"NEW ORLEANS - Federal prosecutors appear to have "overreacted" in their pursuit of a case against two Border Patrol agents convicted of shooting a fleeing drug suspect and hiding evidence, one of three judges considering an appeal said Monday.
Jose Alonso Compean is serving 12 years in prison and Ignacio Ramos 11 years for assault, obstruction of justice and civil rights violations in the wounding of Osvaldo Aldrete Davila on the border near El Paso, Texas, in 2005. The agents want the convictions thrown out; they claim the shooting was a case of self-defense but acknowledge not reporting the incident.
Noting the severity of the charges and the lengthy sentences prosecutors sought, Jolly said, "It does seem to me like the government overreacted here."
What do you think?
2007-12-04T09:10:01Z
freethinker, I agree. They should have reported it by the book. However, my understanding is that the typical punishment for not doing so is a three month suspension for someone with a clean record, as they had. Not a 11-12 year prison sentence.
youarewrongbobisright2007-12-04T09:30:41Z
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It is so easy to second guess a law enforcement officer when sitting at a computer or in a courtroom with absolutely no idea of the pressures, fear and experiences that occurred leading up to the event.
I personally always side with law enforcement first (which simply means that I will always give them the benefit of the doubt).
If it is obvious, and this case was far from that, then I have no problems going after the bad ones.
They should have suffered a punishment, up to loosing their jobs, but not prison.
I would much rather have either of those border agents as friends and neighbors then Sutton.
Those agents should have gotten medals for shooting the criminal! They risked their lives daily and when they did the right thing they went to prison. That JUDGE should be in prison! The tide seems to be turning in this country, those who for whatever reason supported illegal aliens are on the downturn and it won't be more than a year til we have laws putting everybody who helps illegals into prison. THEN we can build a fence after they have all left.
Of course they should have reported the situation properly but I don't blame them for it after we see the way they were treated for just doing their job. Maybe they should have gotten a demerit for not reporting or at most a half day off without pay.
These agents need to have their convictions overturned, they were persecuted for doing the job they were hired to do. So they didn't do the paperwork, there's too darn much anyway. Heck the drug runner has been indicted for smuggling drugs while using a free pass the prosecutor had given him to make it easier to testify (and smuggle drugs). His pass actually let him cross the border without being stopped or searched. As far as I'm concerned the President should have pardoned them as soon as they were charged.
Joel, unfortunately we don't have the military capability to adequately control the border. To effectively close the border with Mexico we would need between 25 and 30 divisions, and that would still leave the Canadian border wide open. Thanks to Clinton's cuts and the fact that our current President never addressed the problem we only have 18 active divisions in the U.S. Army.
Don't you just like it when the likes of U.S. Attorney Johnny Sutton defends his position with the words of an illegal drug runner that he gave immunity to. And knowingly covered up the facts that Osvaldo Aldrete Davila continued bringing drugs over. Weren't the conditions clear enough for this illegal?
Then we have an overzealous U.S. District Judge Kathleen Cardone, who happens to "forget" conveniently in instructing the jurors properly. Was her decision to exclude that information clouded by bettering her position for another election run for U.S. District Judge? Or some higher position? Don't know! But it sure looks like it though.
So I am glad that Ramos, and Compean are finally going to get the trial they should have gotten in the first place.
At last justice will be serve. Now we have to investigate the Federal District Attorney that committed the injustice to these two great Americans and put them in jail. I think that there was a "conspiracy" between the Justice Department and the government of Mexico. If we have an investigation we will see that it was true.