Uhhh, no it’s not. First R&C didn’t know anything about OAD at the time of the shoot...they didn’t even know if he was an illegal. Second, Leo’s still cannot just shoot someone because they THINK they might be a drug mule or even a cartel member. I can’t believe I have to explain this over and over and it never gets through.
“The prosecutor says OAD is a mule while the defense says OAD is part of the cartel and therefore would carry a gun.
Looks like He said-She said to me.”
This is so laughable it would be funny if it wasn’t so sad. The prosecution and defense can say whatever they want but they have to provide some evidence for the jury to buy it or it’s just a lot of hot air from a talking head. I don’t remember the R&C defense EVER presenting anything at trial to prove OAD was part of a drug cartel. IF they had it, don’t you think they would have entered it into evidence?
Second, you can’t just say “we’re pretty sure he was a cartel member and therefore pretty sure he had a gun”. This is not evidence, it’s hot air that doesn’t mean a thing at trial.
“You take the word of one side over the other.”
Evidently, so did the jury. Btw - I’ll say it for the 100th time, I don’t care what OAD said, he is a pathetic POS. I came to conclusion there was no gun based solely on the testimony of R&C.
“The border agents called for backup. Their superior was one of the officers who responded to the call. That appears to me to be a report to a superior. (I’ll get you the source where I heard this on the radio.)”
Uhh, no it isn’t. First, the radio call was for the pursuit, there never was a radio call about shots fired.
“Here is one article I found where OAD’s family said he was smuggling since he was 14. Appears that OAD wasn’t a mule.’
Well no, we have a newspaper saying they talked to “two family members” but they don’t identify them nor do they give an additional information about when and where this happened. So for me you can just stick in the garbage can.
Why didn’t the defense call these two “family members” to the witness stand during the trial?
As far as the scene where some of OAD’s friends want to retaliate against the BP(which was presented at trial) I’m not sure how this supports your case or makes OAD look bad...he states and testified that he would have nothing to do with it and talked them out of it.
Now I’m not sure if this is true, but it’s right there in black and white and how you could have misinterpreted it is beyond me.
“On the other hand, even the prosecution admits, “in the entire time of the defendants’ employment as Border Patrol agents, every reported shooting had been ruled justified and no agent was disciplined as a result of a shooting.’
I think the functional word in that sentence is “reported”.
“Aside from conflicting stories of Border Patrol agents caught up in the heat of a shootout, the case comes down to the word of two exemplary officers with spotless records versus that of a drug smuggling border crasher who may or may not have opted to have his gangland friends execute innocent Border Patrol agents as long as it would not entail “getting into more trouble.” Ramos is a Navy veteran and has been nominated for Border Patrol Agent of the Year.”
This has been noted but still doesn’t mean the shoot was good. And I’ll say it for the 947th time, it makes no difference because R&C still cannot shoot an unarmed suspect, period, unless their safety was in danger, and the jury ruled against them on this point.
R&C have claimed they felt their were in danger? You choose not to believe them. I choose to believe them. They are the accussed and they don’t have to prove anything. Oh wait, I’m suppose to believe the testimony of OAD who the prosecutor now admits LIED on the stand.
As for the defense of R&C, I don’t know all the evidence they tried to put into court to defend themselves but were not allowed due to legal filings by Sutton such as the amount of drugs that were found in the van. This might have convinced some of the jury that OAD was not a simple mule but part of a drug gang and would have carried a gun.
Oh wait Sutton didn’t want that at the trial or the fact that OAD had been caught a second time running drugs. Do you think these facts might have swayed the jury as to OAD credibility and likelyhood he had a gun.
You said the prosecution and defense have to prove what they say. You mean like the comments the PROSECUTION made like “R&C said they wanted to shoot Mexicans” and other incedianry comments they alleged R&C made but never proved.