Posted on 10/27/2006 6:24:17 AM PDT by radar101
Drug smuggler Osbaldo Aldrete-Davila was shot in the buttocks as he ran away from two border patrol agents near the Rio Grande River in February 2005.
Department of Homeland Security officials told congressional leaders last month that two Border Patrol agents convicted of shooting a drug smuggler admitted to supervisors that they were "out to shoot Mexicans" the day of the shooting, but have yet to provide proof the agents made such statements.
In an effort to convince four concerned congressman that the trial, conviction and sentencing of El Paso, Texas, Border Patrol agents Ignacio Ramos and Jose Compean were warranted, representatives of Homeland Security's Office of Inspector General met privately with the congressmen to assure them of Ramos and Compean's guilt.
The agents were convicted earlier this year of shooting admitted drug smuggler Osbaldo Aldrete-Davila in the buttocks as he ran away from them near the Rio Grande River in February 2005. Ramos and Compean were sentenced last week to 11 and 12 years, respectively, in prison.
Rep. Ted Poe, R-Texas, one of the congressmen at the private meeting, said he and three of his House colleagues were told by the OIG's office that the agents "were out to shoot Mexicans," and that Homeland Security had other damning information about Ramos and Compean's actions the day Aldrete-Davila was wounded.
Poe and fellow Texas Republicans John Culberson, Kenny Marchant and Michael McCaul met with the OIG officials Sept. 26 in Texas.
Those officials, however, did not provide proof of the agents' supposed confession. Instead, they said they would provide the information after last week's sentencing hearing, according to the congressmen.
Two of the congressmen, along with National Border Patrol Council President TJ Bonner and Andy Ramirez, chairman of the Chino-based Friends of the Border Patrol, now are demanding that the OIG immediately provide the evidence it promised. Both organizations have publicly supported Ramos and Compean.
Officials at the Office of Inspector General did not return phone calls for comment.
"They will provide us the information we requested. They will either provide it informally, or they will be doing it formally," Poe said.
Jack Hirschfield, a spokesman for McCaul, said the congressman's office also has asked for the OIG information.
"Congressman McCaul is interested in following the ongoing issues involved in this case," Hirschfield said.
Poe said it is unclear what type of evidence the OIG will provide against the agents, and wonders why it wasn't used in their trial.
Bonner said the OIG's claims are an effort to detour Congress from holding hearings on the agents' case in November.
"These outrageous fabrications were clearly intended to derail the congressional investigation into the circumstances underlying the prosecution of two innocent Border Patrol agents," Bonner said.
Texas U.S. Attorney Johnny Sutton, whose office successfully prosecuted Ramos and Compean, said at a press conference after last week's sentencing that the pair shot an unarmed suspect.
"Being a United States Border Patrol agent is not a license to shoot people," Sutton told reporters. "It is especially not a license to shoot unarmed ... suspects who are running away from you. ... It is not a license to write a report and turn it in which leaves out the fact that you shot an unarmed suspect who was running away from you."
But an Office of Inspector General memorandum obtained by the Daily Bulletin Tuesday contradicts Sutton's claim that Ramos and Compean reported Aldrete-Davila was unarmed.
The memorandum of activity was written April 4, 2005, by Christopher Sanchez, the OIG investigator who questioned Compean about the Feb. 17, 2005, shooting. Sanchez was the same agent who went to Mexico to interview Aldrete-Davila, according to documents obtained by the newspaper. Sanchez brought the smuggler back under protective custody to the United States, where he was given medical care and was granted immunity by the Texas U.S. Attorney's office to testify against the agents.
Sutton could not be reached for comment Wednesday.
The six-page memo includes Compean describing what happened after Aldrete-Davila wrestled with the agent and threw dirt in his eyes.
"Compean said that Aldrete-Davila continued to look back over his shoulder towards Compean as Aldrete-Davila ran away from him," the memo reads. "Compean said that he began to shoot at Aldrete-Davila because of the shiny object he thought he saw in Aldrete-Davila's hand and because Aldrete-Davila continued to look back towards his direction. Compean explained that he thought the shiny object might be a gun and that Aldrete-Davila was going to shoot at him because he kept looking back at him."
Assistant U.S. Attorney Debra(cq with official web site) Kanof told the Daily Bulletin in August that the agents never told anyone the smuggler was carrying a gun. Kanof also could not be reached for comment on the incident report.
Two of Aldrete-Davila's family members, interviewed by the Daily Bulletin in El Paso last week, said Aldrete-Davila has been smuggling drugs since he was 14 and "wouldn't move drugs unless he had a gun on him," said one.
The family member, who asked to remain anonymous for fear of reprisal, added that Aldrete-Davila has "been bragging about the money he's going to get in a lawsuit every time we talk to him - but now he's nervous."
Aldrete-Davila is suing the U.S. Border Patrol for $5 million for violating his civil rights.
Meanwhile, the families of both agents are still trying to understand why the government would tell congressional representatives Ramos and Compean wanted to "shoot Mexicans."
"If anybody knew our family, they would know that most of our family still lives in Mexico," said Claudia Martinez, Compean's sister. "We are of Mexican heritage. Ramos is the same. Why would they ever say such a thing?"
Sara A. Carter can be reached by e-mail at sara.carter@dailybulletin.com or by phone at (909) 483-8552.
ping
Ah, the old CYA BS begins.
This whole thing stinks to high heavens. I wonder who all will get a cut of the $5 million.
Drug smuggler Osbaldo Aldrete-Davila will start his own Import, Sales and Distribution company. And it will be diversified: Marijuana, Cocaine, Meth, and Ecstacy.
and we the taxpayers are being asked to contribute the 5 million for his next business venture......wow....America and Americans are too kind.
Sanchez brought the smuggler back under protective custody to the United States, where he was given medical care and was granted immunity by the Texas U.S. Attorney's office to testify against the agents.
Outrageous. We spend our time and money to hunt down the scum not to punish him for his wrong doing, but to harm those willing to risk their life each day to protect us from the scum. The world has gone mad.
God help us.
You can bet this drug runner had a gun.
And it will be diversified: Marijuana, Cocaine, Meth, and Ecstacy.
Ain't diversity grand?
If it turns out Davila had a gun I can think of a few phonies on this board I'll be pinging.
Whose to say he wasn't shot on the other side of the border by his happy boss who had just lost over a million dollars. I still don't know how we can trust a drug smuggler who has been given immunity and can use this trial to set up his next law suit for 5 million.
According to family members he never left home without a gun when going on a run. Lets face it,most crooks carry guns.
There should have been a trail of blood from this side of the border to the other side. Where is the evidence?
This whole case stinks of corruption by the drug cartels and our government.
Something the OBL Chihuahuas here do with apparent ease.
There is no doubt in my mind that he had a gun. There is also no doubt in my mind that he is lying.
Two of Aldrete-Davila's family members, interviewed by the Daily Bulletin in El Paso last week, said Aldrete-Davila has been smuggling drugs since he was 14 and "wouldn't move drugs unless he had a gun on him," said one.
The family member, who asked to remain anonymous for fear of reprisal, added that Aldrete-Davila has "been bragging about the money he's going to get in a lawsuit every time we talk to him - but now he's nervous."
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Nice to now the DHS fully supports the rights of fine folk like the smuggler, huh?.
Ping
The guy probably rats out his competition. Our Gov has been coddling these types forever.
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