But Javier Acosta testifies at his trial he was trying to keep his leg from being grabbed.

LUKE TURF

A former U.S. Border Patrol agent testified during his trial this week that he kicked an illegal immigrant while the man was lying on the ground during an apprehension. But Javier Acosta testified in U.S. District Court that he kicked the migrant, Benjamin Ortega, "to prevent him from grabbing my leg and to avoid danger."

Acosta denied trying to coerce Ortega into not telling anyone about the incident.

Acosta's soft voice shifted to a stern yell when he repeated to the jury what he said he told Ortega as he was on the ground.

"Immigration, don't move, don't move," Acosta testified in Spanish, translated into English for jurors. "Turn your head. Don't look at me."

Before Acosta's testimony, the prosecution called to the stand the Border Patrol instructor who trained Acosta at the agency's academy.

The instructor testified that kicks or strikes may be used by agents at the fourth level of the Border Patrol's "use of force model."

That level is labeled "harmful," and is one level below the use of lethal force.

Acosta testified there was "friction" between him and the agent who had Ortega on the ground, Benjamin Works. Works and Acosta went to the academy together when Acosta graduated second in his class.

Acosta testified he did not use the term "coyote," the Spanish slang word for immigrant smuggler, as Works testified. Acosta testified Works was swearing at Ortega in Spanish when the immigrant was on the ground, which Works didn't mention in his testimony.

Both agents were Tucson-sector rookies in field training during the April 2002 incident, during which Ortega was caught with a group of other immigrants.

Acosta testified he believed Ortega was the leader or smuggler of the immigrants because of his style of dress and because he fled from agents.

Acosta could face up to 10 years in jail if convicted of assault and 10 years if found guilty of trying to cover up the incident, said Joel Parris, the public defender representing him. The jury is expected to begin deliberations next week.