Posted on 12/04/2007 7:29:49 AM PST by SwinneySwitch
A national review board created to protect the rights of federal employees has ordered the U.S. Border Patrol to reinstate an agent cleared of felony charges earlier this year.
Former agent David Sipe was acquitted in January of using excessive force while arresting a group of illegal immigrants outside Peñitas in April 2000.
Since then, Sipe has tried to return to work, but the Border Patrol has refused to re-hire him, his attorney, Jack Wolfe, said.
“He’s basically had seven years of his life taken away from him with his trial,” he said. “And he still wants to go back to work.”
On Friday, the U.S. Merit Systems Protection Board in Washington, D.C., denied a government appeal challenging previous orders to reinstate him.
The board decided that the government had not presented “new or previously unavailable” evidence that Sipe should not be re-hired, according to court documents.
Now, the Border Patrol has 20 days to file a final appeal with a federal appeals court or re-hire Sipe with back pay to 2001, when he was originally fired.
Agency officials in Washington, D.C., could not be reached for comment Monday. Wolfe has not yet heard whether federal attorneys plan to appeal the decision.
In 2000, Sipe was indicted for using excessive force, after one of the immigrants he detained claimed the agent hit him over the head with a flashlight. Sipe never denied hitting the man, but maintained he did so in self-defense.
He was convicted in 2001 but granted a new trial after U.S. District Court Judge Ricardo Hinojosa found evidence of prosecutorial misconduct, including not handing over all evidence to the defense team.
Since his acquittal at that trial, Sipe has moved to Oklahoma but is still eager to return to the job, Wolfe said.
“You would think that after the way he was treated he wouldn’t want to go back there,” he said. “But he likes his job and thinks it is important.” ____
Jeremy Roebuck covers courts, law enforcement and general assignments for The Monitor. You can reach him at (956) 683-4437.
Big mistake IMO.
Bump!
Sounds like some kind of RICO behavior.
Going back. I would be concerned about going back to a place that was forced to accept me. Now him “owning” the BP is another matter.
don’t interfere with the influx of messycans or the gubmint will get ya!
Give the man his job back and his back pay, hell he should replace jerkoff.
He will collect as much as $500K from them. After taxes that’s likely going to be at least $350K. Nice piece of change to pocket and then walk away from.
BP ping!
If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.
bttt
He’ll be getting 7 years worth back pay. I would go back to the BP if I were him.
Sounds like the Ramos-Compean case, only this guy won his appeal quickly
It is anti-American to value the rights of illegal aliens over the rights of our American citizens. It is sick to prosecute our BP when they are doing their duty
ping
Sounds like another Johnny (Nifong) Sutton trial.
His legal fees will probably eat up most if not all of that big paycheck.
He might be able to collect for those as well...
I hope he does.
Exactly...And 30 seconds after the cash is in his hand, tell 'em to take this job and shove it...
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