Posted on 03/21/2003 9:14:39 AM PST by Technoman
HEBBRONVILLE, Texas – A pair of Ranch Rescue volunteers arrested here Wednesday are facing two felony charges each, Texas Department of Public Safety officials say.
As WorldNetDaily reported yesterday, Casey Nethercutt of California and Hank Conner of Louisiana were arrested by Texas Ranger Sgt. Doyle Holdridge and charged with two counts of aggravated assault with a weapon and two counts of unlawful restraint for allegedly pistol-whipping and detaining a Salvadoran man and his wife early Wednesday morning.
Nethercutt and Conner were part of a four-man detachment from Ranch Rescue – a property-rights activist group – which was led by Texas chapter head and national spokesman Jack Foote. The four-man contingent, at the request of rancher Joe Sutton, was here to prevent criminal trespassers from crossing Sutton's property.
Law enforcement and other sources say the men are being held in a detention facility in nearby Falfurrias. Officials said yesterday that bond for each man had been set at $200,000. The men were expected to be arraigned in Hebbronville this morning.
Holdridge told WorldNetDaily that the Salvadoran couple – a man and woman described as being in their mid-20s, but whose names have not yet been released – bore some visible physical signs of injury. After Nethercutt and Conner were apprehended, the Salvadoran couple picked the men out of a photo array, said the arresting officer.
Foote said the charges are bogus. He said he and his team "never touched" the couple, "except to pat them down and search them for weapons" after discovering them lying down in brush early Wednesday morning around 1 a.m. He says he has pictures to prove it, although they weren't available at publication time.
After Nethercutt and Conner searched the two Salvadorans, said Foote, they "were taken by van" to the front of Sutton's property, which is guarded by a heavy, steel, sliding gate that remains locked along Hwy. 16.
In the interim, said Foote, the U.S. Border Patrol – which mans an inspection station about seven miles north of Sutton's ranch – was notified to come pick up the Salvadorans. But after waiting around 45 minutes, Sutton grew impatient and ordered his detachment to simply open the front gate and release the Salvadoran couple, said Foote.
The Border Patrol arrived about 10 minutes later, said Foote. Sources told WND the Salvadoran couple eventually turned themselves in to Border Patrol officers, but agency officials would not confirm that.
Border Patrol spokesmen in Hebbronville and Laredo had no comment, except to say the case was being handled by Texas authorities.
It was unclear how the Salvadorans' testimony was obtained; neither Holdridge nor Jim Hogg County Sheriff's Department officials would say. Holdridge did say Wednesday, however, that the Salvadoran couple did not swear out a complaint.
"I filed charges on behalf of the state of Texas," he told WND.
In addition to legal problems, Nethercutt, who is in his mid-30s, and Conner, who was described as being nearly 60, have experienced health problems since being incarcerated. Officials say Nethercutt is suffering complications from pancreatitis, while Conner is suffering from chronic high blood pressure.
Authorities allowed volunteers to bring Conner medicine early yesterday, but refused to allow them to visit Nethercutt. Officials were also unclear as to whether Nethercutt had been taken for treatment to an area hospital or whether he was being treated on-site at a detention center health facility.
Foote says he is confident the men will be exonerated, but believes they will have to endure a lengthy court battle to prove their innocence. He also said he is having difficulty raising bail money and that he asked Sutton to help, but that he refused.
Although the current "mission" on Sutton's ranch is over, Foote pledges that the incident won't permanently damage Ranch Rescue.
"We just have to pick our battles," he said. "Right now, I just want to get these guys out of jail."
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.
You have not provided anything to support this claim as well.
I think those are felonies. ;-)
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.
Probably depends on what, and in which state, but as long as nobody ended up with any scars they didn't want...
;-)
No, it does not do that, either.
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.
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...
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