Posted on 02/07/2007 8:18:59 PM PST by NormsRevenge
EL PASO, Texas - A federal report released Wednesday on the shooting of a suspected drug smuggler by Border Patrol agents concurs with prosecutors that the men failed to report the shooting, destroyed evidence and lied to investigators.
Some members of Congress have criticized the case against Ignacio Ramos and Jose Alonso Compean, who were fired after their obstruction of justice convictions and have each been sentenced to more than a decade in federal prison.
Congressional critics, who say the men were doing their jobs when they injured Osvaldo Aldrete-Davila in 2005 near El Paso, had sought the release of the U.S. Department of Homeland Security report.
The report "has just emboldened our position because there is nothing in there that indicates these agents were not justified in shooting this individual," said Tara Setmayer, a spokeswoman for Rep. Dana Rohrabacher (news, bio, voting record), R-Calif. "This finally sheds some light on what these agents were thinking."
She pointed to a written statement by Compean in which she said reflects that he "clearly believed the drug smuggler had a weapon and feared for his life."
Senate Judiciary Committee Chairman Patrick Leahy (news, bio, voting record), D-Vt., agreed Wednesday to allow Sen. Dianne Feinstein (news, bio, voting record), D-Calif., to hold a hearing on the case, as she requested.
"I strongly believe that the sentences in this case are too extreme, given the criminal nature of the defendant and his possession of large quantities of drugs," Feinstein said in a statement. "These men were given sentences that some individuals who are convicted of murder wouldn't receive."
The heavily redacted, 77-page report, drafted last year, offers few new details. It primarily outlines what Aldrete said happened on Feb. 17, 2005, as he tried to run from Border Patrol agents after trying to elude them in a van loaded with marijuana.
According to the report, Aldrete, who was given immunity and has filed a multimillion-dollar claim against the federal government, told investigators he was unarmed and was shot as he ran from Compean and other agents. He said he tried to surrender and ran again after Compean slipped while trying to hit him with the butt of a shotgun.
The report also notes that other agents on the scene that day could not confirm whether Aldrete was armed and initially lied about whether they were aware of the shooting. They later cooperated with authorities. Those agents, whose names were removed from the report, were not prosecuted.
In a statement issued Wednesday afternoon, Rep. John Culberson (news, bio, voting record), a Texas Democrat, said Ramos and Compean "may not have followed proper procedure following the shooting, which at most should have resulted in their suspension from the force, but not criminal procedure."
A spokeswoman for U.S. Attorney Johnny Sutton, whose office prosecuted the case and who has been widely criticized for pursing the agents and not the drug dealer shot, declined to comment.
Lawyers for Ramos and Compean did not immediately return phone calls seeking comment.
The former agents were sentenced in October and reported to prison in January. Federal prison officials confirmed Tuesday that Ramos was attacked in a Mississippi prison after the airing of an episode of "America's Most Wanted" that highlighted his case.
Rohrabacher and other supporters of the agents have criticized President Bush for not pardoning them.
___
Associated Press writer Suzanne Gamboa reported from Washington, D.C.
IMHO, this means that a face-saving compromise is under way. Convicted agents will benefit from palliative measures, but don't look for a pardon. Smelly bits about to go under rug.
Bush can start the healing process by releasing these guys.
sw
Uh, we conservatives don't usually judge the punishment of criminals based on the morality of their victims. That's a purely liberal fantasy, that some crimes are better than others if they are committed against the "right" kind of people.
I suppose if they knew the defendant was a criminal with a large amount of drugs WHEN THEY SHOT HIM, the argument could be made that their act was justified by their knowledge of the dangers posed by drug dealers.
But if I decided to rob someone, and it turned out the person I robbed was a drug dealer, that shouldn't change the punishment for my crime. And if I decide to shoot someone for no reason, my punishment shouldn't be less if it turns out the guy cheated on his taxes or beat his wife.
Next thing we'll have "conservatives" arguing that of course, people who beat up gays should get a lot harsher sentence than people who beat up evil conservative republicans.
If they should get lesser sentences, it's because the punishment does not fit the crime. If they should be pardoned, it's because the evidence doesn't support guilt beyond a reasonable doubt.
Their guilt or punishment should not be based on how we "feel" about illegals or drug dealers.
Yes, when the government lies--it's a mistake. When the agents "lied" had their words twisted as this report makes clear--they are guilty of a criminal offense.
Yes, when the government lies--it's a mistake. When the agents "lied" had their words twisted as this report makes clear--they are guilty of a criminal offense.
P.U...this whitewash is really stinking up the joint. And what federal agency initiated this report? AP doesn't even say!
SPIN SPIN SPIN,same old crap from our "free press"
"This is gonna sound crazy, but if the Dems do what the Pubbies won't, then more power to them!"
Can't disagree with that.
I have to stick with my prediction; this is the issue that will get enough Republicans on board to impeach Bush. Why is he allowing himself to go down?
The same one that just admitted to lying to Congress, lol (DHS-Office of the Inspector General). Oh, did you see the part about the woman who did the lying? She also authored this report. Ain't life grand?
So I only posted an excerpt from the page from which I obtained the info.
But I did mean to post the link to where I got the information
Right ... was only equating him to the fact that he was never brought to any trial but was pardoned first ....
ping
"Convicted people don't get pardoned before there's even an appeal of the conviction."
G-E-R-A-L-D F-O-R-D and R-I-C-H-A-R-D N-I-X-O-N
I guess that was different though. They wore the Imperial Purple and what applies to them doesn't apply to lesser folks.
You don't get twelve years in prison for "lying". The shooting was justified. But Alberto Gonzales gets his paychecks from Mexico City, so these agents had to fry.
The fix is in...................
"I have to stick with my prediction; this is the issue that will get enough Republicans on board to impeach Bush. Why is he allowing himself to go down?"
all things considered...I'd say it's a perfect indication of the strenth of the OBL.
Skinner is a piece of garbage who holds the lives of two American citizens very cheap.
There is a conspiracy folks. Too bad these two weren't white, then the "we wanted to shoot Mexicans" lie would have never been questioned.
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