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Border Agents Who Shot Smuggler Denied Appeal (Ramos & Compean)
newsmax.com ^ | September 11, 2008 | staff

Posted on 09/12/2008 6:00:19 AM PDT by kellynla

EL PASO, Texas — Two former Border Patrol agents convicted of shooting a drug smuggler and trying to cover it up have been denied a request for a new hearing.

The 5th U.S. Circuit Court of Appeals in New Orleans denied the request by Ignacio Ramos and Jose Alonso Compean on Wednesday. The same court upheld the men's convictions in July.

No reason was given for the Wednesday's denial.

Ramos and Compean are each serving sentences of more than 10 years for shooting Osvaldo Aldrete Davila in the buttocks while he was fleeing from an abandoned marijuana load in 2005.

Aldrete was sentenced to 9 1/2 years in prison for his role in two seperate smuggling efforts later that same year.

(Excerpt) Read more at newsmax.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government
KEYWORDS: abadshoot; aliens; appeal; badshoot; borderpatrol; compean; dirtycops; immigrantlist; injustice; jackbootcrime; jackbooterslobby; johnnysutton; justice; openborderslobby; ramos; ramoscompean; travesty
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To: 1rudeboy
OMG! AndrewC has posted a portion of the transcript! Game over! LOL

You must really love being the class clown. Your mental grasp seems to befit the fool. Nevertheless, testimony surely trumps your inane rantings.

441 posted on 09/15/2008 9:03:34 PM PDT by AndrewC
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To: AndrewC
Here's what you don't get (and it's not surprising, because you probably get away with it elsewhere). I'm obsessive about citations . . . and when someone accuses me of malfeasance in that regard (when I have posted counter-arguments, properly cited, on this very thread) I no longer have any tolerance for that person. I have no tolerance for you. Your comments to me are meaningless, because you took whatever authority you had (and that I was willing to give you) and pissed it away.

So go ahead, selectively quote me to your heart's content--I see you for what you are. An amateur.

442 posted on 09/15/2008 9:11:17 PM PDT by 1rudeboy
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To: Desron13
From about twenty or thirty yards away is my understanding.

No, Juarez was within 30 feet of Compean. Juarez testified that he slipped into the ditch just after leaving his vehicle. He then saw Davila about 8 feet away on his side of the ditch and within the ditch. Davila then scrambled across the water and up the side that Compean was on. That side (at the top) is around 30 feet from the north side of the ditch.

The altercation that Juarez testified he saw was the slip that Compean had as he tried to stop Davila with the shotgun. Juarez testified that Compean fell into the ditch and lost the shotgun in the fall.

I've been to the ditch. Had Compean fallen into the ditch in that fashion, Davila would have been halfway across the vega before Compean even left the ditch. Davila would probably have been in the river by the time Compean reached the top of the levee. Look at a google map of the area.

As the story most likely happened, Compean slipped and Davila scrambled sideways along the ditch slope. Compean recovered in the time that Davila scrambled sideways away from Compean. Compean then pursued Davila over the levee catching him on the south side of the levee. Then the wrestling match ensued. Yrigoyen(another agent) testified that Compean told him about the wrestling on the day of the shooting when Compean returned from the vega.

443 posted on 09/15/2008 9:17:18 PM PDT by AndrewC
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To: 1rudeboy
"Right, but in this case (by everyone’s admission), Aldrete-Davila is fleeing for the border and not wrestling with Compean."

So this means that he couldn't have turned and pointed a weapon at them to ensure his escape? Especially if he thought they were still after him? The bullet wound that the American physicians repaired indicated that he was shot in the side of the buttock, not in the back. An aspect that would be consistent with him turning and confronting a pursuer.

444 posted on 09/15/2008 9:17:48 PM PDT by Desron13 (If you constantly vote between the lesser of two evils then evil is your ultimate destination.)
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To: AndrewC

By the way, I chose the numbers in my comment #433 at random. Sucker.


445 posted on 09/15/2008 9:18:38 PM PDT by 1rudeboy
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To: 1rudeboy
I'm obsessive about citations .

Pull the other one. You are worse than Monty Python's Black Knight. "It's only a flesh wound."

You are hilarious.

446 posted on 09/15/2008 9:23:31 PM PDT by AndrewC
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To: Desron13
It's possible that Aldrete-Davila had a concealed weapon, that he drew and turned to shoot as he was running for border. Unfortunately for Ramos and Compean, the jury did not believe it.

I'll let some "expert" argue otherwise with the appropriate portions of the transcript.

447 posted on 09/15/2008 9:24:38 PM PDT by 1rudeboy
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To: 1rudeboy
By the way, I chose the numbers in my comment #433 at random. Sucker.

I know that. That is why I ended with the silliness comment. But I like to cover all bases and that includes providing something for the casual reader who has not been privy to your lunacy.

448 posted on 09/15/2008 9:26:10 PM PDT by AndrewC
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To: AndrewC
It is interesting, however, that you are having such a difficult time establishing my "lunacy." Seriously, what have you accomplished on this thread and in that regard?

Should be easy for you to summarize, if I'm a lunatic.

449 posted on 09/15/2008 9:29:43 PM PDT by 1rudeboy
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To: Desron13
“Hmmm... so let's believe the drug smuggler. you know, the one who's friends later divulged that he never went anywhere without a gun... “

He was arrested again for smuggling, but not for carrying a weapon. There was smuggling again but no gun. So could it be that it isn't completely true that he never went anywhere without a gun?

450 posted on 09/15/2008 9:33:06 PM PDT by TKDietz
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To: TKDietz

There _he_ was smuggling again but no gun.


451 posted on 09/15/2008 9:34:16 PM PDT by TKDietz
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To: AndrewC
" The altercation that Juarez testified he saw was the slip that Compean had as he tried to stop Davila with the shotgun. Juarez testified that Compean fell into the ditch and lost the shotgun in the fall."

I have read similar accounts with slightly different time lines and distances given by both officers. At this point, I will go back to the trial transcript and look up the specifics. In any case, Compean was "accused" of attempting to assault said scum bag with a shotgun. Your account is completely consistent with Compean's overall testimony that he attempted to take Davila into custody and a scuffle ensued. Weather or not he attempted to use his shotgun as a tool to subdue Davila is irrelevant. Given the distances, if Compean simply wanted to kill Davila with that shotgun, he certainly could have done so.

452 posted on 09/15/2008 9:36:25 PM PDT by Desron13 (If you constantly vote between the lesser of two evils then evil is your ultimate destination.)
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To: TKDietz

That’s a good point. I know nothing of the second arrest, but that information has to be out there because Aldrete-Davila got 9 years and change.


453 posted on 09/15/2008 9:36:38 PM PDT by 1rudeboy
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To: Desron13
so let's believe the drug smuggler. you know, the one who's friends later divulged that he never went anywhere without a gun...

I see, we can't believe a drug smuggler, but his friends are believable? Did they put all of his friends on the stand?

454 posted on 09/15/2008 9:37:23 PM PDT by Toddsterpatriot (Let me apologize to begin with, let me apologize for what I'm about to say....)
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To: 1rudeboy
Should be easy for you to summarize, if I'm a lunatic.

Your post 433 is sufficient for the task of demonstrating "lunacy". But that is not calling you a lunatic any more than saying someone looks presidential makes them a president.

455 posted on 09/15/2008 9:39:10 PM PDT by AndrewC
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To: Desron13
Wait a minute. You "will go back to the trial transcript?"

Weren't you asking me about corroborating evidence earlier? If you've read the transcript, you already know what it is.

456 posted on 09/15/2008 9:39:34 PM PDT by 1rudeboy
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To: AndrewC

Yeah, I figured you have nothing.


457 posted on 09/15/2008 9:40:40 PM PDT by 1rudeboy
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To: Desron13
Weather or not he attempted to use his shotgun as a tool to subdue Davila is irrelevant. Given the distances, if Compean simply wanted to kill Davila with that shotgun, he certainly could have done so.

Bingo! Especially since the prosecution went out of the way to suggest that Compean should have used his baton. Well, that establishes the fact that physical force was justified. And since Compean did not have superman's Xray vision, he had to chose the best weapon to encounter the contents of the van which was speeding towards him. Again, the prosecution went out of the way to establish that the agents had no idea what was in the van. The one thing that they were sure of was that it was failing to stop when it received indications to do so.

458 posted on 09/15/2008 9:44:33 PM PDT by AndrewC
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To: 1rudeboy
Yeah, I figured you have nothing.

Well, post 433 was your post, and I did say it demonstrated your lunacy. It does that.

459 posted on 09/15/2008 9:45:54 PM PDT by AndrewC
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To: Toddsterpatriot
"I see, we can't believe a drug smuggler, but his friends are believable? Did they put all of his friends on the stand?"

Actual journalists later took the trouble of doing their jobs and bothered to look up some of this dirt bag's acquaintances. Go figure...

460 posted on 09/15/2008 9:46:08 PM PDT by Desron13 (If you constantly vote between the lesser of two evils then evil is your ultimate destination.)
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