U.S. CUSTOMS AND BORDER PROTECTION
COMMISSIONER MESSAGE TO THE CBP WORKFORCE
FINDINGS OF THE INVESTIGATION INTO THE DEATH OF BORDER PATROL AGENT ROGELIO
MARTINEZ
U.S. Customs and Border Protection and the U.S. Border Patrol continue to seek answers to
how Border Patrol Agent Rogelio Martinez lost his life while serving his country. Agent
Martinez died in the line of duty Nov. 19, 2017, as a result of traumatic injuries sustained near
Van Horn, Texas on Nov. 18. The circumstances surrounding Agent Martinez’s death have been
and continue to be, the focus of an extensive investigation at the federal, state and local levels.
The FBI is the lead agency of this comprehensive investigation.
At this time, the investigation is not complete, but a number of findings have been documented
and are reportable. When Agent Martinez was found by first responders, it was 11:26 p.m. on a
moonless night at the base of a culvert just off Interstate Highway 10. The height of the culvert
to the area above the opening is approximately nine feet.
Evidence and examination from the El Paso County Medical Examiner’s Office indicates that
Agent Martinez sustained traumatic injuries to his shoulder and to the side of his skull,
including multiple bone fractures on the same side of his upper torso. The MEO has reported
that blunt injuries of the head as the cause of death. The manner of death is undetermined.
The evidence also shows that the other agent fell approximately 22 feet away from where
Agent Martinez fell, landing on his back and sustaining significant injuries to his back and skull.
His resultant injuries have impaired the agent’s ability to recall the events of the incident.
We do not know all the answers at this time. However, according to the FBI, currently none of
the completed interviews, locations searched, or collected and analyzed evidence have
“produced evidence that would support the existence of a scuffle, altercation or attack.” The
FBI continues to investigate and will continue to follow leads as they arise. The case remains
subject to further investigation based upon new evidence or information.
The investigation has covered numerous possible scenarios, including whether Agent Martinez
might have been assaulted by criminal elements associated with alien or narcotics smuggling,
or any other criminal enterprise. Multiple sources provided information on various persons of
interest. All leads were thoroughly investigated; but to date, no viable evidence against any
criminal element has been developed. The absence of evidence is a key factor in this case—not
due to lack of effort or determination, but because evidence which would indicate the presence
of other persons or the commission of a criminal act is not present. As an example, there were
no defensive wounds on Agent Martinez or his partner who suffered injuries in this incident,
and there was no third-party blood or DNA evidence recovered from the scene or from the
agents’ clothing.

 Regarding the evidence and the investigative findings, the FBI extended their own capabilities
by enlisting the support of numerous outside sources to corroborate findings. The list included
physicians across the country, such as neurology experts associated with a professional sports
league familiar with brain injuries including concussions, and Department of Defense medical
personnel who have treated combat injuries and casualties. The FBI leveraged license plate
reader data from both U.S. Customs and Border Protection and from the Drug Enforcement
Administration. This license plate data was followed out nationwide by the FBI via contact with
each identifiable license plate owner. Examination of the scene also showed an absence of foot
sign beyond those of the agents and first responders. Complete and repeated cuts by
experienced sign cutters did not yield evidence of unidentified traffic.
In addition, the FBI exploited vast amounts of cellular data and followed up on tips from the FBI
Tip Line, Texas Crime Stoppers, and the El Paso Police Department Tip Line. Tips have been
investigated and no substantive evidence developed as a result. The FBI conducted hundreds of
interviews nationwide in furtherance of this investigation. In ensuring no resource has been
spared in this investigation, the FBI also used accident reconstruction professionals to examine
evidence and validate the physics associated with the findings.
The FBI’s investigation has focused on conclusively determining the details surrounding the
events of Nov. 18, 2017, and to determine what possibly happened to Agent Martinez and his
partner. The investigation has been exhaustive and has remained a top priority. The FBI El
Paso Division has been focused on this investigation as its top priority and has devoted all
appropriate resources with support from FBI Headquarters and 37 additional FBI offices
nationwide.
The investigation will remain open as all avenues are pursued. While current information is not
final or definitive, we know a great deal about what happened thanks to the FBI’s intensive
efforts. In today’s technologically advanced society, we have become accustomed to conclusive
answers; and as law enforcement professionals, we are intent on seeking justice when one of
our own is harmed. While we don’t have all the answers at this time, we remain committed to
supporting this effort and reporting additional information as it becomes available.