The border patrol agents fucked up...
they only wounded the smuggler, dead men tell no tales. That and they wasted too much ammo, they need to spend some time at the range.
Seriously though, the smuggler was running not cuz he was scared but cuz he knew if he could get to the border the Boarder Patrol agents couldn't do shit.
Andy Ramirez of Friends of the Border Patrol said the drug smuggler has "fully contributed to the destruction of two brave agents and their families and has sent a very loud message to the other Border Patrol agents: If you confront a smuggler, this is what will happen to you."
It also sends a message to other illegals that if they run and get hurt while running they can screw over the people chasing them.