NEW MEXICO (KRQE) – The New Mexico ACLU is calling out Border Patrol, after a high-speed chase in Southern New Mexico resulted in a deadly crash. The ACLU insists that the crash was not properly investigated.

Officer body cam video shows the moment a New Mexico State Police Officer showed up to the scene of a roll-over crash in Southern New Mexico in August 2021. The SUV that rolled is mangled. The ACLU says the crash, along Highway 185 near Hatch, was the conclusion of a miles-long high-speed chase.

The driver of that SUV, Erik Molix, a United States citizen, blew through a border patrol checkpoint, sparking the chase. The ACLU says Molix did have undocumented immigrants in the car. Molix and one of the passengers died after being airlifted to an El Paso hospital. The other eight suffered severe injuries.

Rebecca Sheff, an immigration attorney for the ACLU is now representing Molix’s family. They acknowledge that what Molix was doing was illegal. “He might have gotten caught up with some wrong folks, made some bad decisions, he didn’t deserve to die,” said Sheff.

Sheff says the crash could have been prevented. “These high-speed chases, taken with little regard to public safety, with little regard to the harm that might be caused,” she said. On top of that, Sheff says the investigation of the crash was flawed.

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“Border Patrol has in-house teams, called critical incident teams,” Sheff said. “They are not independent, they are not impartial, in fact, their job is to make sure they minimize the risk of Border Patrol Agents being brought to court when things like this happen,” Sheff explained.

In May, Border Patrol announced they would be dismantling these critical incident teams by October, to “ensure our agency achieves the highest level of accountability.” We reached out to Border Patrol for comment on this case but did not hear back.