Thread: Border Patrol agents' conviction riles union chief

http://www.washtimes.com/national/20060 ... -6249r.htm

Border Patrol agents' conviction riles union chief
By Jerry Seper
THE WASHINGTON TIMES
Published August 16, 2006

Two U.S. Border Patrol agents facing 20 years in prison for shooting in the buttocks a drug-smuggling suspect should get a new trial because they are "victims of prosecutorial misconduct," including an unjust grant of immunity, says the head of the National Border Patrol Council.
NBPC President T.J. Bonner said exonerating evidence was withheld during the March trial of Senior Agents Ignacio "Nacho" Ramos and Jose A. Compean, whose sentencing is set for Tuesday, adding that the agents followed long-established Border Patrol policies in the incident.
He also said the suspect fled into Mexico after the shooting but later was given immunity on drug-smuggling charges to testify against the agents.
"This thing stinks to high heaven," Mr. Bonner said. "I am outraged and at a loss to explain why there were so many irregularities in this case. The only thing that is clear is that the prosecutors pointed their guns at the wrong guys, the good guys, and they let the bad guy walk. Now they want to send these agents to prison for doing their job.
"That offends me, and I believe most Americans would agree," he said.
On Friday, two of the 12 jurors who convicted the agents told the Inland Valley Daily Bulletin in Ontario, Calif., that they were pressured by prosecutors to return guilty verdicts and that other jurors sought a quick verdict because spring break was a week away and they wanted to avoid a long deliberation.
Osbaldo Aldrete-Davila was wounded as he ran from the agents along the Rio Grande near El Paso, Texas. The agents said he pointed what appeared to be a gun at them as they tried to apprehend him. More than 800 pounds of marijuana, worth $1 million, was found in the van he abandoned at the river's edge.
Aldrete-Davila is suing the federal government for $5 million, saying his civil rights were violated.
A federal jury in El Paso convicted Ramos, 37, and Compean, 28, in March of causing serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence and a civil rights violation. The shooting occurred Feb. 17.
Spotted in his van near the Rio Grande, records show Ramos gave chase while Compean circled around to head off the suspect. When Aldrete-Davila jumped out of the van and ran south to the river, he was confronted by Compean, who was thrown to the ground as the two men fought. Ramos said he saw Compean on the ground and chased Aldrete-Davila to the river, where the suspect suddenly turned toward him, pointing what looked like a gun.
"I shot, but I didn't think he was hit because he kept running into the brush and then disappeared into it," Ramos said. "Later, we all watched as he jumped into a van waiting for him. He seemed fine. It didn't look like he had been hit at all."
Mr. Bonner said that two weeks later, Aldrete-Davila called a Border Patrol agent in Arizona to say he was "forming a hunting party" to track down and shoot some agents for revenge. Mr. Bonner said the agent, who lived in Mexico and knew Aldrete-Davila before immigrating to the United States and becoming a citizen, advised against the plan and said he would report the incident to the Department of Homeland Security.
An investigator from the Office of Inspector General tracked down Aldrete-Davila in Mexico, where he was offered immunity in exchange for testimony. Assistant U.S. Attorney Deborah Kanof, who prosecuted the case, was not available yesterday for comment. During the trial, she argued it was a violation of Border Patrol policy for agents to pursue fleeing suspects.
Mr. Bonner, a 28-year Border Patrol veteran, also said the NBPC, which represents all 10,000 of the agency's nonsupervisory agents, opposed efforts under way in California by Friends of the Border Patrol and MOD EDIT to petition President Bush for a pardon, saying that would suggest the agents did something wrong. He said the NBPC "is confident the agents will be exonerated at a fair trial."
Border Patrol officials have declined to comment on the case, citing pending litigation.

Mr. Bonner, a 28-year Border Patrol veteran, also said the NBPC, which represents all 10,000 of the agency's nonsupervisory agents, opposed efforts under way in California by Friends of the Border Patrol and MOD EDIT to petition President Bush for a pardon, saying that would suggest the agents did something wrong.

I agree with Mr. Bonner, a pardon shouldn't even be considered in this case. I know "Friends of the Border Patrol" and MOD EDIT " believe they're doing the right thing by requesting a pardon for the supposed crimes, but IMO there was no criminal intent, hence no crime. The BP should deal with the non-reporting of the shooting administratively. The Assistant D.A. should have never pursued this case in court.

This case is the biggest joke I've ever seen. These two agents should received commendations for doing their job, and the drug smuggler should get a band aid slapped on his ass and sent back to his home country. I'll probably get my post pulled, but this situation just boils my blood.

This case is the biggest joke I've ever seen. These two agents should received commendations for doing their job, and the drug smuggler should get a band aid slapped on his ass and sent back to his home country.

I agree with everything you said sippy, but the part about sending the drug smuggler home. Instead of sending him home, I think we should have sent him to the big house for about 20 years for drug smuggling, resisting arrest, careless and wreckless driving, and whatever other charges considered appropriate in this case.

Mr. Bonner, a 28-year Border Patrol veteran, also said the NBPC, which represents all 10,000 of the agency's nonsupervisory agents, opposed efforts under way in California by Friends of the Border Patrol and MOD EDIT to petition President Bush for a pardon, saying that would suggest the agents did something wrong.

My appreciation for Mr. Bonners words of support hit a dead end when I read the above paragraph. Long before he was came out and publicly defended these heroic agents, Friends of the Border Patrol and MOD EDIT were hard at work raising public awareness of this grave miscarriage of justice! The petition in no way suggests that these men did anything wrong, quite the contrary, it demands that two innocent, wrongly convicted men be made whole. Mr. Bonner himself is proclaiming their innocence, yet he seems to think dragging these familes through the ordeal of a 2nd trial is justice?

Sheesh!

This miscarriage of justice was done for a reason.

It will have a chilling effect on other BP who want to do their jobs and enforce the laws.

It is a shame when our own government takes the side of the criminals.

Mr. Bonner himself is proclaiming their innocence, yet he seems to think dragging these familes through the ordeal of a 2nd trial is justice?

IMHO, a pardon is not justice. I'm sure these men would much rather go through a second trail, if necessary, vice having a permanent record. Also, a pardon wouldn't entitle these agents to resume their jobs with the border patrol. These guys deserve to be acquitted of all criminal charges. If a second trial is required for acquittal, so be it. Just my opinion.

To me a pardon is just excusing someone of doing something wrong. No, there should be no pardons. They should have their names cleared of what they are being charged with. They were doing the job they were getting paid to do. They are guilty of nothing except being honest, hardworking men..........doing jobs the Illegals won't do, Nor the Mexican government.
If these two fine men are sentenced for doing their job, then I would not blame each and every Border Patrol agent and National Guardsmen if they just walked away and never looked back.
With no authority down at the border, it looks like it will soon be every man for himself. Maybe that is what all these judges and our government wants. All out war. It's a sad, sad day when our judicial system turns out to be as corrupt as the drug dealers themselves.

He also said the suspect fled into Mexico after the shooting but later was given immunity on drug-smuggling charges to testify against the agents.

What! This case gets nuttier by the minute. They get off if they testifly! Sure, no problem, I'll lie to save my own hide.

Dixie

Originally Posted by MW

Mr. Bonner himself is proclaiming their innocence, yet he seems to think dragging these familes through the ordeal of a 2nd trial is justice?

IMHO, a pardon is not justice. I'm sure these men would much rather go through a second trail, if necessary, vice having a permanent record. Also, a pardon wouldn't entitle these agents to resume their jobs with the border patrol. These guys deserve to be acquitted of all criminal charges. If a second trial is required for acquittal, so be it. Just my opinion.

Point taken (ouch!), but my point was that these men should never have been on trial in the first place! These two should have:

Mr. Bonner said that two weeks later, Aldrete-Davila called a Border Patrol agent in Arizona to say he was "forming a hunting party" to track down and shoot some agents for revenge. Mr. Bonner said the agent, who lived in Mexico and knew Aldrete-Davila before immigrating to the United States and becoming a citizen, advised against the plan and said he would report the incident to the Department of Homeland Security.