Thread: Immigrant accuses farmer in truck assault

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Immigrant accuses farmer in truck assault Barry County Sheriff's Department under investigation for delay in case
Friday, May 5, 2006
By Ben Lando
Special to the Gazette
HASTINGS -- A Delton-area dairy farmer has been arraigned on a felony assault charge after an illegal immigrant who worked for him complained to the Barry County Sheriff's Department that the farmer tried in anger to hit him with a pickup truck in March.

Meanwhile, the Barry County attorney and the Michigan Civil Rights Commission are investigating the sheriff's department, probing why it took the sheriff's office two weeks to begin investigating the allegation and whether the delay violated the worker's civil rights.

The case also has involved the Hispanic American Council of Kalamazoo, which is interceding because of its concern about fair treatment of immigrant workers and says it hopes the case will persuade other immigrants to speak out.

Carlos Alejandro Padilla Guadarramo, 20, who emigrated without documents from Mexico, told the Barry County Sheriff's Department that on March 4, farmer Al Riedstra, owner of Riedstra Dairy Ltd., became angry after more than 100 cattle on his farm at 8734 Milo Road escaped from a holding pen.

In a written police statement translated from Spanish into English, Padilla claimed Riedstra arrived to see what had happened, got out of his truck, became angry, insulted Padilla, then got back into the truck.

Padilla claimed Riedstra accelerated, spinning the tires on the frozen ground and that Padilla had to jump out of the way as the truck sped past him.

Padilla, who quit the dairy farm in April, claimed in his police statement and in an interview with the Gazette translated by Lori Mercedes, a Hispanic American Council coordinator, that there are witnesses to the incident and to a conversation minutes later in a changing room at the dairy farm, where Padilla said Riedstra attempted to persuade him not to call police.

``I can't let this go,'' Padilla said in the interview.

Barry County Prosecutor Julie A. Nakfoor Pratt authorized a warrant dated Wednesday for Riedstra's arrest on one felony count of assault with a dangerous weapon, which is punishable by up to four years in prison and a fine of $2,000. Riedstra turned himself in to deputies was arraigned Thursday, then released on a $25,000 personal-recognizance bond, according to the Barry County District Court Clerk's Office.

When contacted Wednesday before the warrant was issued, Riedstra said he had ``no comment regarding any of this. People make allegations every day.''

He added, ``We don't discriminate,'' and ended the brief telephone interview.

Padilla said he wanted to file a complaint against Riedstra but that because he doesn't speak English, his brother Jose Padilla made the call to the sheriff's department.

Nothing happened for several days, Padilla claims, until he enlisted the help of the Hispanic American Council of Kalamazoo.

The Hispanic council's Mercedes said she contacted the sheriff's department on March 12 and was told by Sgt. William Johnson that Padilla's complaint didn't generate an investigation because Padilla was an illegal immigrant.

``He kept going back to, `I don't want to get them in trouble,''' Mercedes said of claims by Johnson he would have to notify U.S. immigration officials about Padilla if he pressed the case against Riedstra.

``I kept saying, `That's not the issue -- the issue is, a crime was committed,''' Mercedes said.

When contacted Wednesday, Johnson referred all questions to Undersheriff Bob Baker.

Baker said taking two weeks to begin a criminal investigation was ``absolutely not'' standard for the department and that he began an internal investigation on March 20. Baker refused to discuss details and wouldn't say whether he would release results of the probe.

County Attorney John McGlinchey in a release today said Padilla's complaint was ``closed prematurely.'' He said, ``It is anticipated that discipline will be imposed on at least one employee of the Sheriff's Office.''

He added it does not appear Padilla was threatened with deportation, but it may have been conveyed through an interpreter that by making a public record, it would be possible for immigration officials to investigate.

He said in a phone interview today he is representing the sheriff's department in the state's civil rights investigation and responded to the Civil Rights Commission complaint on April 19.

Harold Core, spokesman for the Michigan Civil Rights Commission, wouldn't give details on his agency's inquiry, saying only that ``we have an investigation open regarding the allegations of Carlos Padilla regarding his treatment by the Barry County Sheriff's Department alleging he suffered illegal discrimination.''

Mercedes said complaints by migrants about their employers aren't unusual. She said some employers pay low wages, demand long hours, provide dangerous or dirty working conditions and abuse workers.

Because of their legal status, many workers who are in the country illegally are afraid of losing their jobs and won't challenge the system, Mercedes said.

``To have someone come out on this is the chance we've been waiting for,'' she said.

``By doing this I'm hoping this is going to send a message to other immigrant workers that you do have rights,'' she said of Padilla's case.

Riedstra won approval April 12 to build a 250-acre dairy farm in Park Township, which would make it the largest in St. Joseph County.

Maybe someone should send this article to all the dairy association publications -------

Let them know what they what what the future may have in store for them.

In our part of Texas, the dairy farmers were the first to hire illegals - then the poultry industry.

Maybe the illegal alien will end up owning the dairy farm like the couple from El Salvador who ended up with the ranch on the border, (can't remember the mans name could be Barnett).

This should be a warning to anyone who hires illegal aliens, serves them right.

``To have someone come out on this is the chance we've been waiting for,'' she said.

I just bet they were waiting.

Illegal aliens do not have civil rights in this country.

Originally Posted by lsmith1338

Illegal aliens do not have civil rights in this country.

You're joking, right?

They have more civil rights than you do.

http://www.mlive.com

Undersheriff says race played no part in delay
Saturday, May 6, 2006
By Ben Lando
Special to the Gazette
HASTINGS -- Barry County Under-sheriff Bob Baker acknowledges his department mishandled a complaint made by an illegal immigrant who says his former boss tried to run him over with a truck, but Baker says a delayed response had nothing to do with the worker's race.

It should ``absolutely not'' take two weeks before a criminal investigation is initiated after such a complaint, Baker said. But that's how long it took Baker's department to begin an investigation into claims by Carlos Alejandro Padilla Guadarramo, who said Al Riedstra on March 4 tried to run him down on a Delton dairy farm.

Riedstra, owner of Delton-based Riedstra Dairy Ltd., was arraigned Thursday on one count of felonious assault, two months after allegedly becoming angry that more than 100 cows escaped from a holding pen.

On March 20, two days after the criminal investigation into Riedstra began and 16 days after the alleged event, Baker said he began an internal investigation into why Padilla's complaint wasn't followed up right away.

The Michigan Civil Rights Commission has opened an investigation into the Sheriff's Department, after allegations Padilla, 20, was discriminated against.

In an April 19 letter to the Kalamazoo office of the civil rights commission, Barry County attorney John McGlinchey wrote: ``While there was probably an internal mistake, it certainly was not based on Mr. Padilla's race, nationality or citizenship status. Neither the Sheriff nor Barry County will tolerate unlawful discrimination.''

In an interview translated by Lori Mercedes of the Hispanic American Council -- who on March 12 began assisting Padilla in the complaint process -- Padilla said his brother, Jose Padilla, called the sheriff's department on March 4. Jose Padilla speaks English.

According to the letter, which details a ``preliminary investigation'' into the complaint, Jose Padilla was told by Barry County Sheriff's Deputy Angie Gustafson that the complaint needed to be made in person.

The letter states that the Padillas went to the Sheriff's Department the next day and were told the case should be handled by the Michigan State Police. The letter states a ``Deputy DeMaagd'' told them the State Police ``was better equipped'' for the investigation.

After that, Carlos Padilla returned to the Sheriff's Department with a written statement after the State Police refused to investigate, McGlinchey wrote, but Padilla's case had been closed ``because of an internal problem.''

McGlinchey wrote in the letter to the commission that at least one Sheriff's Department employee will be disciplined for ``the mishandling'' of Padilla's complaint.

Undersheriff Baker would not say when results of the internal investigation would be released.

The Hispanic council's Mercedes said in her initial contact with Sgt. William Johnson of the Barry County Sheriff's Department that she was told the department didn't follow up on Padilla's initial complaint because they would have had to notify U.S. immigration officials of Padilla's illegal-immigrant status.

``He kept going back to, `I don't want to get them in trouble,''' Mercedes said. ``I kept saying, `That's not the issue -- the issue is a crime was committed.'''

Mercedes said she felt the sheriff's department placed more priority on Padilla's immigration status than Riedstra's alleged actions, which is why she contacted the Michigan Civil Rights Commission.

``We have an investigation open regarding the allegations of Carlos Padilla regarding his treatment by the Barry County Sheriff's Department alleging he suffered illegal discrimination,'' said commission spokesman Harold Core, refusing further comment.

The commission is a ``quasi-judicial body authorized to issue punishment'' such as fines, said Core. He didn't say when the commission's investigation would be concluded.

Originally Posted by CountFloyd

Originally Posted by lsmith1338

Illegal aliens do not have civil rights in this country.

You're joking, right?

They have more civil rights than you do.

Both you you are right... that's what is sooooooooooo messed up about all this. They shouldn't have rights, but they absolutely do have more than us.

The price you pay for hinring illegals.

Illegals aliens have "human rights" not civil rights, but like someone else said, they have more rights,and free passes then we Americans will ever have