Border group members face felony charges

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

[raggedwarrior]

Arizona Revised Statute 13-3884. ARREST BY PRIVATE PERSON

A private person may make an arrest:
1. When the person to be arrested has in his presence committed a misdemeanor amounting to breach of the peace, OR a felony.
2. When a felony has been in fact committed and he has reasonable grounds to believe that the person to be arrested has committed it.

In AZ you may make a citizen's arrest after witnessing a misdemeanor, or in the case of a felony, the citizen need not witness the offense but must have REASONABLE grounds to believe that the person he is arresting committed that offense.

I will point out again that the two RR volunteers (NOT contractors, as one poster insinuated) only detained the two illegals and did not arrest them even though by law in both TX and AZ they would have been legally authorized to do so.

David Cheney, N. AZ Coordinator for Ranch Rescue

[BorderResident]

http://www.ranchrescue.com/news_articles/delriolive_2000aug01_trespassers.PDF

Definately a DA to call in Texas, FWIW his opinion is you can use force to terminate a tresspass (not deacly though)

And FWIW fence cutting is a felony in Texas, better check to see if those fences were cut.

[dirtboy]

1. When the person to be arrested has in his presence committed a misdemeanor amounting to breach of the peace, OR a felony.

2. When a felony has been in fact committed and he has reasonable grounds to believe that the person to be arrested has committed it.

In AZ you may make a citizen's arrest after witnessing a misdemeanor

The very cite you provided does not support your claim.

[dirtboy]

I will point out again that the two RR volunteers (NOT contractors, as one poster insinuated) only detained the two illegals and did not arrest them even though by law in both TX and AZ they would have been legally authorized to do so.

You have not provided anything to support this claim as well.

[StriperSniper]

minor indiscretions

I think those are felonies. ;-)

[Xenalyte]

But if I was a minor at the time too, are they still felonious?

[algol]

Nothing you posted there shows that it is a felony to enter the country illegally of your own accord.

Nope. But what he did post shows that if two people are assisting each other to enter the country illegally, both are committing a felony.

Moreover, they're also conspiring to commit a felony, which is itself a felony.

[StriperSniper]

But if I was a minor at the time too, are they still felonious?

Probably depends on what, and in which state, but as long as nobody ended up with any scars they didn't want...

;-)

[dirtboy]

Nope. But what he did post shows that if two people are assisting each other to enter the country illegally, both are committing a felony.

No, it does not do that, either.

[Fiddlstix]

Bump

[raggedwarrior]

The link below will take you to the sworn affidavit of the French photojournalist who was present at the time of the detention of the two illegals. Please take special note of his statement concerning the two illegals smiling at each other. Hardly something they'd do if they had been beaten or mistreatment.

http://www.patriotvocals.info/RRMembersOPHAWKJailedJournalistTestimony.htm

David Cheney

[BorderResident]

ping-a-ling

[dirtboy]

Please take special note of his statement concerning the two illegals smiling at each other. Hardly something they'd do if they had been beaten or mistreatment.

Please show me anywhere on this thread where I have said that I think the charges against the two men as claimed by the Texas Rangers are accurate. I am debating your contention regarding the underlying law in Texas that you have the right as a private citizen to detain someone for simple trespass and search them, and that this somehow does not constitute citizens arrest. If you tried this on someone on the street, the law would consider it to be an arrest and possibly assault.

Don't get me wrong, I think the law SHOULD allow you to do this. But the point is, it doesn't unless the trespass escalates to a felony level, typically when an illegal breaks into a structure and starts removing belongings - I think it is a legally risky tactic for the border groups to confront potential illegals, stop them and search them for simple trespass.

[BorderResident]

Well, hopefully the illegals did not cut a fence to gain access, that IS a felony in Texas.

Relevant Texas case law will be researched and posted soon.

[ZULU]

God, the TExas Rangers have degenerated!!

If the government isn't protecting our borders, our citizens should.

Is there an address to send contributions for a legal fund for these heros??

[dirtboy]

Well, hopefully the illegals did not cut a fence to gain access, that IS a felony in Texas. Relevant Texas case law will be researched and posted soon.

Please post it when you figure out what the threshholds are for citizens arrest in Texas. I know I'm being a pain in the butt, but I'm nothing compared to what prosecutors and judges with personal agendas are going to be like...

[raggedwarrior]

A legal defense fund has been set up and can be found at www.ranchrescue.com.

[raggedwarrior]

This is the url for the testimony of the French journalist present at Operation Falcon.
http://www.patriotvocals.info/RRMembersOPHAWKJailedJournalistTestimony.htm

[BorderResident]

It appears Hank had his bail reduced and he was released last evening. We are still working on getting Casey released.

Here is the contact information for the "Texas Taliban" of Jim Hogg County and the Laredo office of the Texas DPS:

Jim Hogg County District Attorney - Rudy Gutierrez
102 East Tilley Street
Hebbronville, TX
78361
(361) 527-4056
(915) 674-1261

Jim Hogg County County Sheriff - Erasmo Alarcon
Office 211 East Galbraith Street
Hebbronville, TX
78361
(361) 527-3389
(361) 527-3710
(361) 527-4140
(361) 527-5843 (fax)

Doyle Holdridge (arresting officer)
Division "D" Texas DPS
1901 Bob Bullock Loop
Laredo, TX.
78043
956-728-2215 - (phone)
956-724-9874 - (fax)

Nethercott and Conner are locked up at:
ICS Detention Center Facility
Falfurrias, TX
(361) 325-3696
(361) 325-3340
361-325-3342 - (fax)

They have ID numbers:
Casey Nethercott: JW3954
Hank Conner: JW3955

[raggedwarrior]

The affidavit of Ranch Rescue's National Spokesman/TX Coordinator, Mr. Jack Foote has now been added to our webpage regarding the matter of the ERRONEOUS arresting of two of our RR Members during OP FALCON.
Please review it at:

http://www.patriotvocals.info/RRMembersOPHAWKJailedJournalistTestimony.htm

David Cheney. RR N. AZ