Bush Commutes Border Patrol Sentences

[Col Hogan]

On his last full day, President Bush commuted the sentences of two Border Patrol Agents...

http://www.washingtonpost.com/wp-dyn/co ... id=topnews

IMHO, this was needed and the right thing to do...

[ATrain]

Agreed, I just wish he had done it earlier

[BigApp]

IMHO, he should have granted them a full pardon, and put them in for the Medal of Freedom.

[clenz]

Thank goodness he did this. The fact they were being held was a ducking joke from the start. The media overlooked this story too. Should I say the liberal media did, the conservative talk show hosts hollered about this story for MONTHS

[Wedgebuster]

Ought to lock his sorry ass up for the amount of time those guys sat behind bars waiting for "justice."

Despicable, and yes the cock sucker still sucks (Bush).

[travelinman67]

Ditto... What the Border Patrol agents have to deal with due to our AG's refusal to go after the drug runners is inexcusable. Assistant U.S. Attorney Debra Kanof and her superior, U.S. Attorney for the Western Dist. of Texas, John Sutton, should both be immediately reassigned or dismissed upon President Obama's taking office. For them to have originally pursued this prosecution, then tenaciously continued escalating the prosecution through the original conviction, subsequent appeals and resentencing, the whole time Sutton releasing "judgemental" and defensive statements about his decision to prosecute, and further, piously, publicly chastising critics of his decision to prosecute Ramos and Compean, and how his office handled the incident, "I would ask that those who have criticized the prosecution, generally relying upon misleading and at times false versions of what happened, will re-evaluate their positions...".

Somebody at Justice needs to tell these "cowboy" U.S. Attorneys to keep their friggin mouths shut beyond releasing the charges and details of the adjudication.

For those interested in the incident leading to their conviction, Ramos' father in law wrote a well composed, detailed chronology of the incidents, including "behind the scenes" trial shenanigans. leading up to their original sentencing. I've been following this case pretty thoroughly since it happened, and this is a great recap (I'll hide the actual chronology, since anything longer that two paragraphs seems to spook some around here. Click on it to read.)

Spoiler: show

Tuesday, December 5, 2006
The Ramos-Compean Affair: What really happened.
By Joe Loya

My name is Joe Loya and I am the father- in- law of Border Patrol agent Ignacio ‘Nacho’ Ramos.


There are plenty of versions of what actually took place when two Border Patrol agents, Ignacio Ramos and Jose Compean, tried to chase down a drug smuggler in El Paso. But, unless you were there; unless you were present for the fifteen day trial; unless you paid $6,000.00 to read the 3000 pages of transcripts; unless you spoke with their fellow officers; unless you saw the affidavits from jurors who claimed that they were bullied into going along with the conviction, you cannot appreciate the enormity of this outrage.

Please listen to my story and then, please, do everything you can to persuade President Bush to issue an immediate pardon to these two fine agents.

What really happened? Basically, two Border Patrol agents, attempting to interrupt a cross-border drug smuggling operation, fired their weapons in self-defense at an admitted illegal alien, drug smuggler, Osbaldo Aldrete-Davila. The smuggler managed to escape across the border into Mexico, but he left his vehicle, loaded with more than 700 pounds of marijuana. It was another good bust. (Agent Ramos has taken part in more than 100 drug busts and has never hurt anyone, despite having been assaulted and fired upon many times.)
Davila surfaced again a month later with the help of his life-long friend, Border Patrol agent Rene Sanchez, stationed in Willcox, Arizona. Davila was also assisted by Homeland Security agent Christopher Sanchez in El Paso, who started an investigation into the case. Somehow, they managed to get Debra Kanof, Chief Prosecutor for Major Crimes with the U.S. Attorney’s Office in the Justice Department involved. (How or why someone at this level would want to escalate and aggressively prosecute two outstanding BP agents for administrative policy violations is a whole other story.)

Kanof acted swiftly, handing out immunities to anybody who would testify against Ramos or Compean. She also provided the drug smuggler with free medical attention at William Beaumont Army Hospital in El Paso and free passage back and forth between the U.S. and Mexico, not bad treatment for an illegal alien and known drug smuggler. Kanof alleged that the smuggler was an innocent person who was shot by the agents as he ran away from them, fearing the agents were trying to beat him up.

The details. With Ramos and Compean in hot pursuit of this drug smuggler, Davila was forced to ditch his van loaded with 743 lbs of marijuana. In attempting to escape, Davila assaulted and cut BP agent Jose Alonso Compean and left him on the ground bleeding. While Compean was chasing Davila on foot, Ramos had been trying to outflank Davila to cut off his escape into Mexico.

Hearing gun shots and calls for help from his fellow agent, Ramos raced to the scene and found Compean on the ground bleeding. He saw Davila racing towards the Rio Grande, about to cross into Mexico and escape.

Agent Ramos began to chase after the smuggler who had just assaulted his fellow officer. Then the smuggler turned and pointed something at Ramos that he believed was a gun. The time was approximately 1:15pm. It was broad daylight. Ramos, fearing for his life and believing that Davila had already been shooting at his fellow officer, took a single shot at the smuggler. At this time, nobody knew that the smuggler had been wounded.

The smuggler turned back towards the border and kept running. He disappeared into the tall, thick brush along the river. Later, Davila was spotted running across the dry river bed and jumping into a waiting vehicle with two other suspects. This was witnessed by four Border Patrol agents, documenting that Davila was not some “innocent” illegal alien, but a bona fide drug smuggling operation. The three smugglers took off and the agents walked back to the abandoned van where they discovered the 743 pounds of marijuana.

BP supervisor, Jonathan Richards, who had arrived on the scene, was very angry that the smuggler had gotten away. Richards ordered everyone to report to the station. He also told them to load the 743 lbs of marijuana onto their vehicles and take it to the station.

Richards never went across the canal to investigate the assault or to check on agent Compean. Ramos and another agent, named Yrigoyen later testified they told Richards that Compean had been assaulted. At the station, another agent, Mendez, stated that Compean had cuts on his face and hand. He said this in the presence of Supervisor Richards. This is significant because Richards denied having any knowledge of Compean’s injuries.

The BP supervisor lied on the witness stand, testifying that no one told him Compean had been assaulted, which is his excuse for never notifying the F.B.I. of this fact. The truth is that he offered Compean medical attention and had asked Compean several times if he was OK. The physical evidence was apparent as Compean was cut and covered with dirt. Richard's failure to notify the F.B.I. of the assault is the reason why the case was never investigated.

Because of the supervisor’s actions, none of the agent's filled out firearms discharge reports. This administrative policy violation calls for a five day suspension without pay. After checking again on Compean’s condition and asking him if he wanted to file assault charges, according to testimony, Richards then made a statement saying, “If we call the F.B.I. we are going to be here all night doing paperwork. We will never know who the person was that assaulted you although we've got the van and the marijuana." After than, everyone went back to work.
The Arrest. In a dramatic display of overkill, the two BP agents, Ramos and Compean, were arrested by SWAT teams, armed with automatic weapons, at their homes. They were roughed up by the arresting officers before handcuffing them. And all of this was done in front of their families, including their young children.

They were charged with attempted murder, indicted, placed under house arrest for eight long months; tried and convicted by overzealous, unethical and vicious prosecutors who were certainly not out for justice, but for reasons that, someday, hopefully, will become clear.

During their time in jail, awaiting their trial, Ramos and Compean were offered plea bargains approximately eight times. The last offer came five weeks before trial. That offer was for one year in prison and reimbursement to the government for the $35,000 in medical bills for the treatment of the drug smuggler.

Kanof continued to pile up counts against them until the agents were facing 40 years to life because of the count stacking. They rejected the plea bargain because they knew they were innocent and they had faith in our country’s legal system. Had they been guilty, they would have taken those plea bargain offers in a heart beat.

The trial. The prosecutor, Debra Kanof said that all Davila was trying to do was get back home to Mexico. She said the agents never should have chased him, because they did not know what was in the van. (Doesn’t spotting a van crossing the Mexican border into the U.S., illegally, count as probably cause to warrant interdiction by the BP?)

The supervisor, clearly under pressure from Major Crimes Prosecutor Kanof, testified that he knew nothing of the pursuit, even though he had been on the scene and had been inspecting the van with several other agents.

At the trial, the drug smuggler claimed that Compean fired 5 or 6 shots at him. During the trial, the prosecution upped that number to 16 shots.

The story Davila told the Justice Department was that he was walking across from Mexico (illegally) when Ramos and Compean tried to beat him up. Although under oath, he changed his story many times during the trial. He finally admitted that he was paid $1000.00 to bring the load to an El Paso stash house after he was given immunity from prosecution in exchange for his testimony against the two agents.

Davila claimed that he was shot in the back as he fled back to Mexico. The U.S. Army doctor who removed the bullet fragment from the smuggler's right groin disagreed. Although he was testifying as a government witness, he told the truth and stated, "The smuggler was not shot from behind". "He was in a running position, (bladed position) and pointing back with his left arm and hand when the bullet hit his left side of his left buttock and traveled to his right groin.

The prosecution then suggested that he may have been shot as he was running across and not away from agent Ramos. The doctor disagreed and so he was quickly dismissed by the prosecution.



The Bottom Line. The two agents were sentenced to 11 and 12 years in federal prison, respectively, on charges of assault with a deadly weapon and for violation of the drug smuggler's civil rights. They were charged with 11 and 12 counts, respectively, because every time they rejected Kanof’s offer to plea bargain, she would become furious and dream up more counts against them.

In less than six weeks, two brave, honest and dedicated young agents, who have risked their lives for many years arresting illegal aliens, human smugglers and drug smugglers, will be sent off to prison, while Osbaldo Aldrete-Davila, a known drug dealer goes free.

While my family is suffering emotional trauma and financial disaster, this low-life drug smuggler is laughing at the Border Patrol and planning to sue them for $5 million dollars.

Our family is already in debt more than $100,000 in legal fees. We are right on the edge of financial disaster and, yet, if these agents are not pardoned, we will have to raise the funds necessary to pay for the appeal to get a new, fair trial.

[CatMom]

IMHO, he should have granted them a full pardon, and put them in for the Medal of Freedom.

This should never have happened in the first place and to not pardon them is a crime itself.