Thread: U.S. border agent jailed for improper arrest of suspected dr

U.S. border agent jailed for improper arrest of suspected drug smuggler

By Jerry Seper
The Washington Times
Tuesday, October 25, 2011

A U.S. Border Patrol agent has been sentenced to two years in prison for improperly lifting the arms of a 15-year-old drug smuggling suspect while handcuffed - in what the Justice Department called a deprivation of the teenager’s constitutional right to be free from the use of unreasonable force.

Agent Jesus E. Diaz Jr. was named in a November 2009 federal grand jury indictment with deprivation of rights under color of law during an October 2008 arrest near the Rio Grande in Eagle Pass, Texas, in response to a report that illegal immigrants had crossed the river with bundles of drugs.

In a prosecution sought by the Mexican government and obtained after the suspected smuggler was given immunity to testify against the agent, Diaz was sentenced last week by U.S. District Judge Alia Moses Ludlum in San Antonio. The Mexican consulate in Eagle Pass had filed a formal written complaint just hours after the arrest, alleging that the teenager had been beaten.

Defense attorneys argued that there were no injuries or bruises on the suspected smuggler’s lower arms where the handcuffs had been placed nor any bruising resulting from an alleged knee on his back. Photos showed the only marks on his body came from the straps of the pack he carried containing the suspected drugs, they said.

Border Patrol agents found more than 150 pounds of marijuana at the arrest site.

The defense claimed that the smuggling suspect was handcuffed because he was uncooperative and resisted arrest, and that the agent had lifted his arms to force him to the ground - a near-universal police technique - while the other agents looked for the drugs.

The allegations against Diaz, 31, a seven-year veteran of the Border Patrol, initially were investigated by Homeland Security's Office of Inspector General and U.S. Immigration and Customs Enforcement's Office of Professional Responsibility, which cleared the agent of any wrongdoing.

But the Internal Affairs Division at U.S. Customs and Border Protection ruled differently nearly a year later and, ultimately, the U.S. Attorney's Office for the Western District of Texas brought charges.

The Law Enforcement Officers Advocates Council said the government’s case was “based on false testimony that is contradicted by the facts.â€

Now do you know why we have an illegal immigration problem? You can't keep the illegal drug trade flowing if you secure the border to keep illegal aliens out of the country.

The sickening treatment of the US Border Patrol agent is just another outrageous example of the total corruption within the DOJ in Texas when it comes to border control and immigration because it's all about keeping the borders open to keep the drugs flowing to keep the money flowing straight into the treasonous pockets of government officials and their Pay Pals.