ICE agent opened fire during job performance talk

Updated 6:43 p.m. ET: A fatal shooting in a Immigration and Customs Enforcement office in Southern California occurred as an agent was being counseled on his performance by a high-ranking ICE official, the FBI said Friday.

Authorities identified the gunman as supervisory special agent Ezequiel Garcia, 45, and the victim as Kevin Kozak, 51, deputy special agent in charge of the Los Angeles area.

The shooting happened just before 6 p.m. Thursday on the seventh floor of the Glenn M. Anderson Federal Building in Long Beach, about 20 miles south of downtown Los Angeles.


Read the original story on NBCLosAngeles.com

Garcia was killed by another agent who intervened after Kozak had been shot six times. Kozak was in stable condition Friday at a nearby hospital and was described as alert and talking.

"He is a fighter, and I believe that's why he's alive today," said Claude Arnold, ICE special agent in charge. "He refused to succumb to his injuries and in law enforcement that's what makes the difference between people who go home at the end of the day and those who don't." 

Authorities did not provide details regarding the discussion that preceded the shooting, but would only say it was related to Garcia's job performance.

However, a federal official with knowledge of the investigation told The Associated Press that Kozak, the second in command of the
Los Angeles area, had denied a request for an internal transfer request by Garcia.

Garcia initially worked for the now defunct Immigration and Naturalization Service and was promoted to supervisor within ICE in 2004.

He was a plaintiff in lawsuit against the Los Angeles Police Department after he and another ICE agent claimed they were roughed up by five officers while doing undercover work. A federal jury found in the police officers' favor in 2005, saying they didn't use excessive force.

The Long Beach federal building houses ICE, the Internal Revenue Service and the U.S. Probation and Parole Office.

Along with the FBI, the shooting was being investigated by ICE's Office of Professional Responsibility and Long Beach police.

The Associated Press and NBCLosAngeles.com contributed to this story.

More content from msnbc.com and NBC News

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"See, now that's exactly the kind of poor performance I was talking about."

  • 34 votes
Reply#1 - Fri Feb 17, 2012 5:49 PM EST

Haha, I thought the same thing... six shots?! I'm glad another agent intervened, but this is still a senseless tragedy.

  • 7 votes
#1.1 - Fri Feb 17, 2012 5:51 PM EST

He must have realized that this guy was a T-800 terminator and tried to save the future...

  • 1 vote
#1.2 - Fri Feb 17, 2012 6:46 PM EST

Your performance was bad so we're not giving you your cut.

.

  • 7 votes
#1.3 - Fri Feb 17, 2012 7:21 PM EST

He shot six times at point blank and didn't kill him? That IS poor performance. Epic fail...

  • 10 votes
#1.4 - Fri Feb 17, 2012 9:40 PM EST

LMFAO!!!!

    #1.5 - Fri Feb 17, 2012 9:51 PM EST

    Hmmmm? Maybe he wasn't intending on killing him but wanted him to suffer? They do not say where he was hit. Anyways what do I know?

    • 2 votes
    #1.6 - Fri Feb 17, 2012 11:19 PM EST

    Garcia was killed by another agent who intervened after Kozak had been shot six times. Kozak was in stable condition Friday at a nearby hospital and was described as alert and talking.

    "He is a fighter, and I believe that's why he's alive today," said Claude Arnold, ICE special agent in charge. "He refused to succumb to his injuries and in law enforcement that's what makes the difference between people who go home at the end of the day and those who don't."

    Really? Ok, Claude Arnold ICE special agent in charge, get yourself shot six times -- and be sure to not succumb to the injury. The difference between people who go home at the end of the day and those who don't is WHERE THEY GET SHOT AND HOW SOON HELP ARRIVES. Even "fighters" can bleed out.

    • 13 votes
    #1.7 - Fri Feb 17, 2012 11:43 PM EST

    Agreed, The Quacked One. I was reading that crap and thought, "Wow, what a heartless and frankly snotty thing to say. So I guess all the other soldiers and law enforcement officers who DID die after succumbing to their injuries just weren't fighters and didn't REFUSE to succumb. What weaklings."

    Read Claude Arnold's comment again:

    "He is a fighter, and I believe that's why he's alive today," said Claude Arnold, ICE special agent in charge. "He refused to succumb to his injuries and in law enforcement that's what makes the difference between people who go home at the end of the day and those who don't."

    If he had stopped after the first sentence, that would have been quite admirable enough. But then he goes on to sully the memory of others who didn't "go home at the end of the day." Seriously, I hope surviving family members, widows, and such of people who have given their lives in the service and protection of others don't read that comment from Mr. Arnold. Just the height of arrogant insensitivity. It's very possible to support your colleague without denigrating others. Man... I'm not sure why, but that whole quotation just pissed me off!

    • 7 votes
    #1.8 - Sat Feb 18, 2012 12:20 AM EST

    It's kind of funny the cops and other authorities are getting so corrupt and messed up their beating up on each other then filing civil suits and even they get screwed by the court then they shoot their own in a review ending in one of them killing one of their own and now the last shooter will get his two week paid vacation for killing the six shooter. I agree with those who say the guy that was shot isn't some tough hero, he just got shot in the right places and probably got the best medical attention faster than the average citizen. I obey the law and even have tried to find something to like about cops, even trying to talk like fellow citizens, when they were my neighbors or had kids at my kids baseball or soccer games, but I have never met one with anything good about them. I don't know if they are trained to be jerks or if it's only jerks who become cops. They will talk to you under those circumstances like anyone else, but as you talk you learn how mentally twisted their minds are, you can tell a psyc evaluation for them must be to determine if they are psyco enough to have cop job.

    • 2 votes
    #1.9 - Sat Feb 18, 2012 12:58 AM EST

    Apparently Garcia had diminished interpersonal skills and was particularly slow in conflict resolution - no doubt brought on poor weapons qualification.

    • 5 votes
    #1.10 - Sat Feb 18, 2012 1:04 AM EST

    Si Vis Pacem, Para Bellum is the only comment that got it right.

      #1.11 - Sun Feb 19, 2012 8:15 AM EST

      Situation really isn't funny, but some of these comments, you gotta laugh!

        #1.12 - Sun Feb 19, 2012 10:40 AM EST

        When Kozak saw Garcia going for his gun, I doubt he just sat there and allowed himself to be shot six times. A couple probably hit vital areas, but I'll bet that some of those GSWs were to extremities or grazing shots. If Garcia had placed all six shots into CBM, Kozak would be deader than the proverbial doornail.

          #1.13 - Sun Feb 19, 2012 5:56 PM EST

          Most of the shots probably hit his ass while he was running away! It is comical the way bullies bully each other like boys playing leap frog. Anybody who ever sat through a performance review has wanted to kill somebody!

          I guess the bossman was just not as tough as he thought he was.

            #1.14 - Mon Feb 20, 2012 1:18 AM EST
            Reply

            Maybe they should be doing deeper background checks on their employees before they focus on illegal immigrants.

            That said, Mr. Kozak took six rounds and is in stable condition?! To say he's an absolute stud would be the understatement of the year. Awesome.

            But this does beg a question: Shouldn't employees that wear guns be required to leave them at home on the day of their evaluation? Sure, they could bring it back the following day, but maybe that 24 hours would be enough for them to cool off.

            • 17 votes
            Reply#2 - Fri Feb 17, 2012 5:53 PM EST

            Two things: First, the best background check in the world can't always prevent something like this. Even the most stable upstanding citizen can snap.

            Second, the fact that this guy took six shots an lived tells me exactly one thing: ICE Agents need better weapons training. Sure its pretty amazing for someone to live after being shot six times, but if the shooter was a good marksman it probably wouldn't matter how tough the guy he shot was.

            • 11 votes
            #2.1 - Fri Feb 17, 2012 6:04 PM EST

            These guys are 'on duty' 24/7. They are required to always carry, and that is why Garcia was taken down after only shooting one person. My thanks to all of those who serve, and I certainly hope Agent Kozak has a very speedy recovery! Many of these folks do this job their whole life, and know nothing else. Sad that Garcia was only 2 years to be able to retire and he freaked. Keep in mind he served his community for years before this, I'll keep his family in my prayers as well as all the agents out here making LA a little safer. It certainly sounds like some of them need better personality screening... I know they have very high clearances and extensive backgrounds. Might be time to add better psyc profiles...

            • 6 votes
            #2.2 - Fri Feb 17, 2012 6:07 PM EST

            You know, very happy Agent Kozak is stable and alert, and thanks to the agent who came to his defense - BUT 6 shots, and still alive. Maybe the evaluation included poor marksmanship. I'll apologize in advance for saying that, but that's just unbelievable.

            • 3 votes
            #2.3 - Fri Feb 17, 2012 6:09 PM EST

            Babyboomer..he didn't miss the target.. the victim was shot six times..not shot at six times.

              #2.4 - Fri Feb 17, 2012 7:04 PM EST

              Mike...It shouldn't take six shots to kill someone. I'd agree with Baby on that one. Either he was a very bad marksman, or a pretty good one trying to commit suicide by cop.

              • 2 votes
              #2.5 - Fri Feb 17, 2012 8:05 PM EST

              This is why the LEO's in my town pump 10-20 rounds into their target. They like to make sure they are dead. Less questions that way.

              • 3 votes
              #2.6 - Fri Feb 17, 2012 8:57 PM EST

              The dumb ass responses are made by children of the liberal school system, T-800, Bla Bla. The question is why was Garcia wanting a transfer and if another police agency states an agency was over the limits by "roughing them up" its obvious that there is more to the story.....Lets see the ICE agent GARCIA maybe be hispanic and got his ass kicked by LAPD possibly from officers of a different color or race. UHMMMM, could be there was other officers stating Garcia should have kicked ass back...There have been many stings on LAPD and in the end jury couldnt find anybody quilty of anything. OR Garcias supervisor was demanding him to drop the law suit and he didnt and now they are retaliating. This whole thing stinks and we will never find out what really happened unless someone with balls steps up. Typical of govt agencies in every area and level, hang the subordinate first then make sure your payoffs hit the bank on time. ICE what a waste of tax payers money, they refused to deport, uphold laws and rid the United States of the scurge of dope dealers, people trafficers, and baby anchorers,. Proof look at Arizona, obama and holder wont even stand up thats how much of a sanitary napikin they are. Oh, by the way Garcia was a bad shot and should have been ordered to the range. Any good officer anywhere in law enforcement should have had been able to do a triple tap and got the desired results.

              Mike in Afghanistan

              • 4 votes
              #2.7 - Fri Feb 17, 2012 9:34 PM EST

              You shouldn't hire people that are required to leave their gun at home the day of their evaluation.

              Do you want to pass a law???? More Government within government.

              If you are a intelligent,mentally stable adult, you should be able to listen to criticism about your job performance without wanting to kill the person.

              • 3 votes
              #2.8 - Fri Feb 17, 2012 9:37 PM EST

              In the words of the Little Mermaid's boyfriend, "Something smells fishy." Garcia was a supervisor and shot his supervisor at point blank range 6 times and doesn't manage to kill him. With his being a law enforcement officer, I would think he'd have to pass rigorous firearms training and stay up-to-date on his skills. So, I'm wondering if Garcia inentionally shot Kozak in areas that wouldn't kill him, knowing that other agents in the office would kill him to protect Kozak. My vote is suicide by cop.

              • 1 vote
              #2.9 - Sat Feb 18, 2012 12:43 AM EST

              If you are a intelligent,mentally stable adult, you should be able to listen to criticism about your job performance without wanting to kill the person.

              Tell you what. You just go on assuming everyone is as you wish. I'll have my employees leave their weapons at home.

              • 1 vote
              #2.10 - Sat Feb 18, 2012 12:47 AM EST

              After reading this article, I had to see what comments and opinions others had about this. Not that we are privy to all of the details. However, I had similar thoughts and agree with DirtySouth - suicide by cops. It just does not seem plausible that a person that is trained to kill, to be able to shoot at someone during a face-to-face employment review six times, and that person still lives to tell their story, yet you die. It's sad because it is apparent that Garcia believed that the system would correct a wrong - - when filing case against LAPD (the most corrupt law enforcement) about an incident that happened on January 11, 2000. However, it would appear that his anger was against the LAPD, not about the ICE...so why did Garcia want an internal transfer?????

              • 1 vote
              #2.11 - Sat Feb 18, 2012 11:19 AM EST

              Do you really believe that someone shoots someone else six times without intending to kill them? Really? You really think this was suicide and not intent to murder? WOW!!!

              Bartender, I'll have what that guy is drinking.

                #2.12 - Sat Feb 18, 2012 10:01 PM EST

                @Honeydew:

                The New Orleans P.D. makes the LAPD look like paladins. Easily the most corrupt police force in any major city in America.

                  #2.13 - Sun Feb 19, 2012 5:43 PM EST
                  Reply

                  So, the guy was doing a crappy job. Must have been as bad as his shooting.

                  • 8 votes
                  Reply#3 - Fri Feb 17, 2012 6:06 PM EST

                  Affirmative action hiring. Can't do the job? Scream racism!

                  • 1 vote
                  #3.1 - Fri Feb 17, 2012 11:27 PM EST

                  To spike, Hispanic is not a race its an ethnicity, "git sum bok lernin'."

                    #3.2 - Sun Feb 19, 2012 9:01 PM EST
                    Reply

                    Sad but how many people getting performance reviews have had the same urge as this agent? Performance reviews are mostly done poorly and only piss off the employees.

                    • 4 votes
                    Reply#4 - Fri Feb 17, 2012 6:20 PM EST

                    You're right JR. Employees who came from another agency and being close to retirement usually are disliked by absorbing agency and they are getting roughed up including getting bad performance reviews. Managers tend to make up things resulting to a unacceptable performance of the disliked individual. Add to that possibly being discriminated too. I hope this would not be trend in the LEO community.

                    • 1 vote
                    #4.1 - Fri Feb 17, 2012 7:56 PM EST
                    Reply

                    "He refused to succumb to his injuries and in law enforcement that's what makes the difference between people who go home at the end of the day and those who don't."

                    OK Rambo, maybe the shooter was a piss-poor shot and Mr. Kozak is very lucky.

                    • 7 votes
                    Reply#5 - Fri Feb 17, 2012 6:34 PM EST

                    That's what I was thinking. So if you die after getting shot, say, only 4 times you are a big wuss I suppose.

                    • 1 vote
                    #5.1 - Fri Feb 17, 2012 11:11 PM EST
                    Reply

                    Six shots is impressive. Maybe the supervisory agent wore body armor that day? LEOs would be trained to go for center-of-mass, so...

                    • 1 vote
                    Reply#6 - Fri Feb 17, 2012 6:35 PM EST

                    Maybe Garcia was intentionally shooting Korzac in the crotch and not the head... just a thought.

                      #6.1 - Fri Feb 17, 2012 11:34 PM EST

                      You can bleed out from a femoral. Six in the chest, and if one hits your spine, you might be "stable" but in a wheelchair for the rest of your life. This guy isn't out of the woods.

                        #6.2 - Sat Feb 18, 2012 3:04 AM EST
                        Reply

                        Yeah, guns should always be allowed when one goes in for a Performance review!

                        Duh!

                        I bet that policy is going to change real quick.

                        Six shots and the Dude is still alive? God Bless him and now I know why the other guy got a bad Performance review!

                        • 1 vote
                        Reply#7 - Fri Feb 17, 2012 6:39 PM EST

                        Wow this guy does not take constructive criticism well does he?

                        • 1 vote
                        Reply#8 - Fri Feb 17, 2012 6:43 PM EST

                        How do you know the criticism he recieved was constructive?

                          #8.1 - Fri Feb 17, 2012 11:44 PM EST

                          Z1P2....that is I before E except after C!

                            #8.2 - Mon Feb 20, 2012 1:25 AM EST
                            Reply

                            So you're telling me that this guy went into his performance review with a loaded gun and nobody noticed?

                            It never fails in performance reviews that the reviewer focuses on the the last thing wrong that you did whether it be one day, one week, or one month ago. They always have something negative to say whether you are an exceptional employee or not. Performance reviews are mostly used to document poor performers. So when your boss says to get ready for your performance evaluation... watch out! When you are an outstanding employee you usually have to ask your boss for your evaluation!

                            • 2 votes
                            Reply#9 - Fri Feb 17, 2012 6:44 PM EST

                            I have heard of Bad Bosses but shooting your Boss 6 times is a bit much...

                              Reply#10 - Fri Feb 17, 2012 6:45 PM EST

                              Are you listening Bosses? Don't do Performance Reviews when the Person you are reviewing has a Loaded Gun!

                              • 1 vote
                              Reply#11 - Fri Feb 17, 2012 6:48 PM EST

                              Live less than 1/4 mile from FLETC!

                              Not gonna say a word except sometimes people "snap" regardless of background checks, training, life issues, or any other issues that might alter the psych of the normal law abiding citizen.

                              If you have not been in their (our) shoes please don't assume anything.

                              • 3 votes
                              Reply#12 - Fri Feb 17, 2012 6:50 PM EST

                              Been to the Federal Law Enforcement Training Center many times during my career. I agree if you've never been in our shoes don't judge a cops actions unless you've been one.

                                #12.1 - Sun Feb 19, 2012 9:10 PM EST
                                Reply

                                I have a sneaking suspicion that because of the bad economy that this won't be the last time we hear of something like this...

                                  Reply#13 - Fri Feb 17, 2012 6:54 PM EST

                                  Considering that these sorts of things have been happening since before the economy tanked, I'm sure it won't be the last time.

                                  • 1 vote
                                  #13.1 - Fri Feb 17, 2012 11:45 PM EST
                                  Reply

                                  This reminds me of that Voight-Kampff test opening scene of the Blade Runner.

                                  "Let me tell you about my mother"

                                  • 1 vote
                                  Reply#14 - Fri Feb 17, 2012 6:57 PM EST

                                  LOL, Really. Roy Batty, played by Rutger Hauer. I wonder why they used a name like that in Blade Runner. Great Movie!

                                  Leon was the character who shot the guy giving the Voight-Kampff test...

                                    #14.1 - Fri Feb 17, 2012 6:59 PM EST

                                    It was Leon Kowalsky , played by the late, great character actor Brion James in that scene, not Roy Batty / Rutger Hauer.

                                      #14.2 - Fri Feb 17, 2012 11:51 PM EST
                                      Reply

                                      He is a fighter, and I believe that's why he's alive today," said Claude Arnold, ICE special agent in charge. "He refused to succumb to his injuries and in law enforcement that's what makes the difference between people who go home at the end of the day and those who don't." so this means the NYPD cops who died were pussies? really there seems to be more to this story than what is reported...pretty bold statement to make....

                                      • 2 votes
                                      Reply#15 - Fri Feb 17, 2012 7:00 PM EST

                                      so this means the NYPD cops who died were pussies?

                                      Isn't that kinda a given for NYPD cops?

                                      • 1 vote
                                      #15.1 - Fri Feb 17, 2012 11:46 PM EST
                                      Reply

                                      So no one is going ask why Kevin was still working after having several EEO and Gender Discrimination suits filed against him? Maybe, because he is a crony of the demoted and disgraced Robert Schoch former top ICE agent in Los Angeles who was accused of using undercover funds to carry on an extra marital affair with second in charge Jennifer Silliman. Maybe, because Kevin was a friend of recently convicted Frank Johnston (ret. Assistant Agent in Charge) who stole approximately $600000.00 of goverment money before retiring. Maybe, Mr. Garcia no longer had enough company secrets to keep him afloat.

                                        Reply#16 - Fri Feb 17, 2012 7:11 PM EST

                                        Just....... WOW!!

                                          #16.1 - Fri Feb 17, 2012 10:55 PM EST
                                          Reply

                                          "He is a fighter, and I believe that's why he's alive today,"

                                          Ahhh no its because nothing important got hit. Its more like he just hit the lottery

                                          • 2 votes
                                          Reply#17 - Fri Feb 17, 2012 7:17 PM EST

                                          Or Garcia was aiming to make him suffer rather than make him die. Six shots to the groin is rarely fatal.

                                            #17.1 - Fri Feb 17, 2012 11:47 PM EST
                                            Reply

                                            Garcia ... was a plaintiff in lawsuit against the Los Angeles Police Department after he and another ICE agent claimed they were roughed up by five officers while doing undercover work. A federal jury found in the police officers' favor in 2005, saying they didn't use excessive force.

                                            And, now he's dead? Hmmmmm - wonder if he was planning to appeal to a higher court? Wonder if this story occurred exactly as stated.

                                            • 1 vote
                                            Reply#18 - Fri Feb 17, 2012 7:23 PM EST

                                            Riiiiiiiiiiiiiiight I'm sure they had it all planned out ahead of time.... "I will piss him off and let him shoot me 6 times, then you intervene and kill him. BOOM no more lawsuit."

                                            • 3 votes
                                            #18.1 - Fri Feb 17, 2012 7:40 PM EST

                                            Now you got Tortcots panties in a huge bunch!

                                              #18.2 - Fri Feb 17, 2012 7:48 PM EST

                                              Yea, thats under the conspiracy theory that first you would have to get LAPD to fully conspire and cooperate with the FEDS......which isn't ever going to happen. Besides the lawsuit was tossed and the appeals process in a tort is way different than a criminal conviction.

                                                #18.3 - Fri Feb 17, 2012 7:54 PM EST
                                                Reply

                                                No wonder they argued over his performance must have been his shooting skills or lack of them and an undercover agent,crist shot another agent at close range six times and still didn't kill him this is so humiluating to the feds.Should have deported him instead of hiring him..

                                                  Reply#19 - Fri Feb 17, 2012 7:48 PM EST

                                                  my wife works for the feds...she said it best.....the guy can't even kill his own boss after a piss poor review.....oh well..... her boss got sent several copies of this article he said....hmmmmm

                                                  wow talk about going "Postal" oops Pistol

                                                    #19.1 - Fri Feb 17, 2012 9:22 PM EST
                                                    Reply

                                                    Goodby to "going Postal", now we just "ICE 'em".

                                                    • 4 votes
                                                    Reply#20 - Fri Feb 17, 2012 7:54 PM EST

                                                    ^ LOL I like that one!!

                                                    • 1 vote
                                                    #20.1 - Fri Feb 17, 2012 10:27 PM EST
                                                    Reply

                                                    Glad to hear the victim agent is doing good. The shooter sounds like a former postal employee.

                                                      Reply#21 - Fri Feb 17, 2012 7:55 PM EST

                                                      You won't transfer me! Take that! Opps, I'm a bad shot....

                                                        Reply#22 - Fri Feb 17, 2012 7:57 PM EST

                                                        "He is a fighter, and I believe that's why he's alive today," said Claude Arnold, ICE special agent in charge. "He refused to succumb to his injuries and in law enforcement that's what makes the difference between people who go home at the end of the day and those who don't."

                                                        Now that's what I call SPIN! What a great agency that ICE is and what wonderful agents it employs. "Don't look at the man behind the curtain."

                                                          Reply#23 - Fri Feb 17, 2012 7:58 PM EST

                                                          Some of the jokes about poor shooting are kind of funny, but some of you seem to actually think that was the problem. Let me help you out. They were in the same room. A five year old couldn't miss a kill shot from that distance let alone a trained officer. There was almost certainly some harsh words which made the interviewing officer wary ( also a highly trained officer ). As soon as the guy reached for his weapon, you can bet your butt the officer went after him instead of just sitting there and getting shot 6 times. The shots were almost certainly fired during a hell of a fight which is why the guy couldn't get in the kill shot. And yes, some guys are that tough and the will to live makes them even tougher.

                                                          I hope the guy has a full recovery, and tough enchalada to the perp.

                                                          • 1 vote
                                                          Reply#24 - Fri Feb 17, 2012 7:58 PM EST

                                                          ^ LOL Sounds like you were in the room too. That's a pretty good hypothesis, or, guess!

                                                          • 1 vote
                                                          #24.1 - Fri Feb 17, 2012 10:30 PM EST

                                                          That is probably true. Plus, a moving target is harder to hit. This event is horrible at every level. Internal violence only weakens DHS. There should be a place for handgun storage during reviews. Especially bad reviews. They should have just used pepper spray or TASERs. I think that drug or alcohol abuse was probably involved also.

                                                            #24.2 - Sun Feb 19, 2012 4:37 PM EST
                                                            Reply

                                                            We are NOT getting the real story... I think someone got caught with their hand in the cookie jar! Or we may have a double agent! Or they figured out he is the one who let the 50 million illegals in...

                                                              Reply#25 - Fri Feb 17, 2012 8:08 PM EST
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