"What exactly is their crime? In the words of Assistant U.S. Attorney Debra Kanof, It is a violation of Border Patrol regulations to go after someone who is fleeing. That is, if an illegal immigrant even a drug kingpin or terrorist flees from a Border Patrol agent, regulations demand that he not further pursue or apprehend the fugitive. Patrol agents acknowledge this procedure is widely disregarded, for obvious reasons. Secondly, both men have said numerous agents were on hand for the shooting and had filed a report, so they did not file a report of their gunfire.
Compean also picked up his shells from the scene, though Ramos did not. These actions breach Border Patrol protocol and should be subject to appropriate disciplinary action. Instead, the federal government portrayed Ramos and Compean as bloodthirsty racists and threatened them with 20+ years in prison."
http://www.nbpc.net/ramos_compean/frontpagemag.htm