NEWS

Name of federal agent withheld. Killed escapee.

Mike Donoghue
Free Press Staff Writer

Federal officials say they plan to continue to withhold the name of the U.S. Customs and Border Patrol agent who fatally shot a New York prison escapee last week, at least for now.

New York State Police said the agent who shot convicted killer Richard Matt, 49, was a member of the U.S. Border Patrol Tactical Unit out of Vermont's Swanton sector.

The agent "discharged several rounds from a semi-automatic weapon striking Matt in the head three times," state police said. Matt carried a stolen 20-gauge shotgun, police said.

John C. Pfeifer, chief patrol agent for the Swanton sector, said the agency requires the name of the agent be withheld while an internal investigation into the use of force is undertaken.

The refusal to release the name stands in sharp contrast to New York officials, who identified state police Sgt. Jay Cook as the officer who shot and wounded the second escaped prisoner, David Sweat, at about 3:20 p.m. Sunday. The name was released later that afternoon.

Pfeifer said the Swanton sector, like other areas, has a tactical team, known as BORTAC. Members are "specially trained and equipped for rapid response to situations involving threats to national and border security requiring specialized tactics and training."

The El Paso Times is reporting that the law officer was a federal border agent assigned to BORTAC at Fort Bliss, Texas, who killed escapee Matt. The group is considered a special national team and were on special assignment to the massive three-week manhunt northern New York.

The Times story was based on the local commander of BORTAC, who asked to remain anonymous, the paper reported.

Pfeifer said Customs and Border Protection brought in additional support that included BORTAC members from the El Paso area along with a Black Hawk helicopter from Detroit.

Pfeifer and Kris Grogan, a Border Patrol spokesman, said the agency has policies and protocols that must be followed in officer-involved shootings. Withholding a shooter's name is part of the procedure, they said.

"We have our own investigations to go through with the use of force," Grogan said.

Grogan said he expects the name to be released within the coming days.

U.S. Sen. Chuck Schumer, D-N.Y., said Friday after the fatal shooting of Matt that the Border Patrol agent was from Vermont, The Associated Press reported. There has been no other source indicating the agent was tied to Vermont.

Attempts by the Burlington Free Press to reach Schumer were unsuccessful. His press office also failed to respond.

The Swanton sector of the Customs and Border Protection covers the international border from the Maine-New Hampshire line to the Ogdensberg, New York, area. There are eight border stations, including four in Vermont: Swanton, Richford, Newport and Canaan.

The other four stations are in New York: Champlain, Burke, Massena and Ogdensburg.

This combination made from photos released by the New York State Police shows inmates David Sweat, left, and Richard Matt. Authorities on Saturday, June 6, said Sweat, 35, and Matt, 48, both convicted murderers, escaped from the Clinton Correctional Facility in Dannemora, New York.

Federal policy

Pfeifer said the New York State Police requested assistance from the Swanton sector in support of the operation to find the two men who broke out of the Clinton Correctional Facility in Dannemora, N.Y., on June 6.

Hours after the capture of the second prisoner, New York Gov. Andrew Cuomo named and hailed the officer who shot and wounded David Sweat, 35. The governor called Cook a "hero" and mentioned the officer had two teenage daughters at home.

State police also provided additional background on Cook, including that he was a 21-year police veteran and had worked his career in B Troop, which covers the area of the escape.

The superintendent of the New York State Police made the decision to release the name immediately of Cook, department spokesman Beau Duffy told the Burlington Free Press.

It was unknown which border station the agent who shot Matt was assigned to or how long he had worked for Customs and Border Protection.

The 295-mile section of the international border covered by the Swanton sector has an authorized strength of about 300 agents, Pfeifer said. He declined to say how many members are part of BORTAC.

The use-of-force policy, guidelines and procedures covers 117 pages.

Sweat improves

Meanwhile, an Albany Medical Center spokesman in New York said David Sweat's condition had been upgraded from critical to serious.

Sweat was shot twice in the torso by Sgt. Cook as he tried to flee from the officer, officials said Sunday. Cook had spotted Sweat jogging along a road less than 2 miles from the Canadian border.

He initially WAS taken by ambulance to Alice Hyde Hospital in Malone, New York, and later airlifted to Albany.

"Following examination, it was determined by our trauma team that he did not require any surgeries at that time. The trauma team includes a trauma surgeon, an intensive care doctor, and other specialists," Albany Medical Center spokesman Jay Gordon said in a statement.

Sweat was observed and treated overnight for his injuries.

He is expected to remain at the hospital "for at least a few days while his condition stabilizes."

This story was posted online June 29, 2015. Contributing: Elizabeth Murray, Free Press. Contact Mike Donoghue at 660-1845 or mdonoghue@freepressmedia.com. Follow Mike on Twitter at www.twitter.com/FreepsMikeD.