The head of the Border Patrol agents union said the agent killed last week in a shooting in southern Arizona apparently opened fire on two fellow agents thinking they were armed smugglers and was killed when they returned fire.
National Border Patrol Council President George McCubbin said Sunday that the two sets of agents approached an area where a sensor had been activated. He says they arrived from different directions early Tuesday when Agent Nicholas Ivie opened fire.
Acting Cochise County Sheriff Rod Rothrock confirmed the scenario but would not say if Ivie was the first to shoot.
The shooting happened a few miles north of the border with Mexico, in a well-known smuggling area.
Tucson attorney Sean Chapman confirmed with CBS 5 News on Tuesday that he is representing the male agent involved in the border patrol shooting.
Chapman said that the U.S. Customs and Border Protection union asked him to represent the agent, not the agent himself. Chapman said this is standard procedure.
Chapman said he's been with the agent through every step of questioning by federal authorities.
Chapman said the incident has been "tragic for everyone." He said the agent who fired is "really broken up" about the fatal shooting.
Chapman doesn't believe any charges will be filed.
The FBI announced Friday that the shooting appeared to be a case of friendly fire.
Stay with cbs5az.com and CBS 5 News for updates on this developing story.
Copyright 2012CBS 5 (Meredith Corporation). All rights reserved. The Associated Press contributed to this report.
Sunday, December 8 2013 4:11 PM EST2013-12-08 21:11:20 GMT
Manchester police are on scene of a possible homicide on Pine Street. Few details are being released, but witnesses reported a large police presence in the area shortly before 10 p.m.According to police,More >
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Tuesday, April 20 2010 11:21 PM EDT2010-04-21 03:21:00 GMT
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Sunday, December 8 2013 1:01 PM EST2013-12-08 18:01:52 GMT
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Saturday, December 7 2013 8:23 PM EST2013-12-08 01:23:35 GMT
State police said Saturday they arrested a Massachusetts man on kidnapping and drug charges stemming from a tip they received from the Human Trafficking Hotline. According to police, the hotline receivedMore >
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Sunday, December 8 2013 7:29 AM EST2013-12-08 12:29:01 GMT
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Stamford police have canceled an alert for a missing mother and her 1-year-old son.More >
Sunday, December 8 2013 11:23 AM EST2013-12-08 16:23:53 GMT
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A car crashed into a building Sunday morning in East Hartford.More >
Saturday, December 7 2013 6:26 PM EST2013-12-07 23:26:35 GMT
Photos courtesy of Scott Guo
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Several fire crews are on scene of a large fire in Pomfret at a local church.More >
Sunday, December 8 2013 8:20 AM EST2013-12-08 13:20:07 GMT
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State police are investigating a tractor trailer crash on I-84 East in Willington early Sunday morning.More >
Sunday, December 8 2013 7:20 AM EST2013-12-08 12:20:35 GMT
Police in Newtown say two people are seriously injured after a fire broke out at a home early Sunday morning.They say two people were trapped inside. Officers were able to help the two people escape. BothMore >
Police in Newtown say two people are seriously injured after a fire broke out at a home early Sunday morning.More >