A SOLDIER'S PERSPECTIVE
THE WEB'S LEADING MILITARY BLOG SINCE 2004
Note: This is a full explanation of Patriot’s article posted yesterday.
Two border patrol agents are facing serious jail time for shooting an illegal alien that was smuggling drugs into the country. Ignacio Ramos and Jose Alonso Compean were found guilty on multiple charges and face up to twenty years in a federal prison. The insanity of this case is that it appears the Department of Justice, Department of Homeland Security, and US Border Patrol are taking the word of an illegal drug smuggler over two agents.
Ramos’ side of the story differs greatly from what the government alleges.
IGNACIO’S STORY
Here’s Ramos’ version of what happened that day:On Feb. 17, 2005, Compean was monitoring the south side of a levee road near the Rio Grande on the U.S.-Mexico border in Fabens when he spotted a suspicious van driving down the north end of the road. He called for backup.
Ramos headed to Fabens, where he thought he could intercept the van at one of only two roads leading in and out of the small town.
Another agent was already following the van — with Aldrete-Davila at the wheel — when Ramos arrived.
Ramos and the other agent followed the van through the center of town until it turned back toward the Rio Grande, which marks the border between Mexico and the United States. Aldrete-Davila, unable to outrun the agents, stopped his van on a levee, got out and started running. Compean was waiting for him on the other side of the levee.
“We both yelled out for him to stop, but he wouldn’t stop, and he just kept running,” Ramos said.
Aldrete-Davila made his way through a canal, and Ramos could hear Compean yelling for Aldrete-Davila to stop, he said.
“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.”
The van later was found to have about 800 pounds of marijuana inside.
I believe Ramos and Compean are telling the truth. They have no reason not be completely honest since there were multiple witnesses.
A DIFFERENT TAKE
The version of events presented by the U.S. Attorney’s Office during the agents’ trial differed markedly from Ramos’.“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,” said Kanof, the assistant U.S. attorney.
Ramos testified during the trial that he saw Aldrete-Davila with something “shiny” in his hand, she said, and though Ramos told the Daily Bulletin he thought it was a gun, he couldn’t be sure, she said.
Moreover, the agents “did not know who this individual was or what he had in the van,” Kanof said. “They just decided or guessed.”
She then reiterated her contention that pursuing Aldrete-Davila or anyone else fleeing border agents is not part of the Border Patrol’s job.
“Agents are not allowed to pursue. In order to exceed the speed limit, you have to get supervisor approval, and they did not,” she said.
The prosecutor also said the men destroyed the crime scene when Compean picked up his shell casings and attempted to cover up their actions by not reporting they’d fired their weapons.
The government’s case is very weak considering the charges. At most, the two agents should be reprimanded and be placed on unpaid administrative leave for five days. If that doesn’t bother you, consider this also from Daily Bulletin.
The smuggler was given full immunity to testify against the agents and complete medical care at William Beaumont Army Medical Center, in El Paso.
I am completely disgusted that the word of what would be a felon had he not gotten immunity was taken over the word of the agents. I am even more outraged that the true criminal was given immunity and medical care on Texas taxpayer’s dime.
I suspect more may be going on than we are being told. Who, if anyone, are the agents going down for?
Additional coverage:
WorldNetDaily
Bear Creek Ledger
The Dan Stein Report
(26) Readers Comments
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A Ruse Indeed: Wanna Be Therapists
I understand your frustration with hack therapists. Maybe, for some,
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Hi Gaby, you can email me at tracylin.hogan@yahoo.com and i will ta
Platoon Mom Terri
All I can say, is This is a Travesty! Having worked as a Law Enforcement Officer myself, I know full well what those Border Patrol Agents face everyday. These men and women work long hard hours for little pay and virtually NO thanks at all from those they serve and protect…. hmmmmmm sounds almost like what our soldiers face everyday, doesn’t it? Sounds to me like a letter writing campaign needs to be started.
Lauren
Terri,
I agree with you 100%. I myself have never been a Law Enforcement Officer but I have lots of family and friends who are NYPD and I know what they endure.
Include me in the letter writig campaign if it gets started.
Miss Ladybug
That would be on the American taxpayers’ dime. I lived in El Paso when my dad was stationed at Ft. Bliss back in the mid-80s. William Beaumont Army Medical Center serves the military and military dependents of Ft. Bliss. At any rate, this story disgusts me.
Moocow
If you want to do something about this, contact Attorney General Gonzales. Here’s the website: http://www.usdoj.gov/contact-us.html
Don’t just sit and let criminals rape and abuse our country and its citizens. Write on behalf of these two men who bravely defended our country and are now paying the consequences at the hand of our government who is making deals with the criminals they were trying to apprehend!
Donna
Grassfire.org have also got a petition drive going. They are sending petitions to President Bush on behalf of these two border guards. I just signed the petition!
Peg
call Atty Kanof to express your opinion
700 East San Antonio Ave., Suite 200
El Paso, TX 79901 (915)534-6884
Bob the Liberal
This is an absolute travesty. I can not express my disgust enough at this.
Mary
Please write letters everyone, to your House rep, and Senator. This demands the people rise up and take back
justice from this misguided self aggrandizing US Asst.
attorney.
snakeeater
I fully understand that law enforcement officers are entrusted with use of force–up to deadly, the ability to take people into custody upon their judgement and all of that. And I know that such capabilitles are subject to judicial review to ensure that they haven’t been abused, But I really chafe at the Monday morning quarterbacks–few of whom have ever even been in a cruiser and none of whom can actually imagine the wrenching, nanosecond decisions that LEOs have to make.
Dave
So basically what this is telling all the other boarder patrol officers is to let people walk right by them because if they don’t then they could go to jail for doing their jobs.
How can that jury be so blind? Are the other BP officers supporting their co-workers?
I am not a violent person by nature but the only think I thing those officers did wrong was not shoot for the head. If they smuggler was shot and killed they would be hero’s instead our justice system had decided to throw the book at them. Personally I am very thankful for our armed forces allowing me and my wife to sleep at night not worrying about another drug dealer trying to sell drugs in our country.
Another suggestion is write your local news. They may have already heard this story but it does not hurt to try and make this as public as possible.
Matthew
I sent a letter to the Friends of the Border Patrol expressing my support for these soldiers. I admit, I never used to think about how important the border patrol was. I’ve started seeing TV commercials for them and I thought that the Border Patrol was like the Coast Guard; kind of the little brother of the military. But, you know what I’ve learned lately? They are really our last line of defense in terms of border security. US Customs, TSA, Border Patrol, Coast Guard, (I’m sure I’m leaving someone else out), it’s these departments that protect us at home while the older military brother is off fighting our enemies abroad. They’re the watchdog that we put in place to fight off those who would do us harm. They protect us from the hordes of criminals who cross our borders and try to smuggle in illegal aliens, terrorists, drugs, disease, burden. It is THEY who are our only protection when the enemy is standing on our doorstep or finding a way through our shoddy chain-link fence. Hell, I’m just under 300lbs and I can climb a chain link fence with razor wire. We have laws in our country that allow homeowners in certain states to use deadly force if they feel their life is threatened. We have police officers who are supposed to respond exactly the way that the BP Officers did. Should we really be sending the message that not only will illegals NOT be chased but they WON’T be shot if they happen to pull a gun on BP and fire before introducing themselves… I’ll refrain from the profanities that I’m spitting out through clenched teeth right now…
Dave
I agree with Matthew 110% give this site a try and help support them.
http://www.friendsoftheborderpatrol.com/PR2006-11.html
truthbomb
FOR IMMEDIATE RELEASE Shana Jones, Special Assistant
Daryl Fields, Public Affairs Officer
August 11, 2006 (210) 384-7452
STATEMENT OF UNITED STATES ATTORNEY JOHNNY SUTTON REGARDING THE
CONVICTION OF FORMER BORDER PATROL AGENTS COMPEAN AND RAMOS
In response to misstatements and misinformation being reported in the media regarding the prosecution of Ignacio Ramos and Jose Alonso Compean, relating to a shooting that occurred while they were on duty as U.S. Border Patrol agents on February 17, 2005, the United States Attorney’s Office for the Western District of Texas releases this advisory summarizing the evidence presented at defendants’ trial.
As will be demonstrated by the summary below, the defendants were prosecuted because they had fired their weapons at a man who had attempted to surrender by holding his open hands in the air, at which time Agent Compean attempted to hit the man with the butt of Compean’s shotgun, causing the man to run in fear of what the agents would do to him next. Although both agents saw that the man was not armed, the agents fired at least 15 rounds at him while he was running away from them, hitting him once.
On February 17, 2005, Border Patrol Agents Ignacio Ramos and Jose Alonso Compean were on duty along the U.S./Mexico border, working out of the Fabens Border Patrol Station. At approximately one o’clock in the afternoon, Agent Compean observed a van near the border about two and a half miles west of Fabens. According to the testimony, the driver of the van, Osvaldo Aldrete-Davila, failed to yield to Agent Ramos’ attempt to stop him, jumped out of his vehicle and attempted to run back to Mexico. After Ramos told Aldrete-Davila to stop, Ramos drew his service revolver and pointed it at Aldrete-Davila. Aldrete-Davila jumped into a steep ditch filled with dirty water and when he tried to climb the steep incline out of the ditch,he was confronted by defendant Compean, waiting for him with a shotgun pointed directly at him. During his testimony, Compean acknowledged that at that time Aldrete-Davila held his hands up, as if to surrender, with his palms open, and no weapon was in either hand, or evident on his person. Another agent, who had arrived by this time and observed the scene, heard someone yell “hit him.” Aldrete-Davila, who was at one time alegal resident alien of the United States and speaks some English, also heard someone yell “hit him, hit him,”and specifically heard Compean yell: “Parate, parate, Mexicano de mierda.” (“Stop, stop you Mexican shit.”) According to testimony, Compean swung his shotgun around in an attempt to hit Aldrete-Davila with the butt of his weapon, but lost his footing and fell face down into the dirt and brush. Aldrete-Davila began to run to the river and did not look back. Agent Ramos also testified that when he saw Aldrete-Davila in the ditch, he had an opportunity to look at Aldrete-Davila’s hands, which he is trained to do for self defense and defense of another, and did not see any weapons in either of Aldrete-Davila’s hands. When Aldrete-Davila almost reached the river, but while he was still out in the open vega area, he heard numerous gun shots. Compean fired at Aldrete-Davila at least fourteen times and Ramos fired at Aldrete-Davila once. Aldrete-Davila felt a sting in his left buttock and fell to the ground. When he reached for the location of the pain, his hand came away bloody. Fearing the shooters were about to reach his location and kill him, he turned his head and saw the two defendants holster their weapons, turn away from him and walk back north. He got up, limped to the river and returned to Mexico where he sought medical attention and learned that the bullet had caused serious inury. The bullet remained lodged in his body, causing him pain and impeding his ability to walk, until extracted by a military physician in the United States. On March 16, 2006, the bullet extracted from Aldrete-Davila’s body was matched to the service weapon carried by defendant Ramos,evidencing that Ramos fired the shot that struck Aldrete-Davila.
At the time of the shooting, neither agent Compean nor agent Ramos knew that the van driven by Aldrete-Davila contained 743 pounds of marijuana. The evidence was un-controverted that, at the time the victim was shot, neither agent knew whether the driver was illegally in the United States or whether a crime had been committed. The only information they had was that the driver had failed to pull over to be identified.
According to the testimony of seven other Border Patrol agents who arrived at the scene of the incident after the shooting, neither Compean nor Ramos mentioned that the driver who absconded had a gun,or that any agent’s life was in danger. Defendant Compean repeatedly denied that he had been injured by the driver and refused the supervisor’s offer to file a Report of Assault on his behalf. At the scene, Ramos told a supervisor that as the suspect fled from the vehicle, agent Compean was on the levee attempting to apprehend him. Defendant Ramos said that as the suspect tried to flee Compean either tried to grab the suspect, or did a “side to side” movement, but fell to the ground and got dirt in his eyes. Ramos did not mention the shooting, and said nothing about the suspect having a weapon. At the scene, when asked why he was so excited, Ramos told another agent that it was just the adrenalin that had him all pumped up.
An agent who encountered defendant Compean sometime later, away from the scene of the incident,testified that Compean told him, “That little bitch took me to the ground and threw dirt in my face.” Compean did not indicate that he felt threatened, that his life was in danger, or that the driver had a weapon at any time. Compean did show the agent nine shell casings that he had collected at the scene and indicated he was”probably missing five more casings.” Compean told the agent he had “fired some rounds…did a magazine exchange and fired some more rounds,” and asked the agent to look for the additional casings. The agent proceeded to the scene of the shooting, located the additional five casings, threw them into the drainage ditch and called defendant Compean, using his cellular telephone, to tell him he had found five rounds and threw them away. The removal of the shell casings from the scene made it impossible to do a complete investigation of the shooting.
According to written Border Patrol policy, an agent who discharges his firearm at anytime, including off duty or by accident, must report the discharge to a supervisor within one hour. Both defendants Compean and Ramos had attended firearms refresher training which includes a review of this policy the day before the incident. Border Patrol policy also requires that the scene of a shooting be preserved so that the Sector Evidence Team may examine the evidence and file a written report detailing their findings so that a determination can be made of whether the discharge was justified. Evidence presented at trial indicated that,in the entire time of the defendants’ employment as Border Patrol agents, every reported shooting had been ruled justified and no agent was disciplined as a result of a shooting. Defendant Ramos is a trained member of the Sector Evidence Team and a firearms instructor who teaches the discharge policy.
Testimony elicited at trial clearly established that, until an investigation initiated at the Washington,D.C. headquarters of the Department of Homeland Security, Office of the Inspector General began on March4, 2005, no written report had been filed, no oral report had been made, and no person in any official capacity was cognizant of the fact that a shooting had occurred or a firearm had been discharged by any Border Patrol Agent in the direction of an individual fleeing into Mexico after having failed to stop for immigration status identification on February 17, 2005. The only report of any law enforcement activity on file for the Fabens Border Patrol Station on that date was an Immigration and Naturalization form I-44, Report of Apprehension or Seizure, authored by both defendants and signed by Jose Alonso Compean. The very brief report stated that after the driver of the van failed to pull over for an immigration check: “The driver of the van began driving back south towards Mexico. The driver was able to abscond into Mexico.” The report, admitted into evidence, then indicated that immediately after the driver absconded, defendant Ramos spotted the bags of marijuana in the van. No written report exists that indicates that defendant Compean was assaulted by the driver, tussled with the driver, was threatened by the driver’s actions or thought the driver had a gun. Both supervisors who arrived at the scene, after the incident was over, repeatedly asked defendant Compean if he was assaulted or injured and if he wished for them to file a Report of Assault-Service Employees, which is routinely completed if an agent reports being assaulted by a suspect. Compean did not wish such a report to be filed.
This office did not prosecute the defendants because they had violated Border Patrol policies. They were prosecuted because they had fired their weapons at a man who had attempted to surrender, but, while his open hands were held in the air, Agent Compean attempted to hit the man with the butt of his shotgun. In fear of what the agents would do to him next, the man ran away from the agents, who then fired at least 15 rounds at him, although they had seen his open hands and knew that he was not holding a weapon and had no reason to think that he had a weapon, hitting him once causing serious bodily injury. The references to policies are made only to demonstrate that had the defendants believed that the shooting was justified, there was no reason for them to conceal it from supervisors and remove evidence from the scene. The laws of the United States make it a crime for law enforcement officers to use excessive force in apprehending suspects. It is a violation of any person’s Constitutional rights to shoot at them after they have attempted to surrender, knowing that they are unarmed and pose no danger to the officers or anyone else.
At the initiation of their investigation, the DHS Office of Inspector General contacted Aldrete-Davila who was at the time in Mexico. Aldrete-Davila was at first reluctant to cooperate with the investigation because he feared that should he return to the United States, he could be prosecuted for the offenses committed in relation to the load of marijuana he was driving on February 17, 2005. In order to secure his cooperation and appearance at trial in the United States, this office agreed that in return for his truthful testimony he would not be prosecuted for the February 17, 2005 offenses. The agreement does not immunize any other conduct.
Based on all of the evidence admitted at the two week trial, including the lengthy testimony of both of the defendants, the jury of twelve citizens heard all of the testimony, judged the demeanor and credibility of the witnesses and unanimously found both defendants guilty beyond a reasonable doubt of eleven of the twelve counts alleged in the indictment, including assault with a dangerous weapon, assault with serious bodily injury, discharge of a firearm during the commission of a crime of violence and willfully violating Aldrete-Davila’s Constitutional, Fourth Amendment right to be free from illegal seizure, as well as obstructing justice by intentionally defacing the crime scene, lying about the incident, and failing to report the truth.
Mike Johnson
What a Crock of SHIT,,, Men and women of the USA put their lives on the line and for what!!! Give them a medal for what they did, not a jail sentence. They should of killed the SOB and there would of been no trial. Just like Neal Bortz said: “No good deed goes unpunished”.
Howard McIntyre
How does an ILLEGAL alien have any constitutional rights. If a U.S. citizen goes to Mexico or another country, we have no rights. It was not illegal seizure. The little drug smuggling wetback refused to stop at border security checks and ran when confronted. Sounds a lot like probable cause to me which negates illegal seizure. I think a few prosecuting attorneys need to be disbarred until they complete law school again. They don’t care about the security of this country. They are just trying to put a feather in their hat any way they can. I feel that if you run from police or officers of any kind, you must be guilty of some crime and the only right you have is the right to be shot.
webmaster
http://anti-illegalimmigrationevents.com/
This National Calendar has posted an event for the agents from 8-11 to 12-25-o6 and made 8-22 an National day to mourn their freedom.
For Shame, that this has been done in our country, Two dedicated Border Patrol agents will be ripped from their famly, friends, jobs and freedom.
The calendar has the addresses and updates on Ramos and Copean, how you can contact them and what you can do to help.
Chris
How many times have Law enforcement officers been injured by a suspect who they “thought” did not have a weapon? How many times have they been assaulted and their weapon taken from them and shot? How many times has a criminal lied, twisted the truth to get away with a crime? Are we as a justice system so blind that we are willing to ignore that fact. I am not saying people do not have rights, but this nation has for to long been putting the criminals rights “above” the victims rights. Why should they have their rights so well protected when they so willingly violate someone elses rights?
So the fact that the man was attempting to smuggle drugs into the country does not matter anymore. That is why he got immunity. The fact that he broke the law is ok, but the fact that the BP Agents broke the law is “wrong”. Criminals are not afraid because they know that they will be protected “full immunity” by the very people who are suppose to prosecute them.
No wonder crime in the US is so rampant. We give so much credance to what the criminals say and do, but tie the hands of those we charge to protect us. Then when they fail to protect us, they are not doing their job and again need to be punished. We cannot have it both ways. We either allow Law Enforncement and the Military to do the job we “demand” of them or we don’t. We need to make up our minds and either support those who willingly lay their lives on the line for us and be thankful to them, or do away with them make it “every man for himself” where each individual is responsible for his own defense and protection. I do not think as a society that we want that.
Mike Langlois
This situation is so frustrating; I can see everyone up the line, including the president, saying,”This is out of my hands”.
I have signed the petition, sent emails to the president, attorney general, my senators and rep (what a joke, I’m from MA).
It really makes me sick to think our government has degenerated to the point where it will favor a drug smuggler by giving him immunity, picking up his medical tab and considering a $ 5MM lawsuit rather than standing up for border patrol agents who are so understaffed it is a sin.
BJ Ackerman
This is OUTRAGEOUS! Write and call anyone and everyone you can. We need to let our President know that this is not acceptable.
The White House
Comments: (202) 456-1111
Switchboard: (202) 456-1414
email: comments@whitehouse.com
dennis perkins
thats the problem with our country. the wrong people are in office and the need to be put out of office. the border patrol is more inportant then the war. it is a war for our country not mexamerica. these agents should be promoted and the da should be dismissed. we need change in polocy for the border. we need a new leadership inm ths country. pardon them.
Randy P.
The President CAN and SHOULD Pardon these agents TODAY.
Willard B
I am outraged at the story of the 2 border agents convicted while doing their duty.
According to an article, their names are: Ignacio Ramos and Jose Alonso Compean.
How can we expect people to take on the job of Border Patrol if they are cannot do very much to stop a person breaking the law.
I wish there were someone who could be in charge of a way for Americans to show so much support for these two agents, that it could open the eyes of all, and take the charges away from them.
I am a 75 year old natural born citizen, who hates all law breakers, but this case is one of having to fight with your hands tied.
I had to write to someone, and I saw you email address.
Reapo Girl
The smuggler went after immunity based on the advise of a friend of his who happenes to be a boarder agent. Also the two convicted agents are under constant guard since they and their families have recieved threats from the smugglers cronies. The amount of corruption around this case is insane– I don’t know how we can take homeland security seriously when we’re helping the bad guys.
Lisa H
This is dispicable. Bush is selling out those who are trying to protect us. I have emailed the White House and I am calling. I am also contacting my congressmen and senators.
This country has lost its collective mind. I never thought I would see the day that criminals would be given immunity to testify against our best and brightest, while allowing a drug smuggling illegal alien to sue our government.
Those border agents should be rewarded not punished. Bush is a traitor. Homeland Security is a joke. The rights of law abiding citizens hav become non existant. This country is going to fall from within as Rome did if we don’t get control of this insanity.
Mr Bush needs to pardon these 2 heroes and apologize for what has happened. They deserve compensation.
Bill Valtman
Every day it is the same old nonsense that keeps real AMERICANS awake at night. Here we have 2 HISPANIC AMERICANS that are our boarder patrol agents doing their JOB. Now, they have shot the man in the buttocks and they find that this ILLEGAL (what part of illegal does anyone NOT understand?) was hauling ALOT of DRUGS!(THOSE ARE ILLEGAL HERE ALSO) Instead of this ILLEGAL going to jail and waiting for a court sentence for bringing ILLEGAL DRUGS into this Country, we have the 2 agents that did their job going to trial and awaiting sentence for doing what? THEIR JOB? Tell me where the hell this makes any sense. In no way should our agents be in court and in trial for doing their job. Why are our agents in court? Who suggested that our agents be prosecuted? Why does this ILLEGAL have any U.S Constitutional rights. The ILLEGAL is exactly that. ILLEGAL!!!! HE DOES NOT have any rights here. He commited 3 crimes. 1. He crossed the boarder ILLEGALLY 2. He transported ILLEGAL drugs into the U.S. 3. He had the intent to sell ILLEGAL drugs in the U.S. – now how is this ILLEGAL person not in jail. Come on Congress, get on the ball and save these 2 agents from going to jail for NOT DOING ANYTHING WRONG. What rules are we playing by? why are we bending the rules for some and not for all? this is confusing to the all of our agents and all of us. If we are told to do our jobs and here are the rules to follow, we need to follow those rules. If our agents would not have done there job they would have been fired. Yet they do their job and look at the nonsense they are going through. America needs to wake up!!!!
PJR
I can’t believe this is happening. How can we expect our Border Patrol Agents to do there job,and protect our borders from CRIMINALS when they have to be in fear of there freedom and livelihood, for doing what we pay them to do.. This is so messed up. No wonder our country is going to hell.