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"The use of deadly force is only legal when it is to prevent the commission of a capital crime such as murder or rape."

Or, to protect one's life. Violence against BP agents has escalated in recent years. It's easy to point fingers from the air conditioned comfort of your home. Unless you were there, you don't really know what happened.

What I know is that the government put a extraordinary amount of money and effort behind this prosecution. My guess also is that the U.S. Attorney's Office did everything in its power to select a jury like the one that acquitted O.J. Simpson.

Bush and Gonzales were sending a message to Border Patrol agents - don't mess with illegals who are messing with our borders. Compare this potential 20 year sentence to five years that was recently given to a BP agent who was convicted of being paid to transport illegals across the border over a period of months in a BP vehicle.

Or, to protect one's life.

Which is preventing the commission of a capital crime such as murder or rape.

It's easy to point fingers from the air conditioned comfort of your home. Unless you were there, you don't really know what happened.

I'm a medically-retired cop (medically retired after losing most of one of my favorite lungs in a shooting). What I do know has happened is the following:

1. Border agent claimed after the shooting came to light that the smuggler turned and made the infamous "furtive gesture."

2. Smuggler was shot in the a$$--i.e., from behind.

3. Next problem: the border patrol agents destroyed evidence and ensured that this was not reported.

4. When this finally came to light, they proceeded to tell a tale of the guy turning toward them and having something like a gun. However, no gun is found.

5. Border agents' statement compared to wounds on smuggler. Smuggler shot from behind, so he was NOT turned toward the agents as described. Further, the agents went out of their way to collect spent brass from the shooting. Taken together, the agents' concealment, alteration, and destruction of evidence, and their statements that are at odds with the physical evidence available, and you have consciousness of guilt.

The "you don't know" silliness is just that--silliness. What is known is damning in the extreme.