To: lawdude
(sigh)
What he did is wrong and ARGUABLY against the law. He was let go strictly because the public sentiment was ignorant of the strict letter of citizens arrest statutes and the CA didn't want to come off bad.
Ok, what law did he break? He was minding his own business when he was charged by the group of illegals. He drew his weapon to protect himself (as he is entitled to do under the Constitution) and, suspecting that they were illegal aliens, he held them under citizens arrest until the Border Patrol arrived and he turned them over to the Border Patrol. There is nothing in that entire episode that is against any law.
In AZ, open carry is legal and his weapon is legally registered. No violation of law. He protected himself against what he felt was a threatening gesture made by the group who charged at him out of the dark while he was at a public rest area. The Constitution guarantees him the right to self-defense.
If any law was broken, IMO, it was the BP agents who asked the ILLEGAL ALIENS if they wanted to press assault charges against the AMERICAN CITIZEN who stopped their ILLEGAL INCURSION into the United States.
Finally, public sentiment doesn't carry a lot of weight in legal matters. If that were true, Michael Jackson wouldn't be on trial, the Smith guy who spit on Jane Fonda wouldn't be facing disorderly conduct, and Bubba Clinton would never have been impeached.
180 posted on
04/22/2005 9:51:16 AM PDT by
DustyMoment
(FloriDUH - proud inventors of pregnant/hanging chads and judicide!!)
To: DustyMoment
"Ok, what law did he break? He was minding his own business when he was charged by the group of illegals. He drew his weapon to protect himself (as he is entitled to do under the Constitution) and, suspecting that they were illegal aliens, he held them under citizens arrest until the Border Patrol arrived and he turned them over to the Border Patrol.Ok, what law did he break? He was minding his own business when he was charged by the group of illegals. He drew his weapon to protect himself (as he is entitled to do under the Constitution) and, suspecting that they were illegal aliens, he held them under citizens arrest until the Border Patrol arrived and he turned them over to the Border Patrol."
He has given at least three versions of that story. The one you parse is the one that is closest to keeping him legal.
The CA admits that the ONLY thing that helped his cause was that there was a Coyote (illegal guide) with them. He is the felon.
He had NO probable cause. How did he know there was a Coyote with them? How did he know they were illegals? Good guesses DO NOT COUNT. Had just one of them been a citizen, he would be tried and convicted of a host of crimes. They very likely DID NOT charge him., The last thing illegals want is CONFRONTATION!!.
The illegals themselves did NOT commit a felony.
Bottom line, and every attorney I know in Arizona agrees that, HE WAS DAMN LUCKY.
183 posted on
04/22/2005 10:41:53 AM PDT by
lawdude
(Liberalism is a mental disease.)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson