Thread: Border Patrol Agents Travesty: Bush Should Commute Sentences

http://www.nationalledger.com/artman/pu ... 9239.shtml

By Debra Saunders
Oct 22, 2006

Someone ought to tell the Bush administration that prisons are for criminals, not law-enforcement personnel trying to do their jobs. On Thursday, a federal judge in Texas sentenced two former Border Patrol agents to 11 and 12 years in prison because they shot at a drug smuggler who was evading arrest.

In February 2005, Border Patrol agent Jose Alonso Compean got in a scuffle with smuggler Osvaldo Aldrete-Davila, who was driving a van that carried 743 pounds of marijuana. Compean and fellow agent Ignacio Ramos shot at Aldrete-Davila -- they say they thought he had a gun, which Aldrete-Davila denies. Ramos shot the smuggler in the butt, but because Aldrete-Davila kept running -- across the border -- they said they thought they did not hit him. The agents picked up their shells and failed to report the shooting. For that violation of agency policy, Ramos and Compean deserved an administrative review and some sort of job-related punishment.

Instead, due to a case of blind and bloodthirsty federal prosecutorial overkill, Ramos and Compean were sentenced to 11 years and 12 years, respectively. Oh, and the smuggler was granted immunity for the 743 pounds of pot and is suing the federal government for $5 million. Crime pays, while going after criminals can land you hard time in prison.

On the government's side, I should mention: A jury found the two agents guilty of assault with a dangerous weapon, discharge of a firearm during a violent crime, obstructing justice, lying about the incident and willfully violating the Fourth Amendment right of Aldrete-Davila -- who was in the United States illegally, not to be mention smuggling drugs -- to be free from illegal seizure. Now three jurors have signed statements saying they were pressured into a guilty verdict, for whatever -- read, not much at this late date -- that is worth.

U.S. Attorney Johnny Sutton released a statement last month that explained that he prosecuted the two agents because, before the scuffle: "In fear of what the agents would do to him next, (the smuggler) ran away from the agents, who then fired at least 15 rounds at him, although they had seen his open hands and knew that he was not holding a weapon and had no reason to think he had a weapon, hitting him once and causing serious bodily injury."

As everyone knows, drug smugglers would never carry a concealed weapon and prosecutors should take a drug-ring lieutenant's word over that of Border Patrol agents with clean records -- because the smuggler would tell the truth even if he had a $5 million incentive to lie. (Yes, that was sarcasm.)

I should note that the feds had offered the agents one year in a plea bargain, the El Paso Times reported, but the agents preferred to go to trial.

"They were innocent, why should they take it?" noted T.J. Bonner, president of the agents' union, the National Border Patrol Council. "They trust in the system of justice, and it let them down."

Let me note that if these agents were gun-happy rogue enforcers, or if they were running a criminal operation, Sutton would be right to want to put them behind bars. But these are good guys with no other marks against them. Ramos was nominated for Border Patrol Agent of the year in 2005 -- before the drug smuggler got his deal.

Crooked Border Patrol agents face less time than Ramos and Compean for running criminal operations. In July, agent Oscar Antonio Ortiz received a five-year sentence in San Diego for smuggling 100 illegal immigrants into America -- sometimes in a Border Patrol truck. In that case, the judge increased his sentence beyond the three years recommended by the feds. Last week, the Texas federal judge issued a lighter sentence than the 20 years recommended by the U.S. Probation Office, although federal mandatory minimums forced her to sentence Ramos and Compean to more than 10 years.

The House Judiciary Committee has promised to hold hearings on this case after the November elections. U.S. Sen. Dianne Feinstein, D-Calif., has asked for the Senate to hold hearings, as well.

Note to the Bush Department of Justice: Prison is for criminals. Follow-up note: If you want to save the taxpayers' money, just issue a memo that tells Border Patrol agents not to arrest smugglers. That would be cheaper than putting away Ramos and Compean for years in prisons filled with the type of guys they used to put away.

President Bush does not have to wait for congressional hearings. In order to spare the agents and their families from further anguish and legal bills, Bush should commute the agents' sentences now. If ever an act of compassionate conservatism was needed, this is it.

I fully agree, this is beyond a travesty, this is insanity. I have heard of illegal aliens and drug smugglers who have attacked and shot our Border Patrol agents who have received far less time in jail. How is it possible that a drug smuggler in the act of bringing in drugs can be given immunity and the right to sue for millions for committing a crime? What's next? If an illegal alien tries to rob a bank and the police shoot him, will he get immunity to testify against the officers and the right to sue for millions of dollars?

As far as the idiotic U.S. Attorney handling the case, this zelaous prosecution is a complete joke. Here in San Diego, we have a U.S. Attorney, Carol Lam who in 2004, prosecuted only 6% of all illegal alien smugglers captured. That's right, she let 94% of all the smugglers nabbed walk. She let's nearly 100% of all smugglers walk free with no charges, yet this Attorney feels the need to go after our own Border Patrol agents doing their job to protect America from drug smugglers, as if they press all cases equally to the full extent of the law. What a crock.

As far as Bush commuting the sentences of these agents, I doubt that he ever will, he only gives "amnesty" and "immunity" to illegal aliens, after all they're just good hearted drug smugglers looking to have a better life through crime and suing the government for civil rights violations.

President Bush does not have to wait for congressional hearings. In order to spare the agents and their families from further anguish and legal bills, Bush should commute the agents' sentences now. If ever an act of compassionate conservatism was needed, this is it.

Why would he do this? He's probably behind the whole prosecution in the first place.

We have a lynch mob residing in the Attorney General's office

Okay Rockfish. That's the best avatar you've ever had !! Please keep it for awhile.