A Mexican national accused of grabbing a Dallas school police officer's gun and shooting him in the leg during a roadside struggle has been indicted on a federal firearms charge, federal prosecutors announced Wednesday.
Jose Santiago Pantoja-Morales, 27, was charged by a federal grand jury on Sept. 16 with possession of a firearm by an illegal alien, according to the U.S. Attorney's Office for the Northern District of Texas. The charge carries a maximum penalty of 15 years in federal prison if he is convicted.
The indictment stems from an Aug. 6 encounter near the Lyndon B. Johnson Freeway in Dallas. According to a federal complaint, Pantoja-Morales had jumped out of a co-worker's car and into the freeway's center median. The co-worker flagged down a uniformed Dallas Independent School District police officer who was on routine patrol and asked for help.
The officer offered Pantoja-Morales a ride to a nearby safe location, prosecutors said. During the ride, Pantoja-Morales allegedly began rummaging through the officer's bag in the back seat. The officer pulled over and tried to remove him from the vehicle, but Pantoja-Morales resisted, leading to a physical struggle.
During the fight, Pantoja-Morales allegedly grabbed the officer's gun and fired once, striking the officer in the femoral artery of his right leg, according to the complaint. Despite being wounded, the officer regained control of his weapon. Pantoja-Morales ran from the scene and was quickly apprehended by law enforcement.
Another DISD officer provided medical treatment at the scene before the wounded officer was taken to Parkland Hospital for further treatment. The officer's current condition was not disclosed in the announcement.
U.S. Attorney Ryan Raybould said the case represents a direct threat to public safety and an attack on the rule of law. «The illegal alien's alleged actions in this case represent an attack on the rule of law and a direct threat to public safety,» Raybould said in a news release. «Every day, we ask the men and women who wear the badge to stand between good and evil. It is my duty — and the duty of this office — to do all we can to protect those who protect us.»
Raybould added that violence against an officer will not be tolerated and that his office will pursue the prosecution with the utmost rigor to ensure full accountability.
Pantoja-Morales is awaiting transfer to federal custody under a writ of habeas corpus filed Wednesday. The case was investigated by the ATF Dallas Field Office and the Dallas Police Department. Assistant U.S. Attorney Nadin-Sarah Salkic is prosecuting.
The indictment adds to a growing set of federal firearms prosecutions involving people accused of being in the country illegally. In a separate recent case, the Justice Department announced charges against a Nevada man accused of funneling 140 guns to violent Mexican drug cartels, including military-style rifles. In another case, ICE lodged a detainer for an illegal immigrant accused of trying to disarm a Virginia police officer.
The Dallas case now moves toward trial in federal court, where prosecutors will seek to prove that Pantoja-Morales possessed the officer's firearm while unlawfully present in the United States. No trial date has been set.