News:
Two U.S. Border Patrol agents were sentenced to prison terms of 11 years and 12 years for shooting a drug-smuggling suspect in the buttocks as he fled across the U.S.-Mexico border.
U.S. District Court Judge Kathleen Cardone in El Paso, Texas, sentenced Jose Alonso Compean to 12 years in prison and Ignacio Ramos to 11 years and one day despite a plea by their attorney for a new trial after three jurors said they were coerced into voting guilty in the case, the Washington Times reported.
Source: http://worldnetdaily.com/news/article.asp?ARTICLE_ID=52545
Views:
If you know me or it you’ve been reading this blog for more than a few weeks, it should come as no real surprise that I am outraged at the verdict. More than that, I’m outraged that a border patrol agent can receive prison time for doing his job, stopping a smuggler, serving his country, and possibly saving a life.
Yes, some of the blame may fall on Compean and Ramos for failing to report the discharge of a weapon, but at most they should receive disciplinary action in regards to his job - not criminal charges.
The charges are in regards to violating the suspect’s civil rights and violating certain United States Border Patrol policies. Again I firmly believe that polity violation should only be punished be the employer. As for the Civil Rights violations, I trust Ramos in that he truly believed the suspect had a gun and that the shots may well have been his.
I have no idea what Border Patrol policy regarding shell casings is, but I find it despicable of the prosecutor to use the fact that Compean picked his up as grounds for destroying a crime scene and contributing to the attempted cover up. If anything, I’m sure it came as a result of the stress involved in the pursuit and the shooting. Law enforcement agents should not be held liable except in cases of gross negligence or of actual malice. He may have made a bad decision, but I bet others would have done it as well.
Yes, they may have acted in a manner unbecoming of Border Patrol agents; yes, they may have fired when it could have been prevented (even of that only becomes apparent with 20/20 hindsight); yes, they may have perused when policy says not to. But none of what they did should be a crime for law enforcement officers, none of what they did should put them in jail. They are brave and patriotic Americans who deserve a round of applause and a thank you for protecting our borders and out nation.
Beyond the implications of this case, I strongly question the sanity behind border patrol policies. Not shooting unless the suspect is dangerous makes sense - similar rules apply to many local police jurisdictions - but the pursuit rules make no sense. It is a crime in its own right to flee even a traffic stop for a minor infraction and the officer will (most likely?) pursue and arrest you. Being in the United States illegally is a crime, but people fleeing from Border Patrol agents does not even allow for pursuit? Who in the world came up with that? I, for one, would feel a greater danger knowing an illegal drug smugglers in nearby than having a car going five miles over the speed limit. Maybe I’m just crazy.
Common Sense:
I hate to say this, but I guess no Border Patrol agent should ever peruse a suspect or shoot them unless they have a gun in their face. On the other hand, I guess drug smugglers can roam free with little worry of bing caught as long as they intend to flee back to Mexico when perused.