Posted on 07/17/2007 7:55:33 AM PDT by Calpernia
(Washington, D.C.)...United States Congressman Duncan Hunter continues his pursuit of justice in the case of two border patrol agents that have been imprisoned. Hunter will attend and will testify for former agents Ignacio Ramos and Jose Alonso Compean at a hearing to be held in Washington D.C.
The agents allegedly shot a fleeing drug smuggler in the buttocks. They were subsequently given sentences of 11 and 12 years in prison, while federal prosecutors granted the drug smuggler immunity to return to the United States and testify against the law enforcement officers. Hunter exclaimed:
"The circumstances of this case have outraged many Americans concerned with the problems of illegal immigration and drug-running from Mexico. I have and will continue to call for a full pardon from the President in this case."
In February 2005, the agents tried to stop a van driven by alleged drug smuggler Osvaldo Aldrete-Davila near the Mexico border. After a scuffle with Compean, Aldrete-Davila fled on foot. Ramos says he believes that he saw a gun, which the smuggler denies. Both agents fired at Aldrete-Davila who fell, then continued his escape across the border. After he got away Ramos and Compean filed a report on the 743-pounds of marijuana they found in the van, but not on the gunfire. As it turns out, Ramos had shot Aldrete-Davila in the buttocks. A Homeland Security agent heard about the episode went to Mexico and offered Aldrete-Davila immunity, if he would testify against Ramos and Compean.
U.S. Attorney Johnny Sutton, a Bush appointee, prosecuted the agents.
In March, a jury found them guilty of assault with a dangerous weapon discharge of a firearm during a violent crime, obstructing justice lying about the incident, and willfully violating Aldrete-Davila's Fourth Amendment right to be free from illegal seizure.
Because there was gunfire, the mandatory-minimum prison sentence the agents will serve is 10 years. The U.S. Probation Office in El Paso, Texas had recommended 20 years for each of the two agents.
Aldrete-Davila, who faces no charges, is believed to be considering a civil suit against the agents and the United States Government. It is believed that he will seek $5M for the violation of his civil rights.
Hunter's congressional district is in southern California near the border with Mexico. He has led the Congressional campaign for border security joined by dozens of his fellow members, and several activist groups, in calling for a full pardon for the duo.
White House spokesperson Tony Snow recently said he wanted "cooler heads" to prevail and "facts" to be presented in the flaring dispute over the sentences imposed on the two former agents.
Following a failed request, lead by Hunter, to keep Compean and Ramos free on bail pending their appeal, the former agents surrendered to federal custody on January 17, 2007. Hunter noted "The very day they surrendered to federal custody, I recommended that agents Compean and Ramos be segregated and was assured they would be removed from the general population and close attention was being paid to their personal safety. The attack against agent Ramos indicates concerns for his personal safety and protection were ignored."
Hunter sent a letter to the President asking for an investigation into the attack against agent Ramos. The letter also requested the discharge that Bureau of Prisons Director Harley Lappin if facts show him to be derelict in his administration of his duties.
Hunter, the only Republican Presidential Candidate expected to attend the upcoming hearing, has been in the forefront on the immigration issue.
He has led the way for tight border security and for extraditing the immigrants who are in this country illegally.
It basically says that the government, or anyone, cannot take someones life without due process of law. In practice it means law enforcement officers are not judge, jury and executioner and if they decide to become so, the law treats them as they would (almost) as any other individual.
There are strict rules governing when an LEO can fire on a suspect (and all LEO’s fire to kill whenever they draw their weapon). These are in place to protect the innocent as well as guilty, but someone isn’t judged guilty until they have had a trial. It’s not up to the LEO to determine guilt and mete out justice in the field, it’s their job to apprehend the suspect so that person can then be subject to our judicial system. It is the basis of all western democracies and is what separates us from dictatorships and tin horn despots.
An LEO can only fire when there is an imminent danger to the officers, innocent bystanders and/or substantial loss of property. Period. In this case the BPA’s stated reason was that they thought the fleeing perp had flashed a gun at them. The problem is they then went on a concerted effort to destroy evidence and cover up the shooting which raised doubts about their story and ushered in the investigation.
At the conclusion of the trial the jury voted against the officers story. IMO, anyone who has read the transcripts would be hard pressed to side with it. IMfurtherO, anyone who does so is blinding themselves to the facts of the incident in order to further a separate cause. To me, this is sad because they are sacrificing our constitutional legacy and liberties to move the dial on what will in ten years probably become a transient issue (within ten years the border issue will be taken care of one way or another).
But that isn’t the salient point. Whether you want to agree or not, everyone in this country, citizens, aliens, alleged murderers and thieves, all are protected from having their lives taken from them by the government without due process. And according the the jury decision, that is exactly what Ramos and Compean attempted when they fired on OVD.
Now I could care less for OVD, he should be in jail. But I do care about our Constitution and the rule of law. The funny thing about that is we have to protect it for everybody, not just for selected classes or against despised groups. If it is not protected for everyone than it is protected for no one and none of us are safe.
If you had an intruder and you killed him after he had left your house and was running away, you would prosecuted in the same way as R&C with the exception that you didn’t do it under the color of authority.
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