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The Army reservist who was jailed for holding seven illegal aliens at gunpoint until Maricopa County, Arizona, sheriff's deputies arrived will not be prosecuted as the action was determined to be a legal citizen's arrest.
County Attorney Andrew Thomas announced his decision today that Sgt. Patrick Haab did not commit a crime. He has been charged with seven counts of aggravated assault.
"This is a unique case with a very unique set of circumstances, and after a full analysis of the issues involved and the applicable law, prosecution is not appropriate," said Thomas.
Haab said he was acting in self-defense.
Arizona law conveys the legal right to make a citizen's arrest if a felony is being committed in the his presence or a felony has been committed and the citizen has reasonable grounds to be believe the subject has committed it.
Thomas pointed out that one of the individuals arrested by Haab, has been charged by the U.S. Attorney's Office with engaging in human smuggling. The other six engaged in felony conduct by conspiring with the alleged "coyote."
The Mexican aliens gave differing accounts of the April 10 incident. While all seven said they were held at gunpoint and ordered facedown to the ground, their stories about what happened earlier conflict.
"They seem to be all over the place," said David Cantor, defense attorney for Haab, who is stationed Kalamazoo, Mich.
Some said Haab, who served two tours in Iraq, took the keys from the Chevy Suburban in which they were sitting, while others said another man Haab summoned took the keys.
One of the immigrants said a second man, whom authorities are still trying to find, pointed a gun Haab gave him at the group.
Haab was released from jail Thursday night on $10,000 cash bond.
Haab told authorities that he drew a pistol to stop a group of men from rushing him at an Interstate 8 rest stop. The men later were determined to be illegal aliens from Mexico.
Haab is from New Paris, Ind., and is assigned to the Army's 415th Civil Affairs Battalion from Kalamazoo, Mich. He currently lives in the Phoenix area suburb of Mesa.
Thomas pointed out that the force used to make a citizen's arrest must be reasonable under the circumstances. The illegal aliens were running and had access to a vehicle, he said. Haab's use of a firearm was determined to be in accordance with applicable Arizona law.
"This is not a green light to intimidate, threaten or detain anyone merely suspected of being in this country illegally," said Thomas. "Mere presence in the U.S. illegally is a crime, but not in itself a felony, so other factors must be present in order to justify a citizen's arrest. In this case, the other factor was the human smuggling."
Joined: Apr 10, 2005 Posts: 853 Location: san francisco
Posted: Fri Apr 22, 2005 4:19 am Post subject:
Quote:
"Mere presence in the U.S. illegally is a crime, but not in itself a felony, so other factors must be present in order to justify a citizen's arrest. In this case, the other factor was the human smuggling."
Soldiers in many countries will kill you for comrpomising their borders. _________________ Rickey Lynn Esteves,Sr.
Joined: Mar 03, 2005 Posts: 3531 Location: Virginia
Posted: Fri Apr 22, 2005 8:32 am Post subject:
Quote:
"This is not a green light to intimidate, threaten or detain anyone merely suspected of being in this country illegally," said Thomas. "Mere presence in the U.S. illegally is a crime, but not in itself a felony, so other factors must be present in order to justify a citizen's arrest. In this case, the other factor was the human smuggling."
You know maybe if the feds would get off their worthless hides and close off our borders and actually arrest somebody themselves, then maybe, just maybe we citizens wouldn't feel the need to do it for you. It's simply, STOP THE INVASION and you won't have to worry about us taking the law into our own hands. What are the feds going to do when they see 100,000 armed civilians in unison head to the border and start arresting illegals en masse? Yeah the Minutemen did this protest at the border very peacefully, but there's no guarantee that the next protest with thousands of protesters will be peaceful if this invasion continues and you can take that to the bank.
Joined: Apr 10, 2005 Posts: 853 Location: san francisco
Posted: Fri Apr 22, 2005 10:51 am Post subject:
It's just so crazy that people from other countries can be so ired over people in our country concerned about illegal immigration into our own country. _________________ Rickey Lynn Esteves,Sr.
Joined: Apr 24, 2005 Posts: 2632 Location: Sweet Home Alabama
Posted: Wed Apr 27, 2005 3:42 pm Post subject:
Quote:
Some said Haab, who served two tours in Iraq, took the keys from the Chevy Suburban in which they were sitting, while others said another man Haab summoned took the keys
leave it up to this country to want to file charges against him ... what about the illegals, were they prosecuted?
[/quote] _________________ "Those who cannot learn from history are doomed to repeat it" George Santayana "Deo Vindice"
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