Posted on 01/29/2007 11:35:59 AM PST by NapkinUser
WASHINGTON -- U.S. Rep. Duncan Hunter, R-Calif., who may seek the GOP nomination for president in 2008, has called for a congressional pardon of two U.S. Border Patrol agents convicted of federal offenses in the shooting of a Mexican drug smuggler.
The two agents, convicted and sentenced on several charges — including assault with a deadly weapon, obstruction of justice and a civil rights violation — are serving 12 and 11 years respectively. They have been the subject of a general hue-and-cry over their fate in the media, the blogs, and on Capitol Hill that has been heard loud and clear at the White House.
"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," was President Bush's latest word on the controversial case.
But that "tough look at the facts" may not bode well for Compean and Ramos.
At trial, the agents' lawyers argued that the agents, who fired on suspected drug smuggler Osbaldo Aldrete-Davila after a foot chase along the Texas-Mexico border in February 2005, did so because they thought he had a gun in his hand. Aldrete-Davila was struck by one round in the buttocks, but nonetheless was able to escape across the Rio Grande River.
The shooting occurred after Aldrete-Davila had fled a van the agents were pursuing. It was later revealed that the van held more than 700 pounds of marijuana, worth nearly $1 million.
The trial transcript, however, indicates that the west Texas jury heard lots of aggravating facts and circumstance that perhaps turned the corner on their final judgment of the credibility of the agents, both of whom testified in their own defense.
A Border Patrol agent by the name of Juarez was at the scene and testified as to what he observed. Coaxed back from Mexico with assurances of immunity and medical treatment, Aldrete-Davila also testified — as did the agents' supervisors who heard the critical after-action reports from the convicted agents.
Included in the transcript:
Contrary to some reports making the rounds over the Internet, the entire incident occurred in the middle of the afternoon — about 1 o'clock. The clear and bright conditions arguably minimized possible confusion about the presence of a gun potentially endangering the lives of the agents.
Agent Juarez and Aldrete-Davila, as well as the on-trial agents testified that Aldrete-Davila had surrendered in the bottom of a steep ditch running with water. While the suspect was in the ditch, Compean had him covered at gun point. Aldrete-Davila emerged from the ditch with his hands in the air — with no weapon in his hands.
Compean then tried to hit Aldrete-Davila with the butt of his shotgun, tripping and falling in the process. At that point, Aldrete-Davila took off running in the direction of the Rio Grande River.
Recovering, Compean then opened fire with his .40 caliber semi-automatic pistol sidearm, stopping to eject a finished clip of ammunition and replacing it with another. He got off a total of 14 shots. Hearing the shots and moving to back up his partner, Ramos shot once with his own sidearm — striking the suspect in the buttocks. Neither Compean nor Ramos knew at the time for sure that the fleeing suspect had been hit. A total of 15 shots were fired.
Against all crime scene protection procedures, the two agents then policed-up all their expended shell casings and removed them from the scene.
After the fact, the agents filed a false report of the incident a fact that prosecutors were able to argue suggested that the agents knew they had overstepped the self-defense boundaries in the use of potentially deadly force.
It should be noted that Ramos' attorney, Mary Stillinger, maintains that the court record does not expressly show that Ramos personally destroyed evidence, even though there was evidence at trial that Compean did. She also maintains that Ramos wasn't questioned about the incident by anyone and never offered a false official report about the incident, because he didn't write any report.
Testimony further indicated that neither agent ever bothered to take cover or warn other agents arriving on the scene of danger.
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Good
Fodder for people that don't know jack about gunfights.
What the heck is a "Congressional pardon," anyway? Pardons are an Article II power.
Newsmax is lagging.
Hunter officially announced last week that he is running for POTUS.
those two belong in jail, and duncan hunter just lost my support...
According to a previous press release the testimony was that Campeanos did a "magazine exchange". A magazine exchange is done by leaving a round in battery with the weapon pointed at the THREAT. The partially loaded magazine is removed and a full one is inserted. Magazine exchanges are typically done under duress. The chaos of a life threatening situation often makes a person lose count of the number of rounds they shoot, so a magazine exchange is performed. Although it's not certainty, it is a good indication that Campeanos thought his life was in danger.
This case puts a chill on border enforcement. Heck, we should have MA Deuce MGs every 100 yeards along the border with orders to shoot to kill.
If I ran the border between Vermont and Canada where I live, I would expect multiple rounds of .45 cal coming at me from behind. This case makes no sense.
doorknob....
I agree, the jury found them guilty of a lot more than excessive force. It is what they did AFTER the shooting that put their butts in jail.
Verdict Reversal for Ex-Border Patrol Agent[South Texas]
http://www.freerepublic.com/focus/f-news/1775676/posts
I wonder if the drug dealer got his 80 acres and a mule yet.
Please add me to your ping list. thank you
Most of the semi-auto hand guns that I've shot won't even drop the hammer if there isn't a clip in the gun, I know my .40 Browning HP Practical wouldn't, it was part of the safety mechanism. So leaving a round in the pipe would do you no good as soon as you dropped the clip out of it. So you might as well have fired that last round at your THREAT, because it ain't gonna help you out once the clip comes out of the gun. If somebody on here is well versed on Glocks, as that was probably what he was shooting, is it possible to shoot the gun if a clip is not in the gun?????
If an enemy hears your slide lock back, that's his cue to pop out from cover and shoot at your frustrated hide. The Agent made the correct choice by doing that.
I agree. I am greatly dissapointed in Duncan Hunter. He has just demonstrated to me that he is an unprincipled whore. Cops should NEVER be pardoned for lying and destroying evidence. They have the public trust, so if anything, they should suffer twice the penalty.
those two belong in jail, and duncan hunter just lost my support...
"those two belong in jail, and duncan hunter just lost my support..."
Were you even for him, before you were against him?
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