SAN DIEGO–A Supervisory U.S. Customs and Border Protection officer was indicted by a federal grand jury Wednesday for deprivation of rights under the color of law. He was arrested at his home early Wednesday morning.

Harvey Booker, 70, made his initial appearance in federal court before U.S. Magistrate Judge Karen S. Crawford.  His next court appearance is a motions hearing on September 7 before Chief U.S. District Judge Barry Moskowitz.

According to the indictment, on July 8, Booker, while acting under color of law as a Customs and Border Protection Officer, strangled M.N., willfully depriving him of the right, secured by the Constitution and the laws of the United States, to be free from unreasonable force and unlawful assault by a law enforcement officer. According to the indictment, Booker’s assault resulted in bodily injury to M.N. The victim was not identified in the indictment to protect his privacy. A prosecutor explained in court that this incident was “an act of violence against a traveler at the Port of Entry.”

“There is no excuse for law enforcement officials to abuse the significant trust and power placed in them,” said U.S. Attorney Adam Braverman. “Law enforcement takes great pride in protecting the civil rights of all people. When that trust is betrayed, we must hold that officer accountable.”

“All DHS law enforcement officers are required and expected to abide by the laws they enforce and protect.  DHS OIG is committed to hold anyone who betrays the public’s trust accountable for his/her actions, while supporting the men and women who proudly uphold their duties to serve, protect, and ensure the constitutional rights of all persons,” Amanda Thandi, Special Agent in Charge of the Department of Homeland Security, Office of Inspector General, San Diego Field Office, stated.

If convicted of all charges, Booker faces a maximum penalty of 10 years’ imprisonment and a $250,000 fine.