Killing of Rigoberto Alpizar

Rigoberto Alpizar (April 17, 1961 – December 7, 2005) was a Costa Rican-born United States citizen who was fatally shot at Miami International Airport by two United States Federal Air Marshals.

Alpizar lived in the central Florida town of Maitland and worked in the Paint Department of a Home Depot.

He was supposed to fly with his wife, Anne Buechner, to Orlando, Florida, returning from a missionary trip to Quito, Ecuador.

The shooting took place on a jetway.

Alpizar ran away from the aircraft and, Homeland Security officials maintain, claimed to have a bomb in his bag and then made a sudden movement toward it.

On December 7, 2005, upon landing at Miami International Airport, from Medellín, Colombia, the airplane on which Alpizar was traveling taxied to the gate and passengers began disembarking to be processed by Customs Agents.

At about 14:00 (2:00 PM) EST, passengers continuing on to Orlando were re-boarding the plane.

As the plane finished boarding and all 114 passengers were seated, Alpizar was heard having an argument with his wife, Anne Buechner.

He stood up from his seat saying, "I have to get off the plane", and ran for the door, which was still open.

Buechner chased after him, yelling, "He's sick".

He was followed by an undercover air marshal.

According to James E. Bauer, two Air Marshals confronted Alpizar near the cockpit when Alpizar "uttered threatening words that included a sentence to the effect that he had a bomb".

Homeland Security spokesperson Brian Doyle later claimed that Alpizar "threatened that he had a bomb in his backpack" and "made a move toward the backpack".

Ignoring requests to stop, Alpizar continued to exit the plane and was soon confronted just outside the aircraft in the jetway.

After being ordered to the ground, Alpizar allegedly did not comply, instead reaching for the bag.

The two Air Marshals pulled out their .357 SIG Sauer pistols and opened fire, killing Alpizar.

Conflicting reports put the number of shots between three and nine.

Just hours later, in a nationally broadcast interview with All Things Considered's Michele Norris, Eric Weiner of NPR reported the assertion of Homeland Security Special Agent in Charge James Bauer that Alpizar claimed to have a bomb in his carry-on bag.

Recapping the events that led to Alpizar's shooting, Weiner reported, "They were reboarding the flight, it was continuing to Orlando. That's when Federal Air Marshals confronted this man. He was acting suspiciously, he claimed to have a bomb, Federal Air Marshals told him to get on the ground. He did not comply."

Several passengers on the flight denied the government's claim, saying they never heard Alpizar say anything about a bomb.

One of the passengers, John McAlhany, said in an interview, "I never heard the word 'bomb' on the plane", ... "I never heard the word 'bomb' until the FBI asked me did you hear the word 'bomb'."

and another passenger, Mary Gardner, added, "I did not hear him say that he had a bomb".

A spokesman for the Association of Professional Flight Attendants has been quoted as saying that a flight attendant who confronted Alpizar as he tried to leave the plane claimed Alpizar said "I have a bomb", though this assertion has not been repeated, and this flight attendant has not come forward.

Alpizar was buried in his birthplace Cariari de Guápiles in Costa Rica on December 13, 2005.

According to the Miami Dade State Attorney's Office Final Report of May 23, 2006, the pilot claimed to have heard Alpizar say he had a bomb.

After the shooting, police dogs sniffed all luggage for explosives and passengers were held on the plane until all luggage was cleared.

No bombs or explosives were found.

McAlhany said he remembers having a shotgun pressed into his head by one officer and hearing cries and screams from many passengers aboard the aircraft after the shooting in the jetway.

"This was wrong", McAlhany said, "This man should be with his family for Christmas. Now he’s dead".

The D Concourse of Miami International Airport was temporarily evacuated following the shooting and was re-opened around 15:00 (3:00 PM) EST.

From Transportation Security Administration (TSA) and Homeland Security reports, this incident was the first time a U.S. Federal Air Marshal has fired a weapon in the line of duty.

Six days after Alpizar was shot, the U.S. government gave the organization expanded powers to "identify suspicious passengers".

The Air Marshals were "eager to conduct surveillance activities beyond the aircraft, and tighten security at public transit stations over the holiday".

A final report was released by the Miami-Dade State Attorney's Office on May 23, 2006.

The report found that "the shooting officers were legally justified in their use of force and no criminal charges will be filed. The report notes as a key fact that Alpizar's wife said that her husband "threatened" that he had a bomb in his backpack, although this is not elaborated on further; i.e., precisely when Alpizar said this, to whom, how she heard this, and in what language the alleged statement was made.

Both federal air marshals (ages 30 and 31) claimed that Alpizar repeatedly stated that he had a bomb and would detonate it (one marshal said these threats were made in Spanish, the other marshal did not indicate a language), while advancing towards them and refusing commands to stop.

The report indicates that the first air marshal was fluent in Spanish.

Both said they issued commands in both English and Spanish.

The second air marshal said that Alpizar said, "I'm going to blow up this bomb. I'm going to blow up this bomb. I'm going to show you."

The first officer (age 49) of the plane stood directly behind the air marshals, and said that English was spoken.