Mexican Shot by Border Agents Indicted on Drug Charges

CNSNEWS.com ^ | November 16, 2007 | Fred Lucas

[yoe]

The allegasd Mexican drug smuggler shot by Border Patrol agents as he tried to dodge arrest in 2005 will appear in federal court in El Paso, Texas, on Friday afternoon.

Osvaldo Aldrete Davila, 27, was arrested Thursday on a drug smuggling offense at a U.S. port of entry. A federal grand jury handed down a sealed indictment on Oct. 17.

Aldrete was granted immunity in 2005 in exchange for testifying against ex-border agents Ignacio Ramos and Jose Compean.

The two Border Patrol agents were sentenced to 11 and 12 years, respectively, for shooting Aldrete as he tried to sneak about million dollars' worth of marijuana into the country. He was shot in the buttocks while running toward the Mexican border.

Prosecutors accused the border agents of trying to cover up what happened. U.S. Attorney Johnny Sutton of the Western District of Texas told Cybercast News Service that evidence in the trial made it clear the agents did not know Aldrete-Davila had been smuggling drugs at the time they shot at him 15 times. He was hit once.

"They didn't know if he was an American citizen or not. ... It was outrageous behavior, and prosecutors can't look the other way." (See earlier story)

The case caused an uproar, with a number of U.S. lawmakers and other Americans saying the border agents' punishment was excessive and unfair. Some particularly questioned the decision to prosecute the border agents for firing their guns at the drug smuggler, a violation that carries a mandatory ten-year sentence.

Aldrete now faces two counts of possession with intent to distribute a controlled substance, one count of conspiracy to import a controlled substance and one count of conspiracy to possess a controlled substance with intent to distribute.

The alleged offenses happened between June 1, 2005 and Nov. 30, 2005, which is when the government gave Aldrete a pass to enter and exit the country unsupervised, primarily to get medical treatment for his bullet wound.

Aldrete and his co-defendant, Cipriano Ortiz Hernandez, conspired to import and distribute more than 100 kilograms of marijuana on Sept. 24, 2005, and again on Oct. 22 and 23 that same year, according to the charges. (The second alleged offense happened after Aldrete was granted immunity from prosecution in return for his testimony against the agents.)

Sutton also is prosecuting the Aldrete case. He has been blasted by advocates of the border agents for not bringing charges against Aldrete sooner.

"I have repeatedly said that if we obtained sufficient competent and admissible evidence against Aldrete, we could prosecute him," Sutton said in a statement. "Members of my office have worked closely with agents of the Drug Enforcement Administration for many months to investigate Aldrete's alleged involvement in drug trafficking."

At a Senate hearing this summer on the border agents case, Sutton was non-committal in answering questions about the October drug offense by Aldrete. Some senators pressed Sutton to explain why Aldrete was allowed to enter and leave the country in the run-up to the border agents' trial.

Advocates of the border agents also have complained that the Aldrete's alleged October drug smuggling did not come up at the trial of Ramos and Compean.

"Just as Aldrete's alleged illegal conduct did not excuse the crimes committed by Compean and Ramos, likewise, their crimes will not excuse his," Sutton said on Thursday.

Rep. Dana Rohrabacher (R-Calif.), one of the most ardent congressional defenders of the ex-border agents, said Sutton's "self congratulatory" statement on the arrests was "shameful."

"If Mr. Sutton had arrested and prosecuted Davila the first time instead of choosing to falsely portray this smuggler as a victim, then 100 kilos of narcotics wouldn't have made it onto American streets and Ramos and Compean would be languishing in solitary confinement in federal prison," Rohrabacher said.

[yoe]

Alleged drug smuggler? Dear Lord how dumb do they think we are? Aldrete’s Mother was in on the pimping of Sutton.

"Members of my office have worked closely with agents of the Drug Enforcement Administration for many months to investigate Aldrete's alleged involvement in drug trafficking"

Sutton doesn't pass the smell test.....you have to wonder how much his cut was for letting this illegal alien cum drug smuggler go and convicting our own people for doing their job. Gotta guess anyone?

[donna]

President Bush: Commute the sentences of Ramos, Compean.

[Brilliant]

If he doesn’t commute their sentences, then he should make this guy their cellmate.

[Guenevere]

Let's see how many years this known drug smuggler gets.
Wanna bet it's much less than Ramos & Compean...IF he even gets indicted, tried and sentenced.

[svcw]

I have never been able to wrap my mind around why these officers are in jail.

[STARWISE]

Finally !

[Guenevere]

I received a phone call today from a good friend telling me I HAD to listen to Glenn Beck...

..he had Dana Rohrbacher on and Rohrbacher was steamed to pieces over the injustice of Ramos & Compean AND the Bush administration.

[SE Mom]

Thanks for the ping- saw this on Gibby’s show- the scummy Johnny Sutton sounds so lofty- infuriating.

There’s an appeal hearing on Dec 3rd- the defense lawyer wants to get this info formally brought to the judge’s attention..

[Dov in Houston]

Watch the following scenario unfold

He’s gonna get put in jail. Charged. An American Lawyer is gonna say “This is the guy with the 6 million dollar lawsuit against the USA and the race is on.

“If the glove don’t fit, you must acquit” He will have a real legal TEAM.

And we the taxpayers will pay his legal bills.

/shaking my head as I walk away from this one
Ramos and Compean should never have been charged

[Jane Austen]

Was there ever evidence that the agents shot the drug dealer or was it nothing more than the drug dealer's claim?

Johnny Sutton in full of lies and is known to have fabricated "evidence."

[Iwo Jima]

Here’s my prediction: President Bush pardons or commutes the sentences of Ramos and Compean as part of the traditional Christmas pardons.

The jig is up, and he knows it.

[freespirited]

There’s an appeal hearing on Dec 3rd

So after two years of coddling this drug smuggler, Johnny Satan suddenly comes up with sufficient evidence to prosecute him. A mere two weeks before the appeal hearing.

You don't suppose he is trying to make himself look less bad, do you?

[calcowgirl]

RAMOS/COMPEAN Ping
Please freepmail me if you want on or off this list.

[bobby.223]

my thoughts also, all though there are a few freepers who think sutton was correct and these two agents should be in the slam. I sure as hell don’t understand that position.

[Iwo Jima]

Ramos's stupid lawyer stupidly STIPULATED that Ramos shot the drug dealer, and so there was no evidence presented on that point.

There has never been any ballistics evidence to support that, and I do not believe it to be true. The only ballistics evidence that has been made public AFAIK is inconsistent with that assertion.

I believe that the drug dealer's drug lord shot him because he lost his load of drugs.

[Fitzcarraldo]

Perhaps the charges were correct but the sentences were not.

[RJL]

Wanna bet it's much less than Ramos & Compean...IF he even gets indicted, tried and sentenced.

Thanks to "head up his ass" US Attorney Johnny Sutton, Aldrete sued the US for mistreatment as he smuggled 750 pounds of dope into the US, so Aldrete probably now has at least a $Million of our tax money in his pocket, so he'll be able to buy a good lawyer.

[Jane Austen]

Makes sense that it was the drug lord. And Sutton happily framed the agents.

[Iwo Jima]

Yes, IIRC it was a “confidential” settlement, so we don’t know how much the taxpayers paid for the privilege of being hosed by Aldrete.

[STARWISE]

One arrogant bureaucrat. Surely
hope this finally makes for
J U S T I C E.