View Full Version : Border Patrol Agents going to jail
What kind of world are we living in? This is outrageous IMHO.:confused:
Holly
http://www.foxnews.com/story/0,2933,243921,00.html
Lawmakers, Advocacy Groups Launch Last-Ditch Effort to Save Two Border Patrol Agents From Jail
Wednesday, January 17, 2007
By Liza Porteus
Two Texas Border Patrol agents who shot a Mexican drug runner in the backside on the U.S. side of the border are hoping a last-ditch pardon from President Bush will save them from serving more than a decade in prison.
Ignacio Ramos and Jose Alonso Compean are scheduled to turn themselves in to authorities Wednesday to begin serving 11 and 12 years, respectively, for the February 2005 non-fatal shooting.
Several groups, including Friends of the Border Patrol, The Minutemen and Grassfire.org, have been trying through petitions to keep the agents out of prison — through either a motion to U.S. District Judge Kathleen Cardone to allow them to remain free on bond during an appeal or through a presidential pardon from Bush. About a dozen rallies took place across the country in support of the agents last week.
I'm on their side up until the point where they tried to cover up the incident. I have no problem with them shooting this guy, regardless of whether or not he was armed.
I believe they should have been charged with evidence tampering and nothing more. They called their integrity into question by picking up their bullet casings and filing false reports. However, 12 years is a ridiculous sentence for two men trying to do a very difficult job with little support.
The U.S. Attorney that prosecuted this case should become the new poster boy for "I Love Mexico, let them all come on in and corrupt our country." I mean give me a break, this guy went out of his way to find this dirtbag drug runner in Mexico and grant him immunity.
Absurd.
I'm on their side up until the point where they tried to cover up the incident. I have no problem with them shooting this guy, regardless of whether or not he was armed.
I believe they should have been charged with evidence tampering and nothing more. They called their integrity into question by picking up their bullet casings and filing false reports. However, 12 years is a ridiculous sentence for two men trying to do a very difficult job with little support.
The U.S. Attorney that prosecuted this case should become the new poster boy for "I Love Mexico, let them all come on in and corrupt our country." I mean give me a break, this guy went out of his way to find this dirtbag drug runner in Mexico and grant him immunity.
Absurd.
Well, I have been following this case, and all it's details. From what I have learned, they did not know he was hit in the first place.
I can comprehend FTFSI, as far as procedure, but I am just a civilian. I do find it difficult to understand why they are being sent to prison over this.
Holly
Warrior-Mentor
01-17-2007, 17:59
Lobby for a POTUS pardon anyone?
Lobby for a POTUS pardon anyone?
peeking out slowly here...
Sir,
I will bring the cold beverages, and count me in!
Holly
Lobby for a POTUS pardon anyone?
Actually, for months several people to include Grassfire.com have been collecting signatures for petitions and they were all presented at the White House (not directly to POTUS) just the other day.
No joy...
I believe the last count was 250,000 signatures and 50+ members of Congress.
It was pegasus, originally 225K+ had signed petitions and after the petitions were delivered at least another 25K people signed.
http://www.foxnews.com/story/0,2933,244193,00.html
The Reaper
01-17-2007, 20:29
It would appear that there might be another one.
Apparently, the Border Patrol is no longer allowed to protect the borders, or themselves.
TR
http://www.kfmb.com/story.php?id=77289
Mexican Gov't Blasts Killing of Migrant
Last Updated:
01-17-07 at 8:22AM
MEXICO CITY -- The Mexican government sent a diplomatic note to the United States on Tuesday protesting the fatal shooting of a Mexican immigrant by a U.S. Border Patrol agent.
The note, presented by the Mexican Embassy in Washington, relayed "the Mexican government's firm condemnation" of the shooting and its "serious concern over the recurrence of this type of incident," according to a Foreign Relations Department news release.
The diplomatic note underscored Mexico's demand that the U.S. conduct "an exhaustive investigation" and punish whoever is responsible, the release said.
Francisco Javier Dominguez-Rivera, 22, of Puebla, Mexico, was killed Friday in a confrontation with the unidentified agent north of the U.S.-Mexico border in Arizona between Bisbee and Douglas.
A group of seven people were crossing the desert and the agent took six of them into custody without incident, authorities said.
But the agent and Dominguez-Rivera began fighting, authorities said. The agent, who believed his life was in danger, shot and killed the man, the Border Patrol said previously. An autopsy was scheduled Wednesday.
On Sunday, Mexican President Felipe Calderon expressed his "most energetic protest" against the shooting.
The agent is on paid administrative leave while the case is pending. An FBI spokeswoman in Arizona said both county and federal investigations were under way and that there could be a civil rights investigation.
Mexican consular personnel have met with Dominguez Rivera's brothers and the four others who are being held in a detention center in an effort to obtain their version of Friday's events, the Foreign Relations Department said.
NousDefionsDoc
01-17-2007, 20:37
They broke the law in the first case. They shouldn't have tried to cover it up. They are not "Texas" BP agents, the BP is federal. I'll agree shooting a Mexican bandit in the ass ain't much of crime, but they had their day in court and they'll have their appeal.
I do think they should be out on bond pending the appeal. Hell, the Colombians did that for those IRA assholes they caught training the FARC.
I don't think we ought to be pardoning people before the process has run it's due course in order to "rally the base!"
incommin
01-18-2007, 06:14
My grief in this is finding out Bush pardoned 6 drug dealers.....that our system let the drug dealer in this case sue the US (I'm a drug dealer, I illegally crossed the border and got shot, now I get to pass go and collect a million dollars).
The two border agents must have thought they did something wrong or they would not have filed false reports and cleaned up the scene!
Policy in any (at least most) law enforcement agencies is that if you discharge your weapon you fill a use of force report and let the dust settle where it may.......
Jim
NousDefionsDoc
01-18-2007, 08:07
I am not familiar with the pardoning of six drug dealers.
As for the Mexican bandit suing, that to me sounds like a judge trying to get his name associated with a high profile case. I doubt it will go very far, but I agree with you. Somebody should have shut it down already.
The problem may be that because the BP agents were convicted of a civil rights violation, the bandit has standing to sue. One kinda being proof of the other.
Doesn't mean he'll win.
Whatever the case, I don't want the POTUS, any POTUS, getting involved until the process has run its course. Pardoning them in 08 on his way out would be fine with me. But not jumping the middle now.
I am not familiar with the pardoning of six drug dealers.
As for the Mexican bandit suing, that to me sounds like a judge trying to get his name associated with a high profile case. I doubt it will go very far, but I agree with you. Somebody should have shut it down already.
The problem may be that because the BP agents were convicted of a civil rights violation, the bandit has standing to sue. One kinda being proof of the other.
Doesn't mean he'll win.
Whatever the case, I don't want the POTUS, any POTUS, getting involved until the process has run its course. Pardoning them in 08 on his way out would be fine with me. But not jumping the middle now.
NDD,
Greetings Sir. I can see the wisdom in this thinking. As a lowly civilian, I cannot omprehend how a drug smuggler can bring in a verified 750lbs of pot across to Our border, and Our guys go to prison, and he gets to sue the U.S. for 5 million dollars?
Since I have not fought in the drug wars personally, I am not informed as to the inner-workings of the fight. Yet something seems a bit odd here about the U.S. tracking down this guy in Mexico, and bringing him here to testify against the Agents, with immunity?
Also, as TR mentioned, there is another case brewing, with the mexican gov't bringing, "firm condemnation"
As someone outside the loop, it appears that the U.S. may stand more to gain from appeasing the Mexican Gov't than is being reported?:confused:
Just my humble .02.
Holly
Looks like POTUS will review this case.
http://www.foxnews.com/story/0,2933,244938,00.html
Bush Considering Pardon for Border Agents Convicted of Shooting Mexican Drug Runner
Friday, January 19, 2007
WASHINGTON — President Bush promised to review a case for a possible pardon of two former U.S. Border Patrol agents serving time in prison for shooting a Mexican drug runner.
Bush said in an interview with KFOX-TV in El Paso, Texas, Thursday that he would "take a sober look at the case" as it works its way through the appeals system.
"There are standards that need to be met in law enforcement and according to a jury of their peers, these officers violated some standards," Bush said. "On this case, people need to take a tough look at the facts, the evidence a jury looked at, as well as [the] judge. And I will do the same thing."
Ignacio Ramos and Jose Alonso Compean reported to prison Wednesday to begin serving their sentences for the 2005 non-fatal shooting of Osvaldo Aldrete Davila. Ramos faces 11 years and one day while Compean will serve 12 years. Davila fled to Mexico after he was shot in the buttocks and later admitted he was transporting over 700 pounds of marijuana in the U.S. illegally.
Rep. Duncan Hunter, R-Calif., introduced a bill to pardon the agents, joining a growing group of supporters of the men, including Reps. Dana Rohrabacher, R-Calif., and Ted Poe, R-Texas.
"There's a compelling case that this was an extreme injustice," Hunter told FOXNews.com.
Hunter, a potential 2008 White House contender, said he collected 72 co-sponsors on a bill within 15 minutes after he introduced the measure on the House floor. The bill is the first of its kind in Congress, said Hunter spokesman Joe Kasper. The legislation is likely to head to the House Judiciary Committee for consideration.
"There's nothing to lose because these gentlemen are already in prison," Hunter said, who has met with the agents' families and urged the White House to get involved.
Hunter also sent a letter to the director of the Federal Bureau of Prisons requesting the two former agents be segregated from the general prison population — some of which the ex-agents may have helped put away.
Ramos and Compean were fired after their convictions on several charges, including assault with a deadly weapon, obstruction of justice, and a civil rights violation.
Sen. John Cornyn, R-Texas, sent a letter to Senate Judiciary Committee Chairman Sen. Patrick Leahy, D-Vt., requesting an oversight hearing for a "public explanation and opportunity for questioning."
"I write to urge you to continue to conduct vigorous oversight of the federal government's commitment to protecting Americans who live and work along the border," Cornyn said in his letter.
Cornyn said he and Sen. Arlen Specter of Pennsylvania, who chaired the committee last year, investigated the case and that his office personally interviewed prosecutor Johnny Sutton.
Compean and Ramos were convicted by a jury last March of violating the civil rights of Davila when they shot him on Feb. 17, 2005, in Fabens, Texas, about 30 miles east of El Paso, then tampering with evidence by picking up shell casings from the shooting.
The ex-agents say Davila had a gun, and that's why they fired at him, but a gun was never found.
In exchange for his testimony against the two agents, Davila was granted immunity from prosecution by the U.S. government for attempting to smuggle nearly 750 pounds of marijuana, which had a street value of more than $1 million, into the United States on the day he was shot. He was treated in a U.S. hospital and is now suing the federal government for $5 million, Poe said.
The Associated Press contributed to this report.
A new development in the case...this Osvaldo scumbag has finally been indicted.
Will be interesting to see if it has any effect of the Border Patrol agents currently in prison.:munchin
http://www.foxnews.com/story/0,2933,311996,00.html
Mexican Drug Smuggler Shot by Border Agents Indicted on Drug Smuggling ChargesFriday, November 16, 2007
EL PASO, Texas — The arrest of an admitted Mexican drug smuggler shot by a pair of U.S. Border Patrol agents is prompting renewed calls for the former law-enforcement officials' release from prison.
Osvaldo Aldrete Davila was arrested Thursday at an international port of entry in El Paso; a sealed indictment issued in October charged him with drug smuggling offenses.
"These guys absolutely need to be pardoned," Rep. Tom Tancredo, R.-Colo., told FOX News on Friday.
The agents, Jose Alonso Compean and Ignacio Ramos, were convicted last year of shooting Aldrete and lying about it. The agents were each sentenced to more than a decade in prison.
"This whole thing with Davila shows you how rotten the deal is they got," Tancredo said.
Aldrete is scheduled to appear in federal court in El Paso on Friday.
A sealed indictment was issued in October charging Davila with possession with the intent to distribute a controlled substance, conspiracy to import a controlled substance, and conspiracy with intent to distribute a controlled substance. According to the indictment, Aldrete committed the crimes in September and October 2005, several months after he was shot in the buttocks while fleeing from a pair of Border Patrol agents.
"For more than a year, critics of the prosecution ... have complained that Aldrete, the fleeing, unarmed drug smuggler they shot, should have been prosecuted for drug smuggling," U.S. Attorney Johnny Sutton said in a written statement. "I have repeatedly said that if we obtain sufficient competent and admissible evidence against Aldrete, we would prosecute him."
Aldrete's shooting and the subsequent arrest and conviction of Ramos and Compean caused a national firestorm among conservative lawmakers and others. Critics of Sutton have repeatedly called the prosecution unjustified and the sentences extreme.
In July, conservative Republicans won initial House support for an effort to cut federal funding to house the former agents in prison.
U.S. Rep. John Culberson, R-Texas, said Thursday that Aldrete's arrest and indictment should have come sooner.
"It's about time they arrested the drug dealer," Culberson said in a statement issued by his office in Washington. "It's long past time for them to release agents Ramos and Compean."
Joe Loya, Ramos' father-in-law, said the indictment was not surprising.
"He is a career criminal who has been smuggling drugs since he was 14," Loya said. "Who I really feel sorry for is his wife and children."
Opponents of the prosecution against Ramos and Compean have previously argued that Sutton's office ignored evidence that Aldrete, who acknowledged smuggling drugs the day he was shot in February, 2005, had smuggled drugs a second time. He was given immunity for the first smuggling attempt to testify against the agents.
According to testimony at the agents' trial, Aldrete encountered Border Patrol agents after crossing illegally into the U.S. from Mexico in a marijuana-loaded van. While fleeing from agents, he crashed the van and tried to run back to Mexico on foot.
Before he could make it back across the Rio Grande, Aldrete struggled with Compean, who later fired more than a dozen shots at the fleeing man. Ramos fired a single shot after finding Compean on the ground, shooting at Aldrete. It was Ramos' bullet that hit Aldrete.
Compean testified at trial that he shot in self-defense and fighting with Aldrete and then seeing what he believed to be a gun in Aldrete's hand. Ramos said he fired in defense of Compean.
Aldrete, who was severely wounded but managed to flee back around the river, denied having a gun and testified that he ran from Compean after the agent tried to hit him with the butt of a shotgun.
Both men acknowledged not reporting the incident. Several other Border Patrol agents at the scene that day who also did not report the shooting were not prosecuted.
The agents began serving their sentences in January.
If convicted of the drug charges, Aldrete faces up to 40 years in prison and a $2 million fine.
One can only hope this will soon be resolved and the agents will be back with their families.
http://www.gopusa.com/news/2007/december/1204_border_agents.shtml
Appeal Heard in Border Agents' Shooting
By MICHAEL KUNZELMAN
Associated Press
December 4, 2007
NEW ORLEANS (AP) -- Federal prosecutors appear to have ''overreacted'' in their pursuit of a case against two Border Patrol agents convicted of shooting a fleeing drug suspect and hiding evidence, one of three judges considering an appeal said Monday.
Jose Alonso Compean is serving 12 years in prison and Ignacio Ramos 11 years for assault, obstruction of justice and civil rights violations in the wounding of Osvaldo Aldrete Davila on the border near El Paso, Texas, in 2005. The agents want the convictions thrown out; they claim the shooting was a case of self-defense but acknowledge not reporting the incident.
If the agents had reported the shooting as required, ''this prosecution never would have occurred, in all likelihood,'' said Judge E. Grady Jolly, part of the three-judge panel of the 5th U.S. Circuit Court of Appeals hearing the case.
Noting the severity of the charges and the lengthy sentences prosecutors sought, Jolly said, ''It does seem to me like the government overreacted here.''
Conservative lawmakers and other critics have called the prosecution unjustified and the sentences extreme. They note that Aldrete was given immunity from prosecution for allegedly trying to smuggle drugs the day he was shot, and that jurors weren't allowed to hear allegations that he smuggled marijuana into the United States several months after the shooting.
Aldrete was arrested last month following an October indictment on various drug charges.
Another member of the 5th Circuit panel, Judge Patrick Higginbotham, said evidence that Aldrete made multiple attempts to smuggle drugs across the border ''strikes me as very relevant.''
The judges didn't indicate when they will rule on the appeals, but Compean's lawyer, Bob Baskett, said he was encouraged.
''They certainly were aware of the significant issues in the case,'' Baskett said after Monday's hearing.
Ramos' attorney, David Botsford, said he didn't read anything into the judges' remarks.
''The court is going to follow the law,'' he said outside the New Orleans courthouse.
U.S. Attorney Johnny Sutton said in a written statement following the hearing that he expects the appeals court to ''resolve the disputed legal issues in accordance with the rule of law.''
''Some in the media and on the Internet have tried to portray agents Compean and Ramos as heroes, but that narrative is false,'' Sutton said. ''The actions of Compean and Ramos in shooting an unarmed, fleeing suspect, destroying evidence, and engaging in a cover-up, are serious crimes.''
During his trial, Compean testified that he shot in self-defense after seeing what he believed to be a gun in Aldrete's hand. Ramos said he fired in defense of Compean. Aldrete denied having a gun.
Baskett said the trial judge, U.S. District Judge Kathleen Cardone, failed to properly instruct jurors on the legal principles governing the use of deadly force by law enforcement officers.
Botsford said Cardone should have allowed jurors in the trial in El Paso to hear evidence that Aldrete was ''not a (drug) mule, a simple one-time (border) crosser.''
''He basically left a false impression for that jury,'' Botsford said of Aldrete.
Assistant U.S. Attorney Mark Stelmach acknowledged in court Monday that Aldrete told ''some lies'' to investigators, but said jurors rejected the agents' argument that they acted in self-defense.
The agents' wives and several Border Control agents attended Monday's hearing.
''I'm still very guarded about it, because you never know what to expect,'' said Ramos' wife, Monica.
Compean's wife, Claudia, said the judges' remarks gave her a ''little hope.''
warrottjr
02-10-2008, 20:14
Simply Incredible! Amazing! (http://webpages.charter.net/wildcatbill2/SimplyIncredible!Amazing!.pdf)
Fox News has reported that Pres. Bush has commuted their sentences. They are awaiting a full pardon. :lifter
I'm glad the sentences have been commuted. A full pardon would have been more appropriate, in my opinion.
I thought they were going to be pardon,,,but have not heard anymore of it
I thought they were going to be pardon,,,but have not heard anymore of it
The first step is this and he then can Pardon them from what I know of the process.
http://www.foxnews.com/politics/2009/01/19/bush-commutes-sentences-border-patrol-agents/
Their sentences will now expire on March 20 of this year
Glenn Beck is suppose to cover this tonite on his show on Fox at 5pm EST.
Red Flag 1
01-19-2009, 15:31
I'm glad the sentences have been commuted. A full pardon would have been more appropriate, in my opinion.
Could not agree more!!
RF 1
Maybe we'll hear from Beck,, but I think the full pardon is out. Has to do with the technical bit-n-pieces of the presidential pardon process.. I think they need to wait 5 yrs from conviction..
Maybe we'll hear from Beck,, but I think the full pardon is out. Has to do with the technical bit-n-pieces of the presidential pardon process.. I think they need to wait 5 yrs from conviction..
JJ... according to information I found:
The Justice Department recommends anyone requesting a pardon must wait five years after conviction or release prior to receiving a pardon. A presidential pardon may be granted at any time, however, and as when Ford pardoned Nixon, the pardoned person need not yet have been convicted or even formally charged with a crime. Clemency may also be granted without the filing of a formal request and even if the intended recipient has no desire to be pardoned. In the overwhelming majority of cases, however, the Pardon Attorney will consider only petitions from persons who have completed their sentences and, in addition, have demonstrated their ability to lead a responsible and productive life for a significant period after conviction or release from confinement.
http://en.wikipedia.org/wiki/Presidential_pardon
According to the information on this site: even if a person gets a commutation, they are still considered guilty. No pardon? This will always hang over their heads? :( At least with a pardon, some of their rights could be restored.
What prevented their pardon, IMO is some of the "wrong" stuff that they did, like pick up shell casings etc.
I think that there is enough details about the shoot that are questionable and the agents knew that they were in a grey area and tried to push themselves onto the "good" side of the black-white line rather than let the chips fall.
They then had the mis-fortune of getting a prosecutor that enjoyed his job a little too much, didn't like border patrol cops, or was simply in a bad mood and they got an excessive sentence. If they wouldn't have gotten hammered so badly by the prosecutor, maybe President Bush would have kept hands off of this one.
The article I read earlier stated the President felt the verdict fair, but the sentence seemed excessive...which is why he commuted it.
I would have liked to see a pardon. Sutton was far too...enthusiastic in his pursuit of the scumbag illegal to testify against the BP agents.
Soft Target
01-20-2009, 08:19
This whole things stinks to the highest level.
Been out of commo for 24 hours, and just heard!
Outstanding, IMHO.
Having followed this case from the beginning, I have learned a lot about how "our system" works.
They did not follow procedure, however, they did shoot a scumbag drug smuggler, so my hat is off to them!:lifter