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To: mjaneangels@aolcom
Compean testified that he fired multiple shots at Aldrete-Davila. Ramos testified that he fired one shot at Aldrete-Davila. Juarez testified that he saw Compean firing shots.

You might think that it (along with the full range of other corroborating evidence, including subsequent questionable behavior by Compean and Ramos, that allows the jury to infer otherwise) doesn't prove that Compean or Ramos hit Aldrete-Davila, but the jury disagrees with you. And now the 5th Circuit:

Aldrete-Davila’s own testimony, the behavior of the defendants after the shooting, and the inconsistent testimony offered by both defendants and other Border Patrol agents allowed the jury to conclude that the defendants faced no credible threat and, consequently, there was no justification for their firing upon Aldrete-Davila. Although disputed, the evidence, taken in the light most favorable to the jury verdict, supports the scenario that Aldrete-Davila fled toward the Mexican border after Compean took a swing at him with his shotgun and that, while he was in flight, the defendants without provocation fired their weapons at him several times.

70 posted on 08/04/2008 9:44:18 PM PDT by 1rudeboy
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To: 1rudeboy; mjaneangels@aolcom
taken in the light most favorable to the jury verdict,

All that means is that the jury did not flip a coin. First of all the rationale that somehow using the shotgun to block or impede the charge of Davila was somehow overkill. Davila refused commands to stop with guns pointed at him. In the testimony the prosecution even suggested that he should have had his "billy club" out for use. What difference is a beaning from a club or the butt of a shotgun? The prosecution was implicitly supporting the level of control they were at the same time impugning.

Juarez lied. Juarez changed his story at least three times. Juarez was about to be fired for the lies he had given but he resigned prior to that firing. Had Juarez seen Compean firing from the top of the levee as he testified, Vasquez should have also seen Compean firing. He was immediately behind Juarez. On top of that Compean was supposed to have done a magazine exchange from the top of the levee. A magazine exchange takes time. After you have stopped firing and while you are releasing the "spent" magazine, you must reach to your belt, release the cover of the magazine holster, extract the magazine, insert the magazine into the pistol, and then resume firing. Davila testified that there was no pause in the shooting except for the last shot which was Ramos as he arrived. Davila's testimony is consistent on this point with the testimonies of Ramos and Compean. Compean was on one knee, fumbling with the magazine which he never got into his pistol in order to fire again. That makes entire sense. Compean is fat. A holster on his belt while he is on one knee would be nearly impossible to easily manipulate. Point being, not all the testimony was evidently analyzed.

71 posted on 08/04/2008 10:09:54 PM PDT by AndrewC
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To: 1rudeboy

Being shot at, does not equal being hit by. You still have not proven, either that Davilla was unarmed, nor that he was hit by Compean or Ramos, only that Compean and Ramos did shoot.


96 posted on 08/05/2008 10:28:28 PM PDT by mjaneangels@aolcom
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