SAN ANTONIO – A Latino civil rights organization has filed a lawsuit against an El Paso, Texas man who threatened migrants by pointing a gun at them on New Year’s Eve in 2022 and New Year’s Day in 2023, according to papers filed in state court last month.
MALDEF (Mexican American Legal Defense and Educational Fund) filed the lawsuit on behalf of three men who were threatened by the gunman, Steven Mathew Driscoll, outside of a church and a bus station in El Paso. Driscoll, 27 at the time, said he was “the eyes for America” as he brandished the gun at a crowd of migrants who had taken refuge at a church. According to attorneys, Driscoll’s assault traumatized the men and inflicted emotional distress. The lawsuit seeks damages of more than $1 million. MALDEF is representing Brayan Alexander Peña Rios, 21; Wuilmer Jose Ramirez, 42; and Wilferd Gonzalez, 23, in the lawsuit.
“Regardless of how public rhetoric has or will coarsen in coming months, threatening unarmed people of any background is patently unlawful,” said Thomas A. Saenz, MALDEF president and general counsel. “This lawsuit should stand as a warning to others who might consider undertaking actions against people, based on perceived immigration status, that such actions could have serious financial and other repercussions for the assailants.”
On Dec. 31, 2022, Driscoll, drove to the Sacred Heart Catholic Church in El Paso where migrants had sought refuge after entering the United States. Driscoll waved to Brayan Peña to approach his truck. Peña approached the vehicle thinking Driscoll was dropping off a donation. Instead, Driscoll began angrily cussing at Peña in English and pointed a handgun at Peña’s face. At that point, a humanitarian aid volunteer stepped between Peña and Driscoll who was still pointing the gun. Driscoll told the volunteer, “I am the eyes for America and I’m here to see,” before leaving in his vehicle.
Driscoll then drove to the nearby Greyhound Bus station, where recent migrants – including families with children – had taken refuge and gathered at warming stations. Wuilmer Ramirez was one of the migrants at the warming station. At 12:45 a.m. on January 1, 2023, Driscoll parked near the bus station, got out of his truck and pulled out his gun. Ramirez began to yell to warn others at the warming station that Driscoll was armed. Wilferd Molina was standing in an area near Driscoll and a bus filled with women and children. As Driscoll walked towards the bus, he pointed his gun at Ramirez and Molina. As migrants ran from Driscoll, some pleaded with him not to shoot them “We haven’t done anything to you,” they said in Spanish.
“Tragically, El Paso was once again the setting for another hate-motivated attack by a Texas white nationalist,” said Fátima Lucía Menéndez, MALDEF Southwest Regional Counsel. “This dangerous behavior is fueled by the inflammatory and xenophobic rhetoric irresponsibly used by many elected leaders, and that rhetoric will continue to have harmful effects on the safety of immigrant and Latino communities.”
Driscoll was arrested a day later at his home and charged with aggravated assault with a deadly weapon, unlawful carrying of a weapon with a felony conviction, and evading arrest. He pleaded guilty to two of the charges and was sentenced to two years in jail. Driscoll is due to be released in 2025.
The lawsuit, filed in Texas State District Court in El Paso, claims Driscoll is liable for civil assault by knowingly or recklessly threatening Peña, Ramirez and Molina with bodily injury by pointing his gun at them. Attorneys also argue that Driscoll intentionally inflicted emotional distress on the men by pointing a gun at them.
“This traumatic event has changed my life completely,” said Peña. “I live in a constant state of stress and anxiety. Fear accompanies me every day, affecting every aspect of my life. No one should live with the constant fear that I feel.”
In 2021, MALDEF expanded its work to address the rise in open hostility and intolerance aimed at the Latino community, such as Driscoll’s threats and his nativist rhetoric. This case is the third to be filed under the program area, “Freedom from Open and Obvious Bias and Racism”.
Read the complaint HERE.