By Brian J. Pedersen
Arizona Daily Star
Tucson, Arizona | Published: 06.04.2009
advertisementA Tucson man convicted of littering on federal land said he will continue to leave out water for illegal immigrants walking through the desert, even if that means risking further citations.
"We're committed to our humanitarian efforts," said Walt Staton, 27, who was found guilty Wednesday in U.S. District Court of knowingly littering on a national wildlife refuge.
"We're not asking permission from the United States to save people's lives. We never have, because we know they'd say no," Staton said.
Staton, a Web designer and volunteer with the humanitarian group No More Deaths, faces up to one year in prison and a $10,000 fine when he is sentenced Aug. 11 by U.S. District Magistrate Judge Jennifer Guerin.
He was cited Dec. 4 for littering when U.S. Border Patrol agents spotted him placing unopened gallon containers of water in the Buenos Aires National Wildlife Refuge southwest of Tucson.
It was one of dozens of times in his five years of volunteering with the group that he had left out water, Staton said. This time, though, Staton said a Border Patrol agent stopped his pursuit of a group of illegal immigrants to seize the water.
"I was just trying to save lives," Staton said. "I was trying to end the death and suffering in the desert. The best we can understand, the United States wants to enforce the border by making the desert itself a deterrent."
Staton's attorney, William Walker, argued during the two-day trial that leaving full, unopened water jugs out didn't constitute littering just because someone else later disposed of the empty container elsewhere.
He told the jury of four men and eight women that, based on the prosecutor's theory, if they were given a meal in the jury room and then tossed an empty wrapper on the floor, it would mean the court was guilty of littering.
"Just because something can turn into litter from someone else doesn't make it litter," Walker said. "His intent and purpose was for them to drink the water, not to litter."
Prosecutors argued it shouldn't matter what Staton's intentions were, or a person's motives for committing a crime would matter in other cases.
"Every bank robber would come in here and say they did it to save their dying grandmother," Assistant U.S. Attorney Lawrence Lee said.
The verdict shocked Walker, who said about one-third of the jury pool was disqualified because they'd acknowledged sympathy for Staton. He said he didn't think it would be possible for those chosen to find Staton guilty.
"What really surprised me, though, was . . . this trial must have cost the government more than $50,000," Walker said. "They say there aren't enough agents on the border, that they can't stop terrorists from coming into the country . . . and then they spend all of this time and money prosecuting a humanitarian who is putting out water to save lives."
Staton is the second No More Deaths volunteer to go to trial on a federal littering charge. Daniel Millis was found guilty at a bench trial in September, though Walker — who also handled that case — said he has appealed to the 9th U.S. Circuit Court of Appeals. Walker said he also plans to appeal Staton's conviction, taking it to the U.S. Supreme Court if needed.
Contact reporter Brian J. Pedersen at 573-4224 or bjp@azstarnet.com.
Get Arizona Daily Star home delivery and SAVE BIG!

http://www.azstarnet.com/allheadlines/295650