You gonna let him die.”
When officers make a mistake in the heat of the moment, said Danny Murphy, a former deputy commissioner of the Baltimore Police Department, they need to “correct it as quickly as possible.”
That didn’t happen in Hipolito’s case. The footage shows the immigration agent not only wrapping his arm around Hipolito’s neck as he takes him down but also sticking with the chokehold after Hipolito is pinned on the ground.
The agent’s actions are “dangerous and unreasonable,” Murphy said.
Asked about the case, McLaughlin, the DHS spokesperson, said that Hipolito was arrested for assaulting an ICE officer. Hipolito’s lawyers did not respond to ProPublica’s requests for comment.
According to the Los Angeles Times, Hipolito limped into court days after the incident. Another citizen who was with him the day of the incident was also charged, but her case was dropped. Hipolito pleaded not guilty and goes to trial in February.
Some of the conduct in the footage isn’t banned — but it’s discouraged and dangerous.
Placing a knee on a prone subject’s neck or weight on their back isn’t banned under DHS’ use-of-force policy, but it can be dangerous — and the longer it goes on, the higher the risk that the person won’t be able to breathe.
“You really don’t want to spend that amount of time just trying to get somebody handcuffed,” said Kerlikowske, the former CPB commissioner, of the video of the arrest in Portland.
Brown, the former federal instructor and now a lead police trainer at the University of South Carolina, echoed that. “Once you get them handcuffed, you get them up, get them out of there,” he said. “If they’re saying they can’t breathe, hurry up.”
Taking a person down to the ground and restraining them there can be an appropriate way to get them in handcuffs, said Seth Stoughton, a former police officer turned law professor who also works at the University of South Carolina. But officers have long known to make it quick. By the mid-1990s, the federal government was advising officers against keeping people prolongedly in a prone position.
When a federal agent kneeled on the neck of an intensive care nurse in August, she said she understood the danger she was in and tried to scream.
“I knew that the amount of pressure being placed on the back of my neck could definitely hurt me,” said Amanda Trebach, a citizen and activist who was arrested in Los Angeles while monitoring immigration agents. “I was having a hard time breathing because my chest was on the ground.”
McLaughlin, the DHS spokesperson, said Trebach impeded agents’ vehicles and struck them with her signs and fists.
Trebach denies this. She was released without any charges.
“No, no!” one bystander exclaims. “He’s not doing anything!”
DHS’ McLaughlin did not respond to questions about the incident.
Along with two similarchoking incidents at protests outside of ICE facilities, this is one of the few videos in which the run-up to the violence is clear. And the experts were aghast.
“Without anything I could see as even remotely a deadly force threat, he immediately goes for the throat,” said Ashley Heiberger, a retired police captain from Pennsylvania who frequently testifies in use-of-force cases. Balliet, the former immigration official, said the agent turned the scene into a “pissing contest” that was “explicitly out of control.”
“It’s so clearly excessive and ridiculous,” Murphy said. “That’s the kind of action which should get you fired.”
“How big a threat did you think he was?” Brown said, noting that the officer slung his rifle around his back before grabbing and body-slamming the protester. “You can’t go grab someone just because they say, ‘F the police.’”
In November, Border Patrol agents rushed into the construction site of a future Panda Express in Charlotte, North Carolina, to check workers’ papers. When one man tried to run, an officer put him in a chokehold and later marched him out, bloodied, to a waiting SUV.
Freelance photographer Ryan Murphy, who had been following Border Patrol’s convoys around Charlotte, documented the Panda Express arrest.
“Their tactics are less sophisticated than you would think,” he told ProPublica. “They sort of drive along the streets, and if they see somebody who looks to them like they could potentially be undocumented, they pull over.”
Experts told ProPublica that if officers are targeting a specific individual, they can minimize risks by deciding when, where and how to take them into custody. But when they don’t know their target in advance, chaos — and abuse — can follow.
“They are encountering people they don’t know anything about,” said Scott Shuchart, a former assistant director at ICE.
“The stuff that I’ve been seeing in the videos,” Kerlikowske said, “has been just ragtag, random.”
There may be other factors, too, our experts said, including quotas and a lack of consequences amid gutted oversight. With officers wearing masks, Shuchart said, “even if they punch grandma in the face, they won’t be identified.”
As they sweep into American cities, immigration officers are unconstrained — and, the experts said, unprepared. Even well-trained officers may not be trained for the environments where they now operate. Patrolling a little-populated border region takes one set of skills. Working in urban areas, where citizens — and protesters — abound, takes another.
DHS and Bovino did not respond to questions about their agents’ preparation or about the chokehold in Charlotte.
Experts may think there’s abuse. Holding officers to account? That’s another matter.
Back in Houston, immigration officers dropped 16-year-old Arnoldo off at the doorstep of his family home a few hours after the arrest. His neck was bruised, and his new shirt was shredded. Videos taken by his older sisters show the soccer star struggling to speak through sobs.
Uncertain what exactly had happened to him, his sister Maria Bazan took him to Texas Children’s Hospital, where staff identified signs of the chokehold and moved him to the trauma unit. Hospital records show he was given morphine for pain and that doctors ordered a dozen CT scans and X-rays, including of his neck, spine and head.
From the hospital, Maria called the Houston Police Department and tried to file a report, the family said. After several unsuccessful attempts, she took Arnoldo to the department in person, where she says officers were skeptical of the account and their own ability to investigate federal agents.
Arnoldo had filmed much of the incident, but agents had taken his phone. He used Find My to locate the phone — at a vending machine for used electronics miles away, close to an ICE detention center. The footage, which ProPublica has reviewed, backed the family’s account of the chase.
The family says Houston police still haven’t interviewed them. A department spokesperson told ProPublica it was not investigating the case, referring questions to DHS. But the police have also not released bodycam footage and case files aside from a top sheet, citing an open investigation.
“We can’t do anything,” Maria said one officer told her. “What can HPD do to federal agents?”
Elsewhere in the country, some officials are trying to hold federal immigration officers to account.
In California, the state Legislature passed bills prohibiting immigration officers from wearing masks and requiring them to display identification during operations.
In Illinois, Gov. JB Pritzker signed a law that allows residents to sue any officer who violates state or federal constitutional rights. (The Trump administration quickly filed legal challenges against California and Illinois, claiming their new laws are unconstitutional.)
In Minnesota, state and local leaders are collecting evidence in Renee Good’s killing even as the federal government cut the state out of its investigation.
Arnoldo is still waiting for Houston authorities to help him, still terrified that a masked agent will come first. Amid soccer practice and making up schoolwork he missed while recovering, he watches and rewatches the videos from that day. The car chase, the chokehold, his own screams at the officers to leave his dad alone. His father in the driver’s seat, calmly handing Arnoldo his wallet and phone while stopping mid-chase for red lights.
The Bazan family said agents threatened to charge Arnoldo if his dad didn’t agree to be deported. DHS spokesperson McLaughlin did not respond when asked about the alleged threat. Arnoldo’s dad is now in Mexico.
Asked why an officer choked Arnoldo, McLaughlin pointed to the boy’s alleged assault with his elbow, adding, “The federal law enforcement officer graciously chose not to press charges.”
Nicole Foy is ProPublica’s Ancil Payne Fellow, reporting on immigration and labor. journalists Nicole Foy, McKenzie Funk, Joanna Shan, Haley Clark and Cengiz Yar gathered videos via Spanish and English social media posts, local press reports and court records. We then sent a selection of these videos to eight police experts and former immigration officials, along with as much information as we could gather about the lead-up to and context of each incident. The experts analyzed the videos with us, explaining when and how officers used dangerous tactics that appeared to go against their training or that have been banned under the Department of Homeland Security’s use-of-force policy.
We also tried to contact every person we could identify being choked or kneeled on. In some cases, we also reached out to bystanders.
Research reporter Mariam Elba conducted criminal record searches of every person we featured in this story. She also attempted to fact-check the allegations that DHS made about the civilians and their arrests. Our findings are not comprehensive because there is no universal criminal record database.
We also sent every video cited in this story to the White House, DHS, CBP, ICE, border czar Tom Homan and Border Patrol’s Gregory Bovino. DHS spokesperson Tricia McLaughlin provided a statement responding to some of the incidents we found but she did not explain why agents used banned tactics or whether any of the agents have been disciplined for doing so.