Militia member shot at by Border Patrol is a convicted felon

A mugshot of 45-year-old John Frederick Foerster, a member of a citizen militia near the Texas-Mexico border fired upon by a Border Patrol agent. Foerster served prison time on three counts of burglarizing a building in the early 2000s, according to media reports and arrest and jail records. less A mugshot of 45-year-old John Frederick Foerster, a member of a citizen militia near the Texas-Mexico border fired upon by a Border Patrol agent. Foerster served prison time on three counts of burglarizing a ... more Photo: Courtesy Of Texas Department Of Criminal Justice Photo: Courtesy Of Texas Department Of Criminal Justice Image 1 of / 41 Caption Close Militia member shot at by Border Patrol is a convicted felon 1 / 41 Back to Gallery

SAN ANTONIO — A militia member shot at by a Border Patrol agent is a convicted felon with a history of criminal activity, documents show.

A Border Patrol agent fired four shots Aug. 29 at a man holding a firearm near the Rio Grande while pursuing a group of immigrants east of Brownsville, The Associated Press reported. The man was not hurt, but dropped his weapon and identified himself as a militia member.

The militia member, identified as 45-year-old Brownsville resident John Frederick Foerster by KRGV-TV, served prison time for burglary and has been convicted on other charges, according to documents obtained by the San Antonio Express-News.

Foerster was arrested by Brownsville police Feb. 14, 2001, on three counts of burglarizing a building, a state jail felony punishable up to two years in prison, Texas Department of Public Safety records show. The offenses took place March 22, 1999, Feb. 13, 2001, and Feb. 14, 2001.

Foerster pleaded guilty to all three charges in May 2001 and served part of his sentence in Cameron County before being transferred to the Texas Department of Criminal Justice on Aug. 1, 2001.

He was released from prison Aug. 9, 2002, records show.

Prior to the 1999 arrest, Foerster was arrested on charges of possessing a switchblade and knuckles, a Class A misdemeanor punishable up to a year in prison. Foerster pleaded guilty to those charges and sentenced to 180 days in jail.

In 2009, Foerster was arrested in Missouri City on theft charges.

"I'm still going to be out there. I'm still going to be vigilant. I might be a little louder towards the agents so that they know that I'm there. I might even put a red strobe light on my forehead so that they can see. I'm not leaving," Foerster told KRGV after the shooting incident.

The Border Patrol and local law enforcement have discouraged citizen militias from patrolling the area.

"Sometimes it can be dangerous, because you have all these (non-law enforcement) people out there running around the border," said Kevin Oaks, the Border Patrol's chief in the Rio Grande Valley told The Associated Press. "There are cartel members that carry assault weapons and camouflage, and then there's others that may be under the auspices of whatever group, may look very similar, and we have no idea who those people are. My fear is that these things clash and eventually there will be a very bad outcome."

Militia leaders claim Border Patrol has called upon them for backup, San Antonio Express-News reporter Aaron Nelsen writes.

"They knew exactly what we were doing and where we were doing it," said Rob Chupp, who heads one of two Patriot teams in South Texas. "So it absolutely shocked us that this would ever happen."

Chris Cabrera, vice president of the union representing Border Patrol agents in the Valley, told the Express-News he has "never heard of an agent soliciting backup from any militia types."

"If militia members call us or arrive on scene that is beyond our control, but we do not call on civilians for backup, it's a very dangerous environment that we patrol," Cabrera said.

jfechter@express-news.net

Twitter: @JFreports