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A driver accused of coughing in the face of a customs officer in Nogales and saying “you are sick, too” with the coronavirus now faces an assault charge.
Danilo Cardenas Leyva, a U.S. citizen in his mid-20s, is accused of coughing directly into the face of a customs officer as he drove into the United States on April 7, according to a criminal complaint filed April 22 in federal court in Tucson.
The officer asked Cardenas why he coughed in her face. He replied that “it does not matter, you guys are already sick. It is all over the news in Mexico that you guys have the coronavirus,” according to a court document.
When the officer asked Cardenas if he was sick, he reportedly said that it did not matter and “you are sick, too.”
Cardenas’ actions caused the officer to fear she had been infected with the coronavirus, according to the complaint.
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Cardenas faces a misdemeanor charge of assaulting a federal officer by coughing in her face and implying he was infected with the coronavirus, thereby putting her in fear of imminent injury, according to the complaint.
The public affairs office for Customs and Border Protection in Arizona did not say whether the customs officer or Cardenas were tested for the coronavirus.
Edith Serrano, a CBP spokeswoman, said there have been no positive COVID-19 cases at the Port of Nogales.
In Arizona, six CBP employees had tested positive for the coronavirus as of May 5, according to the CBP website. Three work in Nogales and three in Tucson. The agency did not provide details on whether they worked as customs officers, Border Patrol agents or in some other capacity.
The agency has not reported any new cases in Arizona since early April. Across the country, 330 CBP employees had tested positive for the coronavirus as of May 5, up from 160 in early April. CBP had more than 61,000 employees in 2019.
Photos for April 23: Tucson gets by during Coronavirus Pandemic
Tucson, coronavirus
Updated
Apr 24, 2020
Erika Munoz, owner of Seis Kitchen, hands over a bag of meals to Michael Gallagher Carondelet, a registered nurse at St. Joseph's Hospital, to distribute to other nurses and hospital workers, on April 23, 2020. The donation was made in conjunction with A+C (Athletes/Artists+Causes) Foundation's “Project Frontline.” In two deliveries, 400 meals (200 poc chuck chicken and 200 puerco verde burritos) will be given to medical personnel at Carondelet St. Joseph’s Hospital. The particular donation was made possible by the Houston Astros' Pitching Coach Brent Strom, who lives in Tucson.
Josh Galemore / Arizona Daily Star
Tucson, coronavirus
Updated
Apr 24, 2020
Hospital workers wheel in carts full of catered meals donated by Seis Kitchen to Carondelet St. Joseph's Hospital, on April 23, 2020. The donation was made in conjunction with A+C (Athletes/Artists+Causes) Foundation's “Project Frontline.” In two deliveries, 400 meals (200 poc chuck chicken and 200 puerco verde burritos) will be given to medical personnel at Carondelet St. Joseph’s Hospital. The particular donation was made possible by the Houston Astros' Pitching Coach Brent Strom, who lives in Tucson.
Josh Galemore / Arizona Daily Star
Tucson, coronavirus
Updated
Apr 24, 2020
Kristi Hall, a sixth grade teacher at Desert Sky Middle School, participates in planning a lesson with a fellow teacher on Zoom, at her home on April 17, 2020. Schools in the Vail School District are supposed to open in July due to their year-round school calendar. Plans are being made for the possibility of students returning to the physical classroom.
Mamta Popat / Arizona Daily Star
Tucson, coronavirus
Updated
May 3, 2020
Bry Kelley, a warehouse assistant, places a pallet filled with food down next to other items donated to the Community Food Bank of Southern Arizona on on April 21, 2020. Forty-one thousand pounds of flour, pasta and canned goods were donated by The Church of Jesus Christ of Latter-day Saints. The donation is part of an ongoing global effort by the church to address immediate needs of people and orgainzations due to the coronavirus disease (COVID-19) pandemic.
Mamta Popat / Arizona Daily Star
Tucson, coronavirus
Updated
May 3, 2020
A pallet of food is placed down next to other items donated to the Community Food Bank of Southern Arizona on on April 21, 2020. Forty-one thousand pounds of flour, pasta and canned goods were donated by The Church of Jesus Christ of Latter-day Saints. The donation is part of an ongoing global effort by the church to address immediate needs of people and orgainzations due to the coronavirus disease (COVID-19) pandemic.
Mamta Popat / Arizona Daily Star
Tucson, coronavirus
Updated
Apr 24, 2020
Christian Bergman, 4th year University of Arizona medical student, takes the temperature of a patient outside the Z Mansion, 288 N. Church Ave., in Tucson, Ariz., on April 19, 2020. Medical students from the University of Arizona and other universities volunteer to help the homeless population with the growing concerns of Coronavirus Disease (COVID-19) within the homeless population. “This is a vulnerable population in our community; they can’t defend themselves in a society already running short on supplies and resources,” said Bergman. Medical students and medical personal help by giving out food, drinks with electrolytes and masks to the homeless. Those who are sick, medically impaired or have been exposed to those with COVID-19 are isolated outdoors in tents on the property. As of Sunday April 19, there were 13 individuals whom are isolated in tents.
Rebecca Sasnett / Arizona Daily Star
Tucson, coronavirus
Updated
Apr 24, 2020
Lekha Chesnick, 1st year medical student at Burrell College of Osteopathic Medicine, talks with a homeless man (whom choose to not give his name) outside of the Z Mansion, 288 N. Church Ave., in Tucson, Ariz., on April 19, 2020. Medical students from the University of Arizona and other universities volunteer to help the homeless population with the growing concerns of Coronavirus Disease (COVID-19) within the homeless population. Medical students and medical personal help by giving out food, drinks with electrolytes and masks to the homeless. Those who are sick, medically impaired or have been exposed to those with COVID-19 are isolated outdoors in tents on the property. As of Sunday April 19, there were 13 individuals whom are isolated in tents.
Rebecca Sasnett / Arizona Daily Star
Tucson, coronavirus
Updated
Apr 24, 2020
Christian Bergman, 4th year University of Arizona medical student, checks on a patient outside the Z Mansion, 288 N. Church Ave., in Tucson, Ariz., on April 19, 2020. Medical students from the University of Arizona and other universities volunteer to help the homeless population with the growing concerns of Coronavirus Disease (COVID-19) within the homeless population. “This is a vulnerable population in our community; they can’t defend themselves in a society already running short on supplies and resources,” said Bergman. Medical students and medical personal help by giving out food, drinks with electrolytes and masks to the homeless. Those who are sick, medically impaired or have been exposed to those with COVID-19 are isolated outdoors in tents on the property. As of Sunday April 19, there were 13 individuals whom are isolated in tents.
Rebecca Sasnett / Arizona Daily Star
Tucson, coronavirus
Updated
Apr 24, 2020
Elliott Dumont, owner of Roadrunner Bicycles, 6177 E. Broadway Blvd., works on a customer's bike on April 22, 2020. The coronavirus disease (COVID-19) has not slowed down bike shops. With many people at home, they are bringing bicycles for repairs and buying new ones for exercise. Dumont says he's booked out till the first week of May for tuneups on bikes.
Mamta Popat / Arizona Daily Star
Tucson, coronavirus
Updated
May 20, 2020
Elliot DuMont, owner of Roadrunner Bicycles, 6177 E. Broadway Blvd., far left, helps Ethan Sasz, far right, and his son, Evan, 10, with a mountain bike purchase on April 22, 2020. The coronavirus disease (COVID-19) has not slowed down bike shops. With many people at home, they are bringing bicycles for repairs and buying new ones for exercise. Dumont says he's booked out till the first week of May for tuneups on bikes.
Mamta Popat / Arizona Daily Star
Tucson, coronavirus
Updated
Apr 24, 2020
Marcella Montoya waits in her vehicle as general manger David Kessler brings out her order, as Bear Canyon Pizza serving their customers despite COVID-19 restrictions, April 22, 2020, Tucson, Ariz.
Kelly Presnell / Arizona Daily Star
Tucson, coronavirus
Updated
Apr 24, 2020
Kitchen manger Koa Hoffmann tosses dough while working up a crust for a call-in order as he and few others keep cooking at Bear Canyon Pizza despite COVID-19 restrictions, April 22, 2020, Tucson, Ariz.
Kelly Presnell / Arizona Daily Star
Tucson, coronavirus
Updated
Apr 24, 2020
Alvaro Enciso, a local artist, works in one of his studios at his home on April 9, 2020. Every Tuesday Enciso travels into the Sonoran desert to post crosses where migrants have died after crossing illegally over the U.S./Mexico border as part of a project he's titled Donde Mueren Los Suenos / Where Dreams Die. With the outbreak of the coronavirus disease his six year project is on hold and instead he works on other artwork at home.
Mamta Popat / Arizona Daily Star
Tucson, coronavirus
Updated
Apr 24, 2020
Dolly Spalding works on a pen and ink drawing in her apartment at the Redondo Tower Apartments on April 7, 2020. During her quarantine, Spalding has been creating drawings of all the Greek goddesses. She is collaborating with Emlyn Boyle, an artist from Ireland, and plans to publish a book with Boyle's writings.
Mamta Popat / Arizona Daily Star
Contact reporter Curt Prendergast at 573-4224 or cprendergast@tucson.com or on Twitter:
@CurtTucsonStar.