After reading this story this morning, that’s about all I can say for this complete waste of taxpayer money and the embarrassment this SHOULD bring on the judicial system of this country (yet it won’t).

Patrol Agents Ignacio Ramos, and Jose Alonso Compean are both facing 20 years in federal prison for chasing a drug smuggler, and shooting him in the back after he appeared to be aiming a gun at them.

The smuggler was given full medical treatment at William Beaumont Army Medical Center, in El Paso as well as FULL IMUNITY to testify against the border patrol agents who shot him.

According to the prosecuting attorney (Assistant U.S. Attorney Debra Kanof) who represented the smuggler, the man had no gun, shooting him in the back was a violation of his civil rights, and somehow chasing him in the first place was against the ‘rules’, even though the Border Patrols own edict includes “apprehending and detouring smugglers of humans, drugs and other contraband.”. I guess “apprehending” a suspect only happens when they stand still and allow the border agents to walk up and cuff them… not when they run.

This part blew my mind. Kanof stated that the U.S. Supreme Court has ruled it is a violation of someone’s Fourth Amendment rights to shoot them in the back while fleeing if you don’t know who they are and/or if you don’t know they have a weapon.

In case you’re a little rusty, the 4th amendment is as follows:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”

Ok, now let me see here, I have the right to my personal effects and no one can seize them or search them without a warrant. Hey, sounds fair to me, but I’m missing the part where it says I’m free from being shot in the back if I’m a Mexican national who is fleeing from the police and assumed to be armed. If I jump out of a car that is just pulled over and point my FINGER at a cop, you bet your ass he will at least shoot AT me, if not kill me… I see nothing different here.

What I find even more confusing, was that more than two weeks AFTER the incident had occured the Department of Homeland Security tracked down the smuggler and offered him immunity if he testified against the agents. In a memo written by Christopher Sanchez, an investigator with the department’s Office of Inspector General, Osbaldo Aldrete-Davila (the smuggler) had told Border Patrol agent Rene Sanchez that his friends had told him they should put together a hunting party and go shoot some Border Patrol agents in revenge for them shooting him. Osbaldo advised Rene Sanchez that he told his friends he was not interested in going after the Border Patrol agents and getting in more trouble. Yet his tune changed when he was assured total immunity from possible prosecution.

By far the most puzzling part of this whole trial was the inadmissible evidence regarding the agents themselves. For instance agent Ignacio Ramos has personally apprehended over 100 drug smugglers and seized several thousands of pounds of narcotics in his career. He was nominated for Border Patrol agent of the year in March of 2005. Ramos also had drug interdiction training from the Drug Enforcement Agency, as well as qualifications as a Task Force Officer with the Border Patrol. Yet NONE of this personal information was admissible during the trial.

And we wonder why the law enforcement agencies and military branches in this country are suffering from VERY low turnout of new recruits… just turn on the news. We have police officers who hesitate to fire at suspects and end up dead because they were afraid of possible litigation if they fired. We have soldiers in the field who hesitate to act for fear of “bad press” and possible law suits and jail time for simply fighting back. Innocent until proven guilty is just a myth these days… no wonder no one wants to fight for their country anymore, you do your job and they lock you up.

Filed under: Border Patrol, Government