Obviously, you chose to ignore Ramos'account: "At some point during the time where I'm crossing the canal, I hear shots being fired," Ramos said. "Later, I see Compean on the ground, but I keep running after the smuggler."
Through the thick dust, Ramos watched as Aldrete-Davila turned toward him, pointing what appeared to be a gun.
"I shot," he said. "But I didn't think he was hit, because he kept running into the brush and then disappeared into it. Later, we all watched as he jumped into a van waiting for him. He seemed fine. It didn't look like he had been hit at all."
Seven other agents were on the scene by that time. Compean had already picked up his shell casings. Ramos did not, though he failed to report the shooting.
"The supervisors knew that shots were fired," Ramos said. "Since nobody was injured or hurt, we didn't file the report. That's the only thing I would've done different."
You can't prove the smuggler didn't have a gun. But you go right ahead and be a hard @ss. I certainly take these two border patrol officer's word over a drug smuggler's, (who can't prove his story is true) and give them 20 years.... Yea, right!
That's what Lon Horiuchi said happened at Ruby Ridge and Waco. You believe him?
Compean had already picked up his shell casings. Ramos did not, though he failed to report the shooting.
Destruction of evidence. That is a felony.
You can't prove the smuggler didn't have a gun.
That's not the standard of evidence. It's been proven that (a) these guys made statements at variance with the physical evidence, (b) willfully concealed their actions, and (c) destroyed evidence. All that indicates consciousness of guilt.