Sumas man said he was trying to shoot crows, not Border Patrol agent

PETER JENSEN - THE BELLINGHAM HERALD

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A Sumas man arrested for allegedly firing his rifle at a passing U.S. Border Patrol agent Wednesday night, May 20, denied aiming at the agent's car and said he was shooting at crows.

Kenneth R. Ericson, 43, made his first appearance in Whatcom County Superior Court Thursday and will be charged with second-degree assault.

He's being held in the Whatcom County Jail in lieu of $50,000 bail.

The Border Patrol agent was patrolling in a marked vehicle when he drove past Ericson's home on the 4300 block of Jones Road Wednesday night, Senior Deputy Prosecutor Elizabeth Gallery said at the court hearing.

He heard one loud crack that sounded like fireworks or a gunshot coming from the house, stopped his car, rolled down his window and began driving in reverse, Gallery said.

He then heard two more gunshots, and said he heard the bullets flying over the top of his car, Gallery said.

Believing he was being shot at, the agent drove to a nearby farm and called for backup. More Border Patrol agents, Whatcom County Sheriff's deputies and Sumas police officers arrived at the house and found Ericson on his patio holding a .22-caliber Marlin rifle.

Ericson told the officers they were overreacting and said he was only shooting at crows, Gallery said. He at first refused to drop the rifle because he said it would violate his Second Amendment rights.

He eventually dropped the weapon and was arrested.

NOTE: A previous version of this story incorrectly stated the Border Patrol agent was responding to a shots fired complaint. He was patrolling on duty when he heard the shots.