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To: FOXFANVOX; Spiff; Ultra Sonic 007; All

Don’t forget about Agent Sipe who was cleared on retrial.

A former U.S. Border Patrol agent who was convicted in 2001 of violating an illegal immigrant’s civil rights during a fight has been cleared of the crime in a second trial.

David Sipe, 35, of Bethany, Okla., said he wants his old job back and wages lost during his hiatus from the Border Patrol.

“After having this over my head the last seven years, I am almost at a loss as to how I am supposed to behave now,” Sipe said after Friday’s verdict. “I haven’t had a job that pays more than $9 an hour because when you are a pending felon nobody hires you.

“There is a lot of time that I lost that I don’t get to have back.”

In 2001, a federal jury found Sipe guilty of hitting Jose Guevara of Mexico in the head with a flashlight during an arrest near Penitas, which is just west of McAllen in South Texas.

Sipe argued that he was defending himself. Guevara required five staples in his head and later won an $80,000 lawsuit settlement from the government.

Sipe requested a new trial on the grounds that prosecutors suppressed evidence that would have helped his defense. U.S. District Judge Ricardo Hinojosa granted Sipe’s request, and a federal appeals court upheld the Hinojosa’s ruling.

http://www.foxnews.com/story/0,2933,249085,00.html?sPage=fnc.specialsections/immigration


96 posted on 05/09/2007 7:58:16 AM PDT by AuntB (" It takes more than walking across the border to be an American." Duncan Hunter)
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To: AuntB

And also don’t forget.

From Wikipedia:

Guillermo F. Hernandez, better known as Gilmer Hernandez, is a former Sheriff’s Deputy of Edwards County, Texas from Rocksprings, Texas who was convicted of violation of civil rights of an illegal alien.

Border incident and prosecution:
On April 14, 2005, Deputy Hernandez stopped a vehicle for running a red light. After coming to a stop, the driver who had hidden several illegal aliens in his vehicle tried to run the approaching Hernandez over and to flee when Hernandez fired several shots at the vehicle aiming for the tires. One of the bullets injured one of the hidden passengers.[1]

The initial investigation by the Texas Rangers and members of the AFT cleared Hernandez of any wrongdoing.[2] However, over a year later, the US Department of Justice reopened the case under US Attorney Johnny Sutton. On December 1, 2006 Hernandez was convicted for violation of civil rights of the injured illegal person.[2] Hernandez was sentenced to a prison term of 12 months and one day.[3]

Reaction:
The verdict has stunned the community[1] and triggered widespread responses.

Texas Congressman Ted Poe defended the officer by stating that the “Federal Government is more concerned about people illegally invading America than it is about the men who protect America. Once again, our government is on the wrong side of the border war.” [4]

A petition has been initiated to pardon Hernandez.[5]

The case has been linked to those of convicted border guards Ignacio Ramos and Jose Complean by dubbing them “The Texas Three”,[1] all involved in Mexican border incidents with smuggling, illegal aliens, use of firearms, and prosecuted by Johnny Sutton . According to AMW, action on part of the Mexican government demanding that the “crime” will not be unpunished may have pressured the prosecution.[1]


98 posted on 05/09/2007 8:20:11 AM PDT by FOXFANVOX (God Bless Tony Snow!)
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