Border patrol agents face 20 years in prison

[rangermonroe]

I always p/u my brass.

I am not a cop appologist, so don't take this the wrong way.

Drug dealer doen't make a hoot here. Crossing the border = border control protecting the country.

Some guy "invading" the US. Border guards tell him to stop. He doesn't. Shots fired, and the guy dies.

No problem with me, and I mostly have a problem with cops.

 

[FTF]

Would you pick up your brass after you killed someone??? I imagine their would be some nostalgia associated with those reloads, but come on now. It's not the shooting range... or is it?

 

[Frog48]

Throw the officers in jail. Per Supreme Court rulings, deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."

It would be pretty easy to argue that if he was unarmed and fleeing toward Mexico, he was no threat to anybody. He would no longer be on US soil, and therefore no longer able to harm US citizens.

Further, out of all the officers involved, NOBODY filed a report stating that shots were fired. That makes it pretty obvious that there was a cover-up, in my opinion.

 

[Azrael256]

It's not the shooting range... or is it?

You might be surprised. Cops have been found with a pocket full of brass after losing gunfights. Under stress, you revert to the last level of training that you mastered. If "training" was a few rounds at a bullseye from 10' followed by picking up your brass, you might just start picking it up in the middle of a gunfight.

Not saying that's what happened here, just that it has happened before.

 

[rangermonroe]

Hell of a cover up...

Further, out of all the officers involved, NOBODY filed a report stating that shots were fired. That makes it pretty obvious that there was a cover-up, in my opinion.

Both are gonna do time.

I was involved in a legit shoot one time...no DRT...on the video I was seen policing up brass. Who knows what you will do?

 

[FTF]

Well, I guess it's possible to attribute his impromptu sanitizing of the area to 'training'... but I don't think his training told him to supress his involvement in the shooting...

The combination of the two... policing his brass and not mentioning the shooting kind of lends the burden of guilt upon him... on both counts... just my humble opinion. I guess he was stressed enough to pick up the evidence, but not stressed enough to report the fact he just killed a man?

"Agents are not allowed to pursue. In order to exceed the speed limit, you have to get supervisor approval, and they did not," she told the Daily Bulletin

The negligence just keeps getting deeper.

There is no defense here... or at least the jury of his 12 peers think the same way I do.

 

[PinnedAndRecessed]

Everyone has some civil rights, even illegal alien drug dealers

No. You're entitled to your opinion. I strongly disagree. He was a criminal in the commission of a crime. He has no rights. Period.

 

[joab]

just my humble opinion. I guess he was stressed enough to pick up the evidence, but not stressed enough to report the fact he just killed a man

Just my humble opinion, but perhaps you would get a better understanding of the story if you actually read it.
A man was not killed, he was shot in the ass The guy continued on apparently unhurt. And the guy that apparently shot him is not the one that picked up his brass

I am much more interested in the investigator's relationship with the family of the smuggler than why a cop policed his brass.

The BP agents failed to follow procedure Suspending them and possibly firing them I can see, but federal jail time I can't.

 

[SalTx]

Glad I'm out of that disgusting business down there. I feel for the B.P. agents, but most things go the alien's way..that's the disgusting thing about the whole job.

 

[gregthehand]

Unfortunatley this is a very sloppily written story. You can't tell heads from tails on this one. They never say what injured the officer who was "on the ground bleeding", or who fired the first shots, or talk much about the other border patrol agent. They make it seem that these guys are in all this trouble for not filling a report but it seems that they are in trouble for shooting a guy. I thinks this might have been a cover up but it's hard to tell. As far as a group of 12 finding him guilty it's my sincerest hope that these 12 were of the rational kind or that these guys had a good attorney. I might google this story later to find out if there are more details that will fill the huge gaps that this one left behind.

 

[wingman]

I am much more interested in the investigator's relationship with the family of the smuggler than why a cop policed his brass.

Happy you caught that as it was my thought also, lived along the border
many years, my opinion is the agents were doing a job they do each day
as the border is a rough place and they should not do jail time on this.

 

[DRZinn]

deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."

It would be pretty easy to argue that if he was unarmed and fleeing toward Mexico, he was no threat to anybody. He would no longer be on US soil, and therefore no longer able to harm US citizens.

Well, since he thought the guy had just shot his partner ("a significant threat of death") and the guy had something in his hand that looked like a gun (i.e. armed), that doesn't apply. Thanks for playing.

There may be a lot more to the story. In fact there probably is a lot more to the story, considering how poorly the article was written. But on the strength of what we know from the article, the agents are being railroaded.

 

[LAR-15]

Okay.

That is a badly written story.

What did the agents do to deserve Federal jail time??

 

[ilbob]

That is a badly written story.

It leaves a lot of unanswered questions

What did the agents do to deserve Federal jail time??

The story is rather vague so it is not all that easy to tell. But long history says that the vast majority of times a LEO misuses his office and gets caught, absolutely nothing happens to him because the agency protects its own. I cannot recall any case ever where a LEO was thrown to the wolves like this story seems to be hinting at.

That is why I believe there is much more to this story then is being stated in the article. I suspect the story may be a regurgitated press release from the defense counsel.

 

[Malum Prohibitum]

"Further, Kanof argued, it was a violation of Border Patrol policy for agents to pursue fleeing suspects."

If that is the policy, then why have a Border Patrol at all?

 

[crazed_ss]

No. You're entitled to your opinion. I strongly disagree. He was a criminal in the commission of a crime. He has no rights. Period.

Ummm no.. now that's an opinion.
Even alledged criminals have rights.. that's a FACT.

EDIT: WND is a right wing propaganda Machine. They're bias is worse than Fox News. That's why the story seems incomplete. They purposely leave out important things..

Here's a more detailed version of the story including the Agent's side and the DA's side of the story.


Breaking the silence
Convicted border agent tells his story
By Sara A. Carter, Staff Writer

http://www.dailybulletin.com/news/ci_4141562

 

[Frog48]

Well, since he thought the guy had just shot his partner ("a significant threat of death") and the guy had something in his hand that looked like a gun (i.e. armed), that doesn't apply. Thanks for playing.

There may be a lot more to the story. In fact there probably is a lot more to the story, considering how poorly the article was written. But on the strength of what we know from the article, the agents are being railroaded.

Wrong. :banghead: Reread the story. Compean was NOT shot. He was the one who fired shots, not the suspect. It clearly says that Compean was picking up HIS OWN casings, not the suspect's casings.

THANKS FOR PLAYING.

 

[Destructo6]

The shoot policy is very clear:

If you discharge your service weapon anywhere other than at an organized range, or the discharge causes injury or property damage, a supervisor must be notified, who should notify OIG.

Their failure to do so should have resulted in disciplinary action, to include termination.

However, the criminal charges are very strange.

"It is a violation of Border Patrol regulations to go after someone who is fleeing," she said. "The Border Patrol pursuit policy prohibits the pursuit of someone."

That's an outright lie. Vehicle pursuits are highly restrictive (almost to the point of being impossible), but not entirely prohibited.

 

[2TransAms]

"Further, Kanof argued, it was a violation of Border Patrol policy for agents to pursue fleeing suspects."

If that is the policy, then why have a Border Patrol at all?

I wondered that myself. The minutemen will patrol for free...

 

[PCGS65]

"This is the greatest miscarriage of justice I have ever seen," said Andy Ramirez of the nonprofit group Friends of the Border Patrol. "This drug smuggler has fully contributed to the destruction of two brave agents and their families and has sent a very loud message to the other Border Patrol agents: If you confront a smuggler, this is what will happen to you."

Now he's free to smuggle more drugs.
I say give the border agents a medal to set an example to drug smugglers.
800lbs is not like a bag full stuffed under the seat.

 

[DRZinn]

Wrong. Reread the story. Compean was NOT shot. He was the one who fired shots, not the suspect. It clearly says that Compean was picking up HIS OWN casings, not the suspect's casings.

THANKS FOR PLAYING.

I didn't say Compean was shot. I also didn't say anything about Compean picking up the suspects shell casings.

"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."

At that point, Ramos said, Aldrete-Davila turned toward him, pointing what looked like a gun.

"I shot," Ramos said.

Thanks, but don't bother playing.

If you discharge your service weapon anywhere other than at an organized range, or the discharge causes injury or property damage, a supervisor must be notified, who should notify OIG.

Their failure to do so should have resulted in disciplinary action, to include termination.

Well, since the supervisors were on scene, should they have to be notified?

According to the U.S. Customs and Border Protection Table of Offenses and Penalties, failure to report that a weapon has been fired in the line of duty is punishable by a five-day suspension.

And anyway, how do they know Aldrete-Davila didn't have a gun? His word against the agents?

According to the memo, Aldrete-Davila told investigators the agents shot him in the buttocks when he was trying to enter the country illegally from Mexico. But according to Aldrete-Davila's later testimony and that of the agents, he was shot after trying to evade the agents upon his re-entry into Mexico.

The memo never was disclosed to the jury.

Railroaded.

 

[johnsonrlp]

I don't understand how they give immunity to drug smuggling and prosecute administrative breeches. I think it should be the other way around. I guess it just depends on who you want in jail. I wish I got to pick and choose.

 

[vynx]

During the trial, the connection between Rene Sanchez and Aldrete-Davila confused the Ramos family, and "we questioned how an agent from Arizona would know or want to defend a drug smuggler from Mexico," said Monica Ramos.

Kanof bristled when asked about the Rene Sanchez/Aldrete-Davila connection.

"It's an unconscionable accusation that Sanchez is associated with a drug dealer," she said. "Most BP agents who are Hispanic have family from Mexico. He was born in the U.S. and raised in Mexico and came back to do high school and later became an agent."

I wonder if the rich drug cartels ever infiltrate the BP? Hmmm, I read they are infiltrating the military.

I copied the above paragraphs from the second newspaper link...""born in US and raised in Mexico"" I think this answers a lot born here, works here, first loyalty to USA? I doubt it.

 

[PinnedAndRecessed]

Even alledged criminals have rights.. that's a FACT.

No. You're wrong. Not during the commission of a crime.

And, it's "alleged." Not, "alledged."

 

[Dannyboy]

Granting immunity to a drug smuggling illegal alien that had beaten a Border Patrol agent. 3 guesses which way that prosecutor votes. Talk about a miscarriage of justice.