Bird-flipping driver pleads guilty to 'brake checking' Border Patrol van
Published in News & Features
A Michigan motorist accused of flipping off federal agents and cutting off a Border Patrol van has pleaded guilty to charges, according to court records.
Jacob Nathaniel Len, 30, of Ypsilanti, entered the plea last month in U.S. District Court in Detroit, court documents said.
The filings also said he was sentenced to six months of probation, to pay a $5,000 fine, to participate in a mental health treatment program, and to perform 40 hours of community service.
Reached Tuesday, Len's attorney, Matthew Vicari, said he and his client had no comment on the plea or the sentence.
However, in a sentencing memo submitted to the court on Len's behalf, Vicari said his client has no criminal history and the offense he's accused of "is an aberration in (his) otherwise law-abiding life."
"Mr. Len recognizes that brake checking another vehicle on a highway, as alleged by the government, is inherently dangerous," the memo said. "Mr. Len agrees that this type of conduct could result in harm to himself and to others."
The defendant was charged in August with assaulting, resisting, or impeding certain officers and employees, a felony. The crime's penalty is 20 years in federal prison.
Authorities allege that on July 7, the defendant was driving a black BMW sedan on westbound Interstate 96 when he confronted four Border Patrol agents in a van transporting 15 immigrants to the North Lake Correctional Facility east of Ludington.
Officials said Len moved his car in front of the agent's van, stepped on his brakes, and stuck his hand with his middle finger extended through his car's sunroof. They said the defendant brake-checked the CBP van a second time then drove away.
“The alleged actions of this man are shameful," U.S. Attorney Jerome Gorgon said in a statement after Len was charged. "While zipping around in his BMW, this defendant cavalierly endangered the hardworking agents who put their lives on the line every day protecting our country, the illegal aliens they were tasked with safely transporting, and other drivers going about their lives.”
Cheyvoryea Gibson, special agent in charge of the FBI Detroit field office, said in a statement: "The alleged actions by Jacob Len were not only reckless, but endangered lives and compromised public safety."
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