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Original Article

Border agents at risk
Flaws found in body armor, replacements scarce

Susan Carroll Republic Tucson Bureau Apr. 23, 2005 12:00 AM

Thousands of U.S. Border Patrol agents are wearing bulletproof vests that are potentially defective or past their expiration dates, increasing their risk of injury or death.

U.S. Customs and Border Protection officials said replacing roughly 8,000 vests remains a priority but acknowledged significant delays because of "wartime issues." U.S. Armor Corp., the California-based company that contracted with the government, said the war in Iraq led to high demand for materials, delaying the production of the new Kevlar vests ordered in 2004.

In the meantime, some Border Patrol agents are wearing vests made with Zylon and manufactured by Second Chance Body Armor Inc., a company sued last year by Arizona Attorney General Terry Goddard amid allegations that the vests deteriorated more rapidly than advertised. Other vests used by Border Patrol agents are made from Kevlar, a longer-lasting material, but are past their recommended replacement date.

"The bottom line is that we have agents running around with vests that expired two years ago and some that are probably not working at all," said Brian Henderson, health and safety director for the National Border Patrol Council, based in San Diego.

Border Patrol agents' vests wear down even faster than those of other law enforcement officers because exposure to heat, ultraviolet rays and sweat accelerate their deterioration, Henderson said. Kevlar vests typically are considered safe for about five years. No deaths or injuries of agents have been directly linked to a substandard vest, officials said.

Mario Villarreal, Customs and Border Protection spokesman in Washington, D.C., said agents from across the country were fitted for the new vests from July through December. The agency plans to distribute more than 1,000 in May and about 350 to 500 each month after that, he added.

In the Border Patrol's Tucson Sector, the busiest illegal-crossing corridor along the 1,950-mile Southwestern border, more than 1,700 of the 2,100 agents are waiting for new vests, officials said. The agency has reported a sharp increase in the number of assaults and shootings in southern Arizona's bustling smuggling corridors, with 15 in the past six months, compared with four in the year-earlier period.

Mike Nicley, Tucson Sector chief, said that protecting agents remains the agency's top priority and stressed that although the vests are past the recommended replacement date, they do not immediately disintegrate.

"Don't get me wrong, we need to replace those vests when the manufacturer says they're in danger of expiring, but they're telling me I don't have any Border Patrol agents out there whose vests won't stop a bullet," Nicley said.

Villarreal added that the new vests, made with Kevlar, are "outstanding" quality, designed to weather the extreme conditions along the Southwestern border. Still, they will need to be replaced in about five years.

George Olsen, general manager for U.S. Armor, said the company struggled with a "material shortage" because of the war in Iraq but is prepared to ship 3,000 vests by this time next month, the majority earmarked for Arizona. He would not provide the cost of the contract with the federal government, and Villarreal could not provide that information.

Until the federal government signed the new contract in 2004, agents were given an allowance to select a bulletproof vest from one of five companies, according to the Border Patrol.

Some agents selected vests made by Michigan-based Second Chance Body Armor with a synthetic product known as Zylon, touted as the strongest man-made fiber.

In 2004, Goddard joined at least a half-dozen other state attorneys general and sued the company, charging that it violated consumer fraud laws by telling buyers its products would provide protection for five years. One lawsuit blames the company in the shooting death of a California police officer. A lawsuit by Utah resulted in a $210,000 settlement.

When the problems surfaced in 2003, an estimated 3,000 Arizona law officers were using Zylon-based vests. None was injured or killed because of the product defect. Phoenix police offered its officers up to $500 each to replace the vests, and other agencies across the state have phased out Zylon vests.

Andrea Esquer, Goddard's spokeswoman, said the state's lawsuit is still pending. The company has filed for bankruptcy protection, and officials could not be reached for comment Friday. Second Chance, the country's largest body-armor manufacturer for law enforcement, pulled its Zylon products and offered warranty protection or inserts to fortify the product.

Henderson said that after the problems with Zylon were revealed, Second Chance sent the Border Patrol panels to insert into the vests to reinforce them. But, he said, many agents reported the added material made the vests bulky and uncomfortable. Border Patrol officials had no estimate for the number of Zylon vests still in use along the nation's borders. .

Reach the reporter at susan.carroll@arizonarepublic.com or 1-(520)-207-6007.