Posted on 02/10/2011 5:31:32 AM PST by La Lydia
An Arizona rancher who was ordered to pay nearly $90,000 in punitive damages to undocumented immigrants he confronted, with a gun, is going to request a rehearing, his attorney said. “We’ll be filing a motion for a rehearing,” said David T. Hardy, who is representing Roger Barnett. “He feels he got screwed. I have some sympathy for that view.”
The U.S. Ninth Circuit Court of Appeals last week upheld a lower court verdict ordering Barnett to pay the damages for the 2004 incident, in which the plaintiffs claimed that he approached them with his dog and said he’d shoot them if they tried to leave. The court said that an Arizona law permitted a person to threaten to use – or actually use – physical force against someone else when that person believes it is necessary for protection “against the other’s use or attempted use of unlawful physical force.”
But the court said that Barnett held them at gunpoint even after becoming aware that no one in the group of 16 men and women was armed, and so he could not use the argument of self-defense....
Hardy took exception at MALDEF’s description of Barnett as a trigger-happy vigilante.
He said Barnett has been “swamped” by the impact of undocumented immigrants and drug smugglers coming onto his property. Hardy said "the FBI twice told him his life was in danger."
“Whole areas of his land have been covered in trash” left behind by people crossing on it illegally, Hardy said. “Some are parties of illegal entrants, sometimes there are groups of 40 or 50. He has drug smugglers come through too. They take vehicles and plow through his fence.”...
(Excerpt) Read more at latino.foxnews.com ...
Please note that Pres BO and his AG Holder have sided against American citizens by sueing the state of AZ in order to defend criminal aliens. This is BO’s way of undermining the value of US citizenship and tearing down our borders. When will people realize this sick little man we call a leader is a hate-filled anti-american.
David Hinojosa, southwest regional counsel for the Mexican American Legal Defense & Educational Fund (aka: MALDEF), which represented the plaintiffs in the suit against Barnett,After the Ninth Circuit Court’s ruling, MALDEF released a statement that said: “Today's ruling sends the strong message that vigilantes will not be tolerated in Arizona.”
So Barnett is a "vigilante"? Oh really. I guess Señor Hinojosa never heard of Property Rights. Like 'Private Property, No Trespassing, KEEP OUT'.
And I have news for Señor Hinojosa, there's a Warning sign I saw that I've been meaning to get which would apply to these illegals, or any 'trespassers'. It goes something like:
Warning! If I Find You Here TonightWe have allowed to have these enemies within like this MALDEF and the SPLC working to destroy the USA and the centuries old concept of Property Rights. Per these traitors all land that adjoins OUR southern border is 'free range'. Open for anybody to do anything they want. And I assume that if the illegals find a spot on someone's ranch and liked it, they could build a cabin and SQUAT there and let the Gringo pay the taxes and clean up costs. And even provide indoor plumbing Free of Charge! (not that any of these people would know what to do with it)
You'll Be Found Here In The Morning
I guess defending your own property is now being a vigilante.
It's not private property. Barnett owns 360 acres there and has a grazing lease on 22,000 acres of federal and state land. These events were on the the leased land.
This is not the first suit that Barnett has lost and had to pay damages. The first one was by a Mexican American family who was hunting on the leased land who were held at gunpoint. In that trial there were witnesses testifying that they also had been held at gunpoint by Barnett.
It was only after Barnett lost the first suit that this suit was filed.
Ping!
But as to the 'leased property'. If he's paying the G for the leased land, then only the owner, 'Lessor' (Gubmint) has the Right To Enter without the consent of the Leese.
It's just as if you're leasing an Apartment. You still have Private Property Rights, or a Right to Privacy under the lease. And one Right would be No Unauthorized Entry (Trespassing).
This guy may be a Flake, or maybe not. But if he's paying to use this land he's responsible for it. Like cleanup after these 'immigrants' who trash it.
Sainted Judge Roll presided over the original trial.
He’s dead.....the Tucson January 8 incident...and now he’s a saint.
He’s dead.....the Tucson January 8 incident...and now he’s a saint.
From what his Attorney has said, the Coyotes had run once they were caught, leaving him with nearly 24 Illegals -16 is all they could locate to join the lawsuit.
But put yourself in the ranchers shoes. He did not know if they had run or fallen back to get armed reinforcements.
So the illegals are saying this rancher to them is more dangerous than Mexico, More dangerous than the drug cartels, more dangerous than the human smugglers ? If i had to be held by someone, I would select the rancher considering this is atypical of how human smugglers treat their cargo. Federal agents arrested four men after they allegedly held an illegal immigrant captive in a Rubidoux house and threatened to cut off his feet if his sister didn’t pay a $3,500 smuggling fee.
Immigration and Customs Enforcement agents discovered the man, Ricardo Salazar, in a bedroom in a house on the 2900 block of Taos Drive. The bedroom windows were boarded over and the door had a deadbolt lock.
Salazar told agents his captors had beat him with a wire hanger, kicked him and vowed to break his legs, cut off his hands or kill him if they didn’t get the money.
http://www.pe.com/localnews/stories/PE_News_Local_D_drophouse05.281ca04.html
I sure as heck would have been nerves. I’m sick to death of these stupid judges. I hope he gets lots of support and I don’t blame him for fighting it. What a slap in the face of a law abiding citizen. This reminds me of a burglar who robs someone, gets hurt in the process and sues the home owner and WINS. Sick!!!
What we have in this country today, then, is both anarchy (the failure of the state to enforce the laws) and, at the same time, tyranny—the enforcement of laws by the state for oppressive purposes; the criminalization of the law-abiding and innocent through exorbitant taxation, bureaucratic regulation, the invasion of privacy, and the engineering of social institutions, such as the family and local schools; the imposition of thought control through "sensitivity training" and multiculturalist curricula, "hate crime" laws, gun-control laws that punish or disarm otherwise law-abiding citizens but have no impact on violent criminals who get guns illegally, and a vast labyrinth of other measures. In a word, anarcho-tyranny.....
The laws that are enforced are either those that extend or entrench the power of the state and its allies and internal elites ... or else they are the laws that directly punish those recalcitrant and "pathological" elements in society who insist on behaving according to traditional norms—people who do not like to pay taxes, wear seat belts, or deliver their children to the mind-bending therapists who run the public schools; or the people who own and keep firearms, display or even wear the Confederate flag, put up Christmas trees, spank their children, and quote the Constitution or the Bible—not to mention dissident political figures who actually run for office and try to do something about mass immigration by Third World populations.
If there were ANY rocks in the area the illegals were armed. Many Border Patrol, and people who worked on the border fence can attest that illegals indeed use rocks as weapons. I would also make the case that being so outnumbered is a life threatening situation even if those being held are not armed in the traditional sense of the word.
Very good point. Unless he did a complete search of each and every one he had no way of knowing they were unarmed.
You made great points. I also believe Sheriff Arpio has been able to charge illegals with the act of smuggling themselves into the country. If the way Arpio has been handling it has been to court and stood up in court then each and every illegal that Barnett held is guilty of smuggling an illegal into the country. Arpio started charging them this way because when groups are caught they won’t tell who the smuggler is.
“A group of 16 can certainly overpower a man and a dog. No need for the “they were not armed defense”.”
END OF DEBATE!
“Preponderance of force”, to use legalese, justifies lethal force or the threat of lethal force.
The Marsupial Magistrate was just acting out his ‘Inner Commie’.
Janet Napolitano claims border is safe, as families flee cartel violence
Examiner | February 2, 2011 | Will Weissert
FR Posted on Sunday, February 06, 2011
DHS Secy Janet Napolitano told a crowd at the University of Texas at El Paso that it is “inaccurate to state, as too many have, that the border is overrun with violence and out of control.” She continued: “This statement, often made only to score political points, is just plain wrong.”
Perhaps Napolitano has not spoken to, nor ever heard of the Burns family in Brooks County, Texas, who have been forced to pack up and leave their 38,000 acre ranch because the area has become a war zone, thanks to the Mexican drug cartels and illegal aliens crossing on or near their property on a daily basis. The Burns’ family home has been broken into, their land littered with garbage and the distinct sounds of gunfire can be heard from their front porch.The ranch, which is located 60 miles from the Mexican border runs alongside Farm Road 755, which local law enforcement calls a “main smuggling corridor” for the cartels. Or, perhaps she should have spoken to Texas Gov. Rick Perry before she said: "Let's stick with the facts and numbers when talking about where we are with the border.” (Excerpt) Read more at examiner.com ...
POINTS TO PONDER Mexico's using the Mideast Playbook very effectively----extorting billions using the well-worn Mideast Scam. Federales are getting rich on US dollars, hitting all the tried-and-true Mideast buttons:
(1) plotting to become a ward of the US;
(2) faking victimization;
(3) secretly revving up internal conflicts;
(4) play-acting the ignoramus;
(5) claiming they can't "control" their enemies without US money;
(6) organizing voting blocs----exchanging votes for US cash.
Clearly, the Mexican govt is fomenting the drug violence in order to: (1) get billions of dollars in US assistance, and, (2) to help their populations flee over the border claiming they are victims of violence and need "asylum".......asylum claims gets illegals thousands of dollars in SS funds. The unfortunate Burns family better watch out that the reconquistas don't takeover their land using ancient history as an excuse.
Just like last night on the news. I can’t remember who the official was. Someone from the state dept I think. Anyway, he said the Egyptian protesters had been peaceful....what a BIG FAT LIE. Over 100 people have been killed, and I think it was over 300 hurt. Including the news guy from Foxnews and his camera man. Both beaten bloody. Peaceful my b*tt.
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