Border group members face felony charges

World Net Daily ^ | 3-21-03 | By Jon Dougherty

[Tancredo Fan]

Sure thing, Luis. I think you may be in for a big surprise sometime in the next few months, but we'll see.

[KG Peiper]

Concerning the attack on the 101st airborne, I have a hunch that our politically correct military wasn't allowed to do any racial profiling and as a result , some Al Qeada terroists were allowed to slip in with the local carded Kuwaiti contract vendors. Soon as the ACLU is able to stop all patrols along our border, they will have easy access here as well. This setup of the two Ranch rescue memebers will be repeated soon, probably in Arizona. And, everyone will learn not to mess with illegals, from El Salvador or Saudi Arabia.

[PRND21]

Keep your hopes up!

[PRND21]

Which part of "felony" does Tancredo Fag not understand?

[PRND21]

Uh, make that "Fan". Sorry.

[Luis Gonzalez]

Actually, I have my money on Nation of Islam.

Not Muslims at all, just troublemakers.

[Tancredo Fan]

Which part of "felony" does Tancredo Fag not understand?

You have managed to shock all of San Francisco. Tsk, tsk (LOL)!

[Luis Gonzalez]

"This setup of the two Ranch rescue members..."

Set up?

What information do you have to enlighten us with that the media lacks?

[KG Peiper]

This "Setup" is another hunch I have, of course, these two guys could be the pro gun white racist (read Nazi) violent Anti-Mexican thugs that Isabel Garcia and Raul Grijalva have been praying for, but lets wait and see, they may just out be trying to help overwhelmed border property owners.

[AEMILIUS PAULUS]

I knew this was coming. Next the civil suits will hit the members of this group. It has been decreed that Mexican serf labor and votes are too important.

[raggedwarrior]

A legal defense fund has been set up to raise funds to gain the release of our fellow RR volunteers. You can contribute at www.ranchrescue.com. Please give what you can for attorney's fees and for the release of Mr. Nethercott's impounded vehicle.

It has come out that the sheriff did NOT want to file charges but was pressured to do so by the TX Ranger. We expect our men to be released and all charges dropped.

I will be calling the offices of Rep. Ron Paul (R-TX) and Rep. Tom Tancredo (R-CO) and demanding a full investigation of the TX Rangers and the sheriff. Please call your representatives and do the same. The attempted railroading of innocent men cannot be allowed to just fade into history. These corrupt officials must be made to pay the price for their treacherous acts.

Every day the people living on the southern border are subjected to assaults, robberies, rapes, kidnapping and murder by criminal aliens crossing into the U.S. "Americans" stand by and so nothing. AMERICANS stand up and defend their neighbors even in the face of corrupt LEO's and government thugs.

I am proud to be associated with Casey Nethercott and Hank Conner!!!

David Cheney

[dirtboy]

C. A person is presumed to be acting reasonably for the purposes of this section if he is acting to prevent the commission of any of the offenses listed in subsection A of this section.

I did a lot of research into the Arizona statutes myself and found this particular item. I also discussed this with Marine Inspector, who is a INS agent in Arizona, and we basically agreed that you could not legally perform a citizens arrest on someone upon the observation of their illegally crossing the border, as you could not be sure that it was a felony in commission - and a poster affiliated with one of the border groups in Arizona agreed that they only observe and report crossings, and save citzens arrests when they observe illegals breaking into a building and removing belongings, which raises the bar to a felony in progress. It's your choice whether you decide to confront and search someone who is a possible illegal - but IMO the safest, most legal approach would be to report them to the Border Patrol as the Arizona groups currently do.

BTW, I didn't see anything in Texas law that allows you to search someone trespassing on private land, but there's a lot of statutes to search and their search engine isn't too hot - can you provide a cite of that statute?

[raggedwarrior]

Arizona Ravised Statute 13-1503: A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.

ARS 13-3884: A private person may make an arrest: 1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.

David Cheney

As per request from Jack Foote I have been asked to pass along the following information at this time...
he has been apprised that one of our jailed members has gone on a hunger strike but not told which.

An attorney has been retained on behalf of our volunteers. The RR members had not been allowed to speak with an attorney since being arrested nor had one been appointed for them by the court.

The RR members were not allowed their medications (one requires insulin twice per day and the other has two meds for HBP) for the first 48 hours of incarceration.

Sage (wife of David Cheney, RR N.AZ Coordinator)
"Courage is fear that's said its prayer"

[dirtboy]

That's Arizona, I asked for Texas. And that does not cover someone crossing a ranch, from what I can see - a fenced commercial yard IMO is, say, a car lot with a fence around it.

[raggedwarrior]

Our members did not arrest the two illegals, but only detained them for the BP. When the BP did not arrive in a timely manner the two aliens were taken to the front gate of the property and released.

We at Ranch Rescue, as well as the Civil Homeland Defense out of Tombstone, typically do not make arrests but simply detain trespassers for pickup by the authorities.

BTW, Ranch Rescue TX expects to have a new HQ. It will be the present courthouse of Jim Hogg County.

[Jhoffa_]

Bump..

[dirtboy]

Our members did not arrest the two illegals, but only detained them for the BP.

I don't think you can detain someone if you have not met the criteria for citizens arrest. I'm on the side of your groups, but I get worried about legal ramifications when you do more than observe and report potential illegals and only reserve citizens arrest for an obvious felony in progress such as burglary - and nothing you have posted provides any justification for detention ofor simple trespass. I also agree that much of this is trumped up political nonsense - but you have to be very, very careful when you choose to enter this minefield. Folks are gonna be gunning for you who don't like what you are doing, and they will take ANY misstep and pile their lies on top of it.

[Yeti]

Last I noticed, those cruise missiles weren't being launched against locations in El Salvador or Guatemala, nor were Mestiszos trying to blow up North American infrastructure.

I have a different take on this, Chancellor.

Here was a property owner whose rights have been constantly ignored by the authorities to whom he pays taxes. Rather than starting a rebellion, he asks private contractors to protect his property for him.

When the authorities get there, they arrest the private parties which were contracted -- apparently on bogus charges! We will know for sure when the documentarty footage is released.

As it stands, it looks like the powers that be not only want continued illegal immigration by lack of enforcement, but they will go so far as to trump up charges against those who attempt to do their job for them.

Where does that leave the rancher? Where does that leave those of us who have to try to earn a living by working, against unfair competition from illegals?

Last I noticed, those cruise missiles weren't being launched against locations in El Salvador or Guatemala, nor were Mestiszos trying to blow up North American infrastructure.

Welcome to Aztlan, amigo.

[BorderResident]

§ 30.05. Criminal Trespass



(a) A person commits an offense if he enters or remains on property, including an aircraft, of another without effective consent or he enters or remains in a building of another without effective consent and he:



(1) had notice that the entry was forbidden; or



(2) received notice to depart but failed to do so.



(b) For purposes of this section:



(1) "Entry" means the intrusion of the entire body.



(2) "Notice" means:



(A) oral or written communication by the owner or someone with apparent authority to act for the owner;



(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;



(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;



(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:



(i) vertical lines of not less than eight inches in length and not less than one inch in width;



(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and



(iii) placed at locations that are readily visible to any person approaching the property and no more than:



(a) 100 feet apart on forest land; or



(b) 1,000 feet apart on land other than forest land; or



(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.



(3) "Shelter center" has the meaning assigned by Section 51.002(1), Human Resources Code.



(4) "Forest land" means land on which the trees are potentially valuable for timber products.



(5) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.



(6) "Superfund site" means a facility that:



(A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or



(B) is listed on the state registry established under Section 361.181, Health and Safety Code.



(c) It is a defense to prosecution under this section that the actor at the time of the offense was a fire fighter or emergency medical services personnel, as that term is defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances.



(d) An offense under Subsection (e) is a Class C misdemeanor unless it is committed in a habitation or unless the actor carries a deadly weapon on or about the actor's person during the commission of the offense, in which event it is a Class A misdemeanor. An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:



(1) the offense is committed:



(A) in a habitation or a shelter center; or



(B) on a Superfund site; or



(2) the actor carries a deadly weapon on or about his person during the commission of the offense.



(e) A person commits an offense if without express consent or if without authorization provided by any law, whether in writing or other form, the person:



(1) enters or remains on agricultural land of another;



(2) is on the agricultural land and within 100 feet of the boundary of the land when apprehended; and



(3) had notice that the entry was forbidden or received notice to depart but failed to do so.



Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 3, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2385, ch. 596, § 1, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 139, § 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 308, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 24, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.



Amended by Acts 1997, 75th Leg., ch. 1229, §§ 1, 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 161, § 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 169, §§ 1, 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 765, §§ 1, 2, eff. Sept. 1,

[dirtboy]

OK, that defines criminal trespass. What offense does that rise to under the state law in question - 2nd degree misdemeanor, 1st degree, felony? Because in both Arizona and Texas, you cannot execute a citizens arrest unless you witness a felony in progress, with the exception of misdemeanor riot.