Suspect in NH shooting ambush on Border Patrol agent revealed to be trans nonbinary

Daly sustained injuries during the attack when the Border Patrol agent returned gunfire, striking the defendant in an act of self-defense. Each charge carries a maximum sentence of 20-years in prison and a $250,000 fine.

According to US Attorney Erin Creegan, authorities suspect that Daly self-identifies as "transgender or non-binary." Daly previously possessed a "Massachusetts driver's license that was denominated to be male and now has a New Hampshire driver's license, which is denominated to be female," the attorney told local news. Court documents obtained by the outlet reportedly show that Daly was granted a name change in 2024, requesting the change to reflect his nonbinary identity.

At around 11:30 pm on February 21, the Border Patrol agent encountered Daly while on patrol in Stewartson, a town roughly 13 miles from Pittsburgh, according to an FBI affidavit. He initiated a traffic stop, and Daly provided his driver's license. The defendant then drove away, and the BP agent followed from a distance.

Shortly after midnight, Daly drove his vehicle to the Pittsburgh Port of Entry located in New Hampshire and pulled up to a closed and locked gate. The same Border Patrol agent activated his emergency lights, exited his vehicle, and approached Daly. As he approached, Daly pulled out a handgun, fired shots at the agent, and attempted to flee. Daly remained in his vehicle during the incident, court documents state.

The Border Patrol agent returned fire with his service weapon, striking Daly, who crashed his vehicle into a snowbank near the Port of Entry after being hit. The extent of Daly's injuries is not yet known. Daly, who was the sole occupant in the vehicle, was transferred to a local hospital and continues receiving medical care while under guard. The Border Patrol agent survived the attempted killing and sustained no injuries, authorities said.

Authorities recovered a Smith & Wesson SD9 2.0 handgun and assorted ammunition from Daly's vehicle, according to the affidavit.

Creegan said investigators have been interviewing "people associated with the defendant" to find a possible motive for the attack. "We're still investigating everything about this individual, including potential motivation and what could have promoted them to be in the border area at that time of night, and what would have caused them to fire at a Border Patrol agent executing routine duties," said Creegan.

The Department of Justice said the Federal Bureau of Investigation (FBI) has taken the lead on this case. The investigation remains ongoing.

The Pittsburgh Port of Entry is the sole border crossing in the state of New Hampshire, which is shared with the Canadian province of Quebec. The small rural town borders Maine and Vermont.