A man who the FBI said has a criminal history of human smuggling was charged with counts including assault Wednesday, a day after he was shot and wounded by a Border Patrol agent in Arizona after allegedly firing at a helicopter, officials said.
Patrick Gary Schlegel, a 34-year-old Arizona resident, was shot around 7:30 a.m. in Arivaca, about 10 miles north of the U.S.-Mexico border, said Heith Janke, special agent in charge of the FBI's Phoenix field division.
Schlegel was shot after a foot chase following a traffic stop related to an “active alien smuggling matter,” Janke said during a news conference Tuesday.
Before 7 a.m. Tuesday, Border Patrol agents had spotted a vehicle with multiple people inside, and when agents tried to make a stop, everyone fled, Pima County Sheriff Chris Nanos said.
Later, the Border Patrol agent recognized what he believed to be that vehicle and conducted a traffic stop, Nanos said. The driver — who was now the only person inside — got out and ran away, and the agent gave chase on foot, the sheriff said.
“Shots were fired from the suspect, and the agent returned fire. The suspect was hit,” Nanos said.
Schlegel was running and being chased on foot when he fired a handgun towards a helicopter piloted by a Customs and Border Protection agent, according to a criminal complaint filed in the case.
A Border Patrol agent who was chasing Schlegel then shot him, and Schlegel was injured in the leg and head, the complaint said.
No law enforcement officers were injured, officials said.
Schlegel was in serious but stable condition at a hospital Tuesday afternoon, Nanos said. Janke said Schlegel successfully underwent surgery.
He was charged Wednesday with federal counts of assault on a federal officer, transportation of an illegal alien, and being a convicted felon in possession of a firearm, according to court records.
A federal public defender listed in records as being assigned to represent Schlegel did not immediately respond to request for comment Wednesday.
Officials said Schlegel has a "previous alien smuggling conviction." The U.S. Marshals Service last year issued a federal arrest warrant for escape in relation to that conviction, Janke said.
Federal court records show that Schlegel was serving a 36-month sentence after pleading guilty in 2024 to one count of transportation of illegal aliens for profit and a gun possession count when he allegedly escaped last year.
Schlegel was serving part of that sentence at an institution for people pending release, according to the criminal complaint for the escape case. He signed out to go to alcohol evaluation and counseling on Dec. 15 but never returned, according to the complaint.
An attorney listed as representing Schlegel in the prior smuggling case had no comment Tuesday.
Schlegel is a resident of Sahuarita, a community south of Tucson and around 35 miles northeast of Arivaca, officials said.
The Pima County Sheriff's Department is investigating the use of force by the Border Patrol agent. It is standard practice to involve the sheriff’s department when a federal agent is involved in a shooting incident in Pima County, the department said.
The CBP Office of Professional Responsibility and the FBI are also investigating, Department of Homeland Security spokesperson Tricia McLaughlin said in a statement Tuesday night.
The shooting comes three days after Border Patrol fatally shot Alex Pretti in Minneapolis and weeks after an Immigration and Customs Enforcement officer shot and killed Renee Good in Minneapolis. Those shootings have triggered protests and generated criticism of DHS, including calls for Secretary Kristi Noem's firing.
House Democratic leaders Hakeem Jeffries of New York, Katherine Clark of Massachusetts and Pete Aguilar of California accused the Trump administration in a statement Tuesday of using taxpayer dollars "to kill American citizens." They also threatened to begin impeachment proceedings against Noem in the House if she is not fired.
Asked Tuesday whether Noem would step down, President Donald Trump told reporters on the White House South Lawn, "No."
Trump said border "czar" Tom Homan met with Minnesota leaders Tuesday.
Federal immigration officers have shot 12 people since September as DHS has ramped up deportation operations around the country.
