Posted on 09/12/2008 6:00:19 AM PDT by kellynla
EL PASO, Texas — Two former Border Patrol agents convicted of shooting a drug smuggler and trying to cover it up have been denied a request for a new hearing.
The 5th U.S. Circuit Court of Appeals in New Orleans denied the request by Ignacio Ramos and Jose Alonso Compean on Wednesday. The same court upheld the men's convictions in July.
No reason was given for the Wednesday's denial.
Ramos and Compean are each serving sentences of more than 10 years for shooting Osvaldo Aldrete Davila in the buttocks while he was fleeing from an abandoned marijuana load in 2005.
Aldrete was sentenced to 9 1/2 years in prison for his role in two seperate smuggling efforts later that same year.
(Excerpt) Read more at newsmax.com ...
“First, both of them knew that it was their responsibility to file an incident report and furnish their supervisor with it.”
Ramos had been involved in an incident previously that involved him pulling his weapon and firing it. After that incident he wrote a report and was chastized for it because that report was not required or wanted by the supervisor. Ramos was told that the supervisor would have asked for a report if the supervisor wanted one.
Also, the law does not require any law officer to file a report when they use their weapon. The reason for this is that in the past, often times the officer that used their weapon was dead or incapacitated.
“I am on the side of having border enforcement personnel who do their jobs properly. Who don’t let individuals like Aldrete-Davila escape and who do not obviously violate the Fourth Amendment,”
Read the first 7 words of the US Constitution. The authors said: “We the people of the United States”. The US Constitution was not written for everyone in the world. It was written for “We the people of the United States”. The Border Patrol officers were protecting “We the people of the United States”, which is the job they were hired and trained for.
If you want a world police force, then you can pay for it, because I am getting sick of paying for everyone who thinks this country should ignore those first 7 words and make this country into the world. If that ever happens, and we are getting very close to that happening, freedom will be a distant concept of history.
” Who don’t let individuals like Aldrete-Davila escape and who do not obviously violate the Fourth Amendment, ensuring that a judge will let the criminal escape.”
One more thing. Mexico does not have a Fourth Amendment.
LOL--and the other primary witnesses against Ramos and Compean are still employed by the Border Patrol.
Say, from a constitutional standpoint . . . do you want your rights determined in advance by a LEO? Just curious.
Proof or STFU.
Thanks, Saw this earlier
Maybe McCain will pardon them... or Palin.
Some Mighht Call It Justice
same old refrains
some would rather see them rot away
so be it. payback on the flip side is a ‘ya know what’.
It’s why Lady Liberty wears a blindfold, I reckun.
Proof or STFU.
Policy supports agents
Inland Valley Daily Bulletin Feb 20, 2007.
The agents were convicted partly due to the government's successful argument at trial that the two men failed to file a report about the shooting.But U.S. Border Patrol firearms policy specifically states that agents are prohibited from filing a report if a shooting incident takes place and that only an oral report to supervisors is required.
"Ensure that supervisory personnel or INS investigating officers are aware that employees involved in a shooting incident shall not be required or allowed to submit a written statement of the circumstances surrounding the incident," according to the firearms policy.
"All written statements regarding the incident shall be prepared by the local INS investigating officers and shall be based upon an interview of the INS employee."
INS refers to the Immigration and Naturalization Service, which oversaw the Border Patrol prior to the creation of the Department of Homeland Security. The shooting policy has remained unchanged.
Department of Homeland Security Office of Inspector General documents obtained by the paper show that all nine agents on the scene at the time of the shooting - including two supervisors - knew shots had been fired.
Wrong again.
Border agents who testified against convicted co-workers will be fired
Two Border Patrol agents who testified against two co-workers convicted of shooting a drug smuggler will be fired for changing their stories about events surrounding the shooting, according to documents obtained by the Daily Bulletin.Sources inside the Border Patrol also say Oscar Juarez, a third agent who testified against Border Patrol agents Ignacio Ramos and Jose Alonso Compean, resigned from the agency last month shortly before he was to be fired.
All three agents gave sworn testimony against Ramos and Compean for the U.S. Attorney's Office, which successfully prosecuted the shooting case in March. The agents were given immunity in exchange for their testimony despite changing their accounts of the incident several
"When you give deals to witnesses like immunity, the government usually gets the testimony (it wants)," said Rep. Ted Poe, R-Texas, a former judge and prosecutor. "This case is a perfect example."
I won't hold my breath on that one (sadly)
Hey dumbass I work for the Border Patrol. I’ve been involvled in shootings, I know the policy backwards and forwards. Agents do not need to write a written report. Let’s put some money on it b*tch.
Dred Scott.
At the scene, Compean was asked by a supervisor if he had been assaulted and responded that he had not been. Neither he, nor Ramos, nor several of the other agents who had heard shots reported to their supervisors that a weapons discharge had taken place. All agree that this failure to report was a violation of clearly-established Border Patrol policy. Nor did the defendants report that they had been threatened by Aldrete-Davila. Ramos and Compean suggested that their failures in reporting that they fired their weapons arose variously from simple mistake and fear of getting in trouble.
http://www.ca5.uscourts.gov/opinions/pub/06/06-51489-CR0.wpd.pdf
What?
He said “file a report” not “write”. I guess it depends on your definition of “file”. Are you saying BP agents are not required to report a firearm discharge to superiors?
This is from the INS Firearms Policy manuel dated 03/19/2003 and, if I recall correctly, was the policy in effect when the shootings acurred.
7. Deadly Force Involving Firearms
NOTE: Appendix 6 contains the Department of Justice policy, which governs the use of deadly force by all Department of Justice employees. The policy statement and commentaries are to be read jointly and are considered to comprise the Department of Justice Deadly Force Policy. This Subsection is the supplemental deadly force policy negotiated between the INS and its Unions, and applies to all INS officers:
A. Discharging a firearm shall be done only with the intent of stopping a person or animal from continuing the threatening behavior which justifies the use of deadly force. When deadly force is justified, an officer may use any level of force necessary, up to and including deadly force.
B. Firearms may be discharged under the following circumstances:
(1) When the officer reasonably believes that the person at whom the firearm is to be discharged possesses the means, the intent, and the opportunity of causing death or grievous bodily harm upon the officer or another person;
(2) At the driver or other persons inside a vehicle who the officer reasonably believes presents an imminent danger of death or grievous bodily harm to the officer or another person. The hazard of an uncontrolled moving vehicle, as well as the possibility of injury to other persons concealed in the vehicle, must be taken into consideration before firing;
(3) When confronted by an animal which presents an immediate threat to the officer or another person;
(4) When an animal is encountered that appears to be so seriously injured that it should be destroyed to prevent additional suffering. In the case of domesticated animals, officers should attempt to contact the owner prior to destroying the animal, if feasible;
(5) At a firearms sporting event or organized shooting competition; hunting for game and/or target practice on privately-owned land with permission of the owner; on public lands where the discharging of a firearm is not in violation of any law or ordinance and all reasonable safety procedures can be followed; or at a commercial, public, or government-owned firing range.
C. Firearms shall not be discharged under the following circumstances:
(1) As a warning shot.
(2) At a moving vehicle for purposes of stopping the vehicle.
(3) In any situation where it appears likely that an innocent person will be injured.
D. Officers shall draw their handgun only when justified by the circumstances. Officers are not required to provide oral or written justifications for such actions unless requested by a supervisor. All oral or written statements solicited by a supervisor from bargaining unit employees regarding such actions shall be governed by the applicable provisions of the law and the Collective Bargaining Agreement.
11. Reporting of Shooting Incidents
A. Any Service employee who participates in or observes a reportable shooting incident, as defined in Subsection 3.H., shall orally report the incident to a supervisor. Unless the reporting employee is physically incapacitated or otherwise unable, the report shall be made within one hour of the time the incident occurs or within one hour of the time the employee becomes aware of the incident. If the incident occurs while the employee is on duty, the employee must report the incident prior to going off duty. The oral report shall be made either in person, or via radio or telephone, and will be comprised of the following information, if known:
(1) The date, time, and location of the shooting incident;
(2) The identity and current location of any injured or deceased person(s), including an assessment of the extent of the injuries;
(3) The identity, physical description, and current location of any individual(s) known to be involved in, or to have witnessed the incident, including suspects who are at large;
(4) The description and location of vehicles involved in the incident, including any suspect vehicle(s);
(5) A brief description of the incident, including any unusual circumstance(s) which might cause additional conflict(s) or confrontation(s);
(6) The operational activity in which the Service employee(s) involved in the incident was engaged;
(7) The type of firearm(s) used, the number of shots fired, and the current location of all firearms used in the incident;
(8) Any other information that is needed to assure that the operational responsibilities of the Service related to the security of human life and Service equipment are properly carried out.
B. Following the initial reporting of the incident, an employee who learns of additional information concerning the items listed in Subsection 11.A.(1)-(8) shall promptly make an oral report of such information to a supervisor.
C. Any supervisory or management official who is notified of the occurrence of a reportable shooting incident shall make an initial supervisory report to the appropriate Authorizing Official in accordance with the following:
(1) Incidents involving personnel assigned to a District or Sector, or any subordinate office within a District or Sector, will be reported to the District Director or Chief Patrol Agent.
(2) Incidents involving personnel assigned to an office or activity which is directly under the jurisdiction of INS Headquarters, e.g., BORTAC, El Paso Flight Operations, National Firearms Unit, Service Academies etc., will be reported to the District or Sector Authorizing Official with geographic and programmatic jurisdiction where the incident occurred. The Authorizing Official to whom the report is made will have jurisdiction over the investigation and will assume responsibility as if the employee(s) involved were part of the Authorizing Official’s organization.
(3) The initial supervisory report shall contain all information known about the incident and shall be made within one hour of receipt of the first employee report, and may be made orally, either in person, or via radio or telephone. Whenever practical, the report shall be made through official channels, but the report shall not be delayed when observance of the chain-of-command is impractical.
(4) Following the submission of the initial supervisory report, any supervisor or other Service management official who receives additional information regarding the incident shall report the information to the Authorizing Official as soon as practicable.
D. Any Authorizing Official who is notified of a reportable shooting incident shall report it to the appropriate Regional Director in accordance with Regional guidelines for the reporting of significant incidents and within one hour of the occurrence of the incident, or as close to that time as practical, to the INS Command Center at (202) 616-5000. The report should contain all information known about the incident at the time.
(1) In any shooting incident where there is a death, serious injury, evidence of criminal misconduct by a Service employee, or an allegation of criminal misconduct by a Service employee, the Authorizing Official shall ensure that the incident has been reported to the law enforcement authorities having jurisdiction.
(2) Until the incident is resolved, the Authorizing Official shall be responsible for responding to requests for information about the incident from the public, the media, and other agencies with a “need to know” after coordinating such information releases with the appropriate Office of Press Information.
(3) Following the initial report of the incident and during the Service investigation, the Authorizing Official shall ensure that copies of all investigative reports, any other pertinent documents and copies of all printed and televised media reports are provided to the appropriate Regional Director and to the Office of Internal Audit.
(4) Upon completion of the local Service investigation of the incident, and prior to the initiation of any disciplinary action(s), the Authorizing Official shall send a copy of the proposed final report to the Office of Internal Audit for preparation and submission to the Shooting Incident Review Committee (SIRC). The Authorizing Official shall delay the initiation of disciplinary action until the recommendation of the SIRC is received.
(5) The Authorizing Official shall also provide a written report of the final disposition of the incident to the Office of Internal Audit.
E. Upon receipt of a report of a shooting incident, the INS Command Center will immediately notify the Office of Internal Audit (HQOIA).
F. The Office of Internal Audit shall evaluate the initial report of the incident, contact the Authorizing Official to confirm receipt of the report, and notify appropriate Headquarters and Department of Justice offices.
G. Following receipt of the Authorizing Official’s final report of the Service investigation of a reportable shooting incident, the Office of Internal Audit shall provide a copy to the National Firearms Unit for permanent retention. The NFU shall be immediately informed by the OIA of any incident that involves officer safety.
Ping to post 198 and 199!
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