EDITOR'S NOTE: This story has been updated with a statement from the Border Patrol RGVTX union, which represents agents in the area. 

A woman who recorded a viral video showing what appears to be a Border Patrol agent allegedly kicking a dog at the Falfurrias checkpoint is speaking out.

It’s an interview you’ll only see on Channel 5 News.

Jessica Peña published the video on social media on Wednesday after recording the alleged incident involving a K9.

"She dragged the dog to the side of the building, and she started kicking him several times,” Peña said. “Honestly, I just needed someone to see it so it could get the attention it needs."

After the video was posted, Border Patrol Rio Grande Valley Sector Chief Patrol Agent Gloria Chavez released a statement that said the K9 was OK, and an investigation is underway.

READ MORE:  Border Patrol responds to video showing alleged animal abuse at Falfurrias checkpoint

Neither Chavez nor Border Patrol officials said if the agent shown on video would face any consequences.

For Peña, the statement didn't feel like enough.  

“How are they just going to brush it off like it was nothing,” she said.

Channel 5 News took Peña’s concerns to Canines in Action Academy in Edinburg. The academy’s master trainer, Marty Vielma, reviewed the video and told Channel 5 News that while the alleged kneeing shown on video may have been malicious, there's a chance it was a disciplinary technique.

Vielma spent years in law enforcement as a K9 handler and now trains them for local agencies. 

He said there are some techniques similar to what's shown in the video.

“For the jumping behavior, sometimes trainers recommend the handler block the dog with their knee,” Vielma said, adding that it's what happened before the video that would prove it. 

“We do not know, based on the video, was the dog maybe becoming reactive toward the handler? Or was it done after the dog was OK, and maybe the human became emotionally upset and tried to take it out on the dog,” Vielma said.

On Thursday, after this story originally went on the air, the Border Patrol RGVTV union issued the following statement on social media:

"On January 1, 2025, an incident involving a Border Patrol agent and her canine partner was recorded on video by a member of the traveling public and shared on social media. It was then shared thousands of times, to include by additional members of the public and the news media. The incident in question involves a canine handler correcting the behavior of her canine partner; however, as is oftentimes the case in "viral" videos, only one side of the story is put out. The video shows the agent utilizing proper corrective techniques, as she was trained to do by the Border Patrol's own canine handler instructors. The agent, as are all certified Border Patrol canine handlers, is a graduate of the USBP canine academy, a rigorous course in which prospective handlers are trained on how to ensure that they are the "alpha" over the canine, which includes immediate corrections for a myriad of issues, to include disobedience. Canine handlers are also taught to make an attempt at employing corrective actions outside of the view of the traveling public, because most members of the public view canines not as working dogs, but as pets. From the onset of their training, canine handlers are taught that their canine partners are just that, partners, not pets. While there is never an excuse for abusing a pet or a canine partner, what is viewed in the video is not abuse, but rather corrective action. The agency has stated that an investigation is being conducted, and we are confident that once completed, the evidence will show that the agent utilized her training and that no violations of policy occurred. We look forward to a full and fair investigation void of personal emotion."

As the investigation plays out, Peña said she wants transparency from the U.S. Border Patrol.

“I really hope that something gets done over this, and that this doesn't continue to happen,”  Peña said.