Thread: Sutton Strikes Again

I made a reply on a post a few days ago in regard to an interview with Tom Tancredo where he talks about another BP agent charged and convicted by johnny sutton and I found the story on a yahoo immigration group i joined two days ago.
HERE IT IS..........

The Untold Story of Border Patrol Agent Gary Brugman
A Pattern of Malicious Prosecution by U.S. Attorney Johnny Sutton

Written by his own hand, former U.S. Border Patrol Agent Gary Brugman
tells how, in the performance of his duty, he was falsely charged and
convicted of violating the civil rights of an alien caught entering
the U.S. illegally at the Mexican border. This case, along with the
cases of Ramos and Compean, Hernandez, Sipe, and who knows how many
more, serves as proof of the agenda of malicious prosecution by
Johnny Sutton against law enforcement officers who dare to uphold our
immigration laws. (Sutton bio - Note the joined-at-the-hip
relationship with George W. Bush)

Once again, as in the Ramos and Compean case, Sutton worked in
concert with the Mexican Consulate to locate a deported Mexican
national and payed his way back to the United States many months
later to testify against a Border Patrol agent on false assault
charges. A Mexican national who had registered no previous complaint
against Agent Brugman. What incentive was he given? Who knows. It
is known that a member of his family subsequently received
chemotherapy treatment in the U.S. In a post trial interview, Johnny
Sutton went so far as to thank the Mexican Consulate for cooperation
in locating the deported alien. (DOJ Press Release)

A scandalous, but creative twist to this prosecution was that the
Sutton gang also brought a convicted and incarcerated drug smuggler
from his prison cell to testify against Agent Brugman. A drug
smuggler who Agent Burgman himself had captured six months after the
incident for which he was being prosecuted. Once again, there had
been no pevious accusation of any civil rights violation. Now
however, the convicted drug smuggler conveniently offered supporting
testimony to the prosecution's false accusation that Gary Brugman was
a rogue agent and a criminal. The false and vengeful testimony of
this convicted drug smuggler should never have been allowed by the
judge.

No one would listen to Gary Brugman several years ago and he spent
two years in the general population at federal prisons wearing
newspapers and magazines taped to his body as hopeful protection
against inmate attacks. In view of what has recently been disclosed
about Johnny Sutton's malicious tactics, his story will be viewed
with great interest now. Gary lost everything and his life was
ruined but he survived his sentence and is now a free man again.
Gary Brugman remains a patriotic American and tells his story now
only in an effort to help Ignacio Ramos, Jose Compean, and Gilmer
Hernandez prove their innocence against the power, influence, and
treachery of the U.S. Attorney and George Bush water boy, Johnny
Sutton.

My Story
by Gary Brugman 2-20-07
On January 14, 2001 I was assigned to the M-23 area of Eagle Pass,
Texas. We were shorthanded on personnel at the time, so my partner
Deomar Ramirez and I responded to the sensor activity a few miles
south of our assigned area. On that particular evening Agent Enrique
Vasquez was assigned to the scope truck. He was in the Rosetta Farms
pecan orchard when at approximately 1900 hours he observed a group of
10-12 aliens walking through the orchard. As he approached the
group, they began to run. My partner and I had arrived into the area
and I got a visual on them. I jumped out of the patrol vehicle and
began chasing them on foot as my partner drove around and tried to
cut off access to the river. I chased them through the orchard for
about 15 minutes, approximately one and a half miles, continuously
yelling for them to stop (in the Spanish language). At one point I
began to lose ground on them due to all of my equipment weighing me
down. Agent Remberto Perez and Trainee Agent Marcelino Alegria
rolled up on me in a vehicle and asked me which way they went. I
pointed into the orchard and they drove in that direction. I saw
that they had come across a concrete lateral (ditch), and Trainee
Alegria got out and ran after the group himself. He caught up to the
group quickly since he had a fresh pair of legs. Trainee Alegria
was trying to get them to sit down and it seemed that he didn't have
control of the situation. Some were sitting as directed, but they
were gathered around Trainee Alegria in a semicircle manner. In
other words, there were aliens in front of him, to his left and
behind him. As I jogged up to the scene, I saw that two aliens
behind him were not complying with his task direction to sit on the
ground. They were in fact squatting on one knee, looking at his back
and making lunging movements. At this time, I didn't know if they
were getting ready to run, or attack the Trainee Agent. I ran up to
the aliens and with the bottom of my foot I pushed the first alien to
the ground (later identified as Miguel Angel Jimenez-Saldana) and
told him to sit down as I said "SIENTENSE". I then turned to a
second alien and pushed him to the ground too. Agent Hector Aponte
was the agent assigned to drive the Transport van that night. He
picked up the illegals and transported them back to the station for
processing.

Six weeks later, on February 22, 2001 at approximately 0500 hours,
myself and several other Agents responded to sensor activity and a
report of 10-46 (Narcotics) traffic that had just come across the
river. Agent Niño was operating the infrared cameras and guided us
into the area. Agent Niño had advised us that on the infrared
cameras, he had observed approximately six to eight subjects come
across Leonards Pecan Orchard carrying what appeared to be bundles
(Narcotics). My partner Agent Serrano-Piche and I, along with
several other units quietly moved into the area and attemped to
apprehend the smugglers. Once we made our presence made, they
scatterded in several different directions. We apprehended about
four, when the camera operator notified me that he has spotted two
subjects hunkered down in the brush not too far away. I had my night
vision goggles and with the help Agent Niño on the camera, I was
guided towards the subjects through the darkness and mist.
Eventually, I saw the subjects and proceeded to walk towards them
slowly. Once they figured out that I could see them, they took off
running towards the river. I gave chase and continously yelled for
them to stop (again in Spanish). There was a fence between them and
the river, and since I was really close they turned and ran parallel
to the fence towards to West. I was still very close to them when
they came to another barb wire fence about fifty yards down the first
fenceline. The first subject leaped in between the barb wire strands
in a 'Superman' fashion. The second subject hit the strands head on
and flopped over the fence. I had on body armor and with so much
momentum going, I too flopped over the fence. All three of us were
on the ground on the other side of this fence, when the first subject
got up and ran off. The second was getting up when I grabbed his
legs before he could get away. We were both wrestling while trying
to stand up at the same time. All of a sudden, I somehow got
flipped and ended up on my back with the subject, a dope smuggler,
sitting on top of me. We had each other by the neck and collar, and
he had my right hand pinned to the ground. I remember thinking to
myself "Oh my God, I'm losing!!!" I twisted my right hand free and
hit him on the side of his face knocking him off of me. He ended up
on my left side and his right arm was underneath my body. I told him
to stop fighting. I could then feel him grabbing my handcuffs with
the arm that was underneath me. I then punched him in the face
three times until he said to me "Okay officer, stop hitting me". I
stopped and told him "Then stop fighting!!!" I layed on top of him
until Agent Enrique Vasquez arrived and helped me handcuff the
subject. I notified all of my Supervisors at the scene of the
altercation that had occured. All of the subjects were transported
to the Eagle Pass Border Patrol station for processing. Pictures
were immediately taken of all of Rodriguez-Silvas' injuries, and
documentation was made. My Supervisors told me not to write a memo,
just document it on the I-213, which I did. He was turned over to
DEA, prosecuted, convicted on four felony charges and sentenced to
fifty-seven months in a Federal Prison. His name was Miguel Angel
Rodriguez-Silva.

On March 15, 2001 Watch Commander Jimmie Hellekson called me into his
office and I was relieved of my service weapon. When I asked why, he
said that all he knew was that I was under investigation. From that
point on I was in limbo, without an explanation of any kind. The
only possible reason I could think of was that it was in respect to
the narcotics smuggler, Miguel Angel Rodrigeuez-Silva. For the next
14 months I replayed the night of February 22, 2001 over and over and
could not figure out what I had done wrong. It was May 14, 2002 that
I got a letter from AUSA Bill Baumann notifying me that I was the
target of an investigation and he was inviting me to my Grand Jury.
The invitation stated that I may be charged with violating the civil
rights of a Miguel Angel Jimenez-Saldaña on Jan 14, 2001. I thought
to myself "Jimenez-Saldaña?, Who is that?" It took me four whole
days of looking through records and paperwork to figure out who I was
working with, where I was working and what had happened, until I
realized that it was the illegal that I had pushed on the ground.
Now, nothing made sense to me. This man had no injury. I never laid
a hand on him. My attorney, Ronald H. Tonkin, advised me to decline
the invitation, which I did. On August 21, 2002 I was indicted, I
surrendered to the U.S. Marshals in Del Rio, Texas, and was released
on my own recognizance. In Sepetember, I appeared for arraignment in
Del Rio, and Judge William Wayne Justice said he believed this case
could be better tried in San Antonio, Texas. I agreed.

On October 28, 2002 I was brought to trial in Austin, Texas; a venue
that I had not agreed to. Jury Selection began that morning. The
prosecution had a seperate list of special questions for the jurors
in order to hand pick a jury. Selection was complete by that
afternoon and trial began. The first thing that AUSA Bill Baumann
did under the direction of Johnny Sutton, along with DOJ Trial
Attorney Brent Alan Gray, was ask that the incident involving the
narcotics smuggler Rodriguez-Silva on February 22nd be introduced as
evidence. I objected due to the fact that he was a convicted drug
smuggler, who I myself had arrested and was the primary reason he was
already serving time in the first place. Plus, the incident happened
six weeks after the indicted offense. Most of all, it had absolutely
nothing to do with what I was being charged with and no allegations
had ever been made that I had, in any way, violated any Border Patrol
policy when I apprehended him. However, Judge Justice allowed the
evidence to be presented despite my objections. On the prosecutions
table sat AUSA Bill Baumann, Brent Alan Gray, OIG Agent Gary Moore,
and the Mexican Consulate along with an associate that was working
the computer and slide projector. Jimenez-Saldaña was called to the
stand. Jimenez told his version of the story as Baumann asked
questions. Bill Baumann took the incident and changed my words to
benefit the Government. When I pushed Jimenez and the other subject
on the ground, I told them to sit and then I asked "Why are you
running?" It is a standard question that every Law Enforcement
Officer has asked a subject that has ran from them. I always asked
that question because it's been my experience that many times they
will tell you the truth..."I've been deported", "I have drugs on
me", "I have warrants". It's a standard law enforcement question.
Baumann continously and intentionally misquoted me as saying Do you
like to run? So you like to run, huh?" Words I never said. But, he
kept on repeating in front of the jury dozens of times. When I was
testifying, I told him what I had actually said, then he mocked me by
saying "Why did you ask them that? Were you concerned about their
health? Did you want to take them for a jog? Put them on an excercise
program, maybe?"

A critical factor at trial was that Jimenez could not identify me as
the one who had allegedly kicked him. My Attorney asked me to stand
up, then asked Jimenez if I was the one that had assaulted him. He
looked at me and said "I don't know, I never saw his face." Agent
Alegria testified that I had pushed someone with my foot, but did not
know if Jimenez was the one I pushed. Alegria also testified that I
had punched three subjects. However, Jimenez testified that he was
never punched by me but that I punched someone else. Agent Perez who
was 80-100 yards away testified that he had seen me kick one of the
aliens, but that he never saw me punch anyone. That's three
different testimonies as to what happened that night. I testified
that I did push Jimenez with my foot, but I never laid hands on
anyone...which is why I used my foot in the first place.

Jimenez was asked if anyone had made him any promises, or offered him
anything in exchange for testimony, he said no. However in a TV
interview for Univision TV show "Aqui y Ahora" (a Spanish TV show)
that aired on about June 3, 2003, he claimed that he was coming to
the U.S. to earn money for his daughter's chemotherapy. This
information was withheld by the prosecution during my trial. At the
end of the interview, the anchorwoman said that his daughter had
received the chemotherapy she needed. Who paid for that
chemotherapy, I don't know. But it would have been a major issue
during trial.

The prosecution then called the convicted drug smuggler, Rodriguez-
Silva to the stand to testify against me. The same Rodriguez-Silva
who I had captured on Feb. 22, 2001 and who fought me to avoid
capture. The same man who had since been convicted of smuggling
drugs and sentenced to over 5 years in prison. Since he was still an
actual inmate and in custody, he was followed into the courtroom by a
Deputy U.S. Marshal who sat right behind him on the witness stand
during his entire testimony. Through the length of his testimony,
the prosecution projected a picture that was taken of him immediately
after his arrest that showed his bloody nose and some grass on his
face. It also showed other injuries such as scratches from when he
went over the barb wire fence, and strap marks on his shoulders from
carrying the bundles of dope which weighed over 80 puonds each. But
of course, these injuries were also attributed to me by the
prosecution. Rodriguez told the truth until it got to the point of
apprehension, he testified that while he was running away I was
yelling "Stop you F***ing Son of a bitch or I'll shoot you!" I never
said those words. The only thing I yelled was "Parense!"
(meaning, "stop!" in the Spanish language). He testified that he had
twisted his foot and that was why I was able to "easily" apprehend
him. He also claimed that I took a pair of gloves out of my pocket,
put them on and then proceeded to punch him in the face. My former
Supervisor William O. Willigham, now the Border Organized Crime
Coordinator (BOCC), testified that for years he tried to get me to
take my gloves off. You see, I would ride my motorcycle to work and
wear my gloves. Since everything was so gross at the station, I
would keep them on. SBPA Willingham was always telling me he didn't
like me wearing them inside the building. He testified that he
doubted very much that I was not wearing my gloves. But Baumann had
to make me out to be this brutal person who was out for blood. It is
simply unrealistic that a person who is fighting to get away after
being busted with 800 + pounds of marijuana would sit there and allow
me to put on a pair of gloves so that I can punch him in the face.

During my cross examination, Baumann immediately began ridiculing me
and my character. He began by asking me if I had been hired as
a "special" hire, since I'm a disabled veteran. I told him no. He
then asked if they (the Federal Law Enforcement Training Center) had
bent the rules for me so that I can make it through the academy, and
I said no. I graduated 18th out of a class of 51 and it wasn't
because they bent the rules. He continuously misled the jury by
making false statements and changing my words. He did this so many
times that all I can say to you right now is to read my trial
transcript and see for yourself. I had five supervisors testify on
my behalf, and all of them swore that what I did was within the Use
of Force Policy. Yet he made them out to be liars as well. On
several occasions Baumann brought up bogus incidents that never
happened in front of the Jury. On one occassion, he claimed that I
had punched a 14 year old boy on the nose while he was merely sitting
in the processing room. Yet the only evidence he had was a slip of
paper from the OIG hotline, stating that the call was made from
Mexico anonymously, and the only actual piece of information on it
was my name. Nothing else. I had a Motion in Limine which did not
allow this information to be considered by the jury, but regardless,
AUSA Baumann had already presented it before them. This happened
several times throughout the trial and I was falsely made out to look
like a rogue agent to the jury and I had no way of disputing these
accusations.

At one point, I felt my heart sink and a feeling of despair come over
me. During one of the 20 minute recesses of my trial, Brent Alan
Gray and I were in the restroom at the same time. I asked him why he
was doing this to me and he said that "It's not a matter of IF you're
going to prison, it's a matter of how long you're going to prison
for. I have a $50,000,000 budget to make sure you're going." When I
heard those words, I was terrified to no end.

During sentencing, AUSA Bill Baumann stated that even though my case
was a minor assault, I still needed to be punished to the fullest
extent of the law. On a Univision interview, Johnny Sutton stated,
himself, that he was making an example out of me. In the Official
Dept of Justice Press release, Sutton bad mouthed me by saying that
what I did was inexcuseable and thanked the Mexican Consulate for all
his help in locating the illegal alien Miguel Angel Jimenez-Saldaña,
and bringing him back to testify. After Jimenez-Saldaña was
apprehended in Eagle Pass, he was incarcerated for approximately
eight weeks, pending deportation. Jimenez-Saldaña was indeed
deported back to Mexico. It was Johnny Sutton who called on Jorge
Espejel, the Mexican Consolate in Eagle Pass, Texas to help him
locate and bring Jimenez-Saldaña back into the United States. He
offered him imumunity and health care for his family in exchange for
his testimony against me. Like I said before, this information was
withheld during trial. Jimenez-Saldaña even testified that he did
not want to testify against me, but was pressured by both the Mexican
and U.S. Governments to do so.

Bill Bauman made the first closing argument to the Jury. He was
allowed 20 minutes to make his argument. Then my lawyer made his
arguement for 40 minutes. Once he was finished, I was shocked to see
Brent Alan Gray take his podium and place it in front of the Jury
stand, and begin to make a counter to my attorney's closing
argument. He stood there and lied to the Jury by saying that it was
amazing how Agent Alegria's story and Jimenez-Saldaña's story were
identical, and since their stories matched, that meant that I must be
a liar. However, anyone who reads the trial testimony can see that
they had completely different stories. As a matter of documented
fact, Jimenez-Saldañas testimony and mine were almost identical.
During deliberation, the Jury requested the trial transcript of
Alegria's testimony, but the request was denied by Judge Justice. He
said they would have to base their decision on what they can remember
from the previous four days of trial. Ironically, the only time that
the prosecution spoke about my indicted offense was on day one.

I remained out on appeal from October 2002 until April 2004. In
between that time (2003) I moved to San Antonio, Texas and rented my
home in Eagle Pass. I got a job working at a car dealership as a
salesman. That summer I decided to attend college, and I qualified
for educational benefits from the Dept of Veterans Affairs (VA),
under the Veterans Vocational Rehabilitaion Program. I was two weeks
away from the end of my second semester when on the morning of April
7, 2003 a team of U.S. Marshals came kicking at my door at 0520
hours. They practically took it off the hinges! I opened the door
and they came in, pushed my then 72 year old mother on the bed and
took me away. It would be 24 months later before I would come back
to my home again.

I was placed at the local contract prison in San Antonio called "GEO"
Inc. (Formerly known as Wackenhut). I spent almost four months in a
5 foot by 10 foot cell, 23 hours a day. Roaches and abuse from the
guards were normal. From there I was handcuffed, chained at the
waist and leg ironed then taken aboard Con Air and landed at the
Federal transfer center in Oklahoma City for over three weeks. After
that I was taken on Con Air again. This time we landed in Tampa,
Florida where we were all bused to the Federal Correctional Complex
located in Coleman, Florida. As a matter of fact, the Bureau of
Prisons (BOP) sent me to five different prisons, incuding the U.S.
Penetentiary in Atlanta, Georgia, and ultimately I was sent to Yazoo
City, Mississippi. It was during the move to FCI Yazoo City that all
of my legal papers, trial transcripts and research mysteriously
disappeared. I was told that it would follow me along with my
property, but when I arrived at my final designated facility, it was
not there. My personal property was there waiting for me, but my
legal property was not. To this day I haven't been able to get an
answer as to where it is.

Having served the Government for many years I experienced many things
that scared me. However, being a federal agent in prison is sheer
terror. At each of the prisons, I was placed on the compound with
the general population. The inmates in these prisons are a different
breed. They have ways of finding out who you are and knowing all of
the details about your case by the time you arrive. I was threatened
constantly to the point that I would stuff my magazines around my
waistline underneath my shirt, just in case I got stabbed. It was at
FCI Yazoo City Mississppi that I actually made a vest out of
newspaper and tape in order to protect myself. Another thing that
became a way of life for me inside FCI Yazoo City, is that you needed
to take showers in pairs for safety. You would find somone you could
trust, and they would shave their face and brush their teeth etc.
while you were showering. The gang members from New Orleans were
notorious for assaults in the shower. Every morning I would wake up
and ask myself if I was really there. I still have a very hard time
accepting what happened. It's extremely hard to find a time and
place to cry when you're a grown man in prison.

On March 21, 2006 my incarceration was over. Today, I'm just trying
to piece my life back together. As strange as it may sound to some,
I would jump at the chance to have my job back at the Border Patrol.
I was a good agent and I am still a loyal American. No amount of
lies from Johnny Sutton and the United States Attorneys office will
ever change that.

The recent exposure of the facts of the Compean and Ramos case, and
that of Deputy Hernandez, has torn me apart. I know how it feels and
it is terrifying. God bless these agents and this deputy. May He be
with them and their families every moment of the day.

This is all true to the best of my knowledge. Thank you

Respectfully yours,
Gary M. Brugman
Former Border Patrol Agent

SUTTON NEEDS DISBARRED AND TAKEN DOWN JUST AS HE DID ALL THE BPA. ITS TIME FOR ACTION AND JUSTICE!!