Texas deputy to pay price for defending self

Washington Times ^ | 2 February 2007 | Jerry Seper

[Aussie Dasher]

A Texas deputy sheriff who fired shots at a fleeing vehicle after the driver tried to run him down faces 10 years in prison for injuring one of the passengers, a Mexican national being smuggled illegally into the United States.

The U.S. attorney, who won lengthy prison terms last year for two U.S. Border Patrol agents in the shooting of a drug-smuggling suspect, also prosecuted Edwards County Deputy Sheriff Guillermo F. Hernandez, who is to be sentenced next month.

The deputy's boss, Sheriff Donald G. Letsinger, said his officer -- who had been on the job for a year -- "followed the letter of the law" in defending himself in the April 2005 incident and questioned why the government brought charges.

"This is a fine young man, and I just don't believe he committed the wrong of which he was accused," Sheriff Letsinger said. "I have never had anything hurt me so badly as this prosecution. We've got to make this right."

Rep. Ted Poe, Texas Republican, called the prosecution and conviction of Hernandez, known to his friends as "Gilmer," "another example of how the federal government is more concerned about people [who are] illegally invading America than it is about the men who protect America."

"Once again, our government is on the wrong side of the border war," Mr. Poe said.

[Aussie Dasher]

This is an obscenity! What the hell is the world coming to?????

[sgtbono2002]

The only people who care about illegal are the Minutement and a few lone deputy's doing their jobs. What is theirreward? Prosecution, anytime the government gets a chance.

Is there any doubt in any American's mind that we are being sold out?

[sig226]

If this was Joe Citizen I'd agree, but in this case, the driver tried to run over a uniformed police officer and then fled. The driver is clearly a threat to the life of anyone who gets in his way. Sorry for the other people in the car, but when you lie down with dogs, you wake up with fleas.

[RadioAstronomer]

At one time in my life I actually looked into being a LEO. I would not now (especially near the southern border) for all the tea in China.

[snowsislander]

The deputy's Dec. 1 conviction has enraged his hometown of Rocksprings, Texas, population 1,250, where "Free Gilmer" signs have been posted. The Baptist church is paying the deputy's mortgage and others have come up with costs for the family's truck, propane and water bills.

Hernandez, 25, and his wife, Ashley, have a 4-month-old daughter.

At least the town is pulling together to help the family.

[tutstar]

This is totally screwed up!

[ZULU]

This has GOT to friggin STOP!!!!

Gonzales should be IMPEACHED.

[gruntSGT]

One only has to watch a few episodes of "Cops" to see the contempt that many LEOs have for the rest of us common people. Now, to add further insult, the courts are making illegals a protected class.

[moonman]

What kind of people makes up these juries? Anyway to find out? I'd love to see a break down. Otherwise, the defendants lawyers must be thee worst!

[politicalwit]

U.S. Attorney Johnny Sutton, appointed in October 2001 by President Bush,

Gonzales is only doing what his boss wants him to do. Any blame sits soley on the shoulders of George.

[Dudoight]

What is an LEO?

[dragonblustar]

Where the heck is the outrage on this? We are being invaded, our citizens attacked and the legal system is punishing us for trying to protect ourselves.

[mtbopfuyn]

Why did I know it would be an illegal...

[uglybiker]

Law Enforcement Officer

[Long Island Pete]

another example of how the federal government is more concerned about people [who are] illegally invading America than it is about the men who protect America."

Pretty much sums it up. Border Patrol and Law Enforcement step down from your post please. Your hard work is not appreciated and you will be arrested for it.

[WKB]

Why did I know it would be an illegal...



Cause you are so smart........:>)

[lrb111]

""What is an LEO?""

Law Enforcement Officer, soon to be extinct, and replaced by the Ticket Writing Officer.

[Tolsti]

Our government is waging war against its citizens with this insanity.

[trumandogz]

The problem was that the vehicle was fleeing and not a threat to the officer.

[misterrob]

U.S. Attorney Johnny Sutton, appointed in October 2001 by President Bush, said Hernandez fired shots at the vehicle as it sped away "knowing it was occupied with the nine individuals," at least seven of whom were illegal aliens -- some of whom later were called to testify for the government.

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Hernandez was convicted after a jury trial in U.S. District Court in Del Rio, Texas, 75 miles southwest of Rocksprings -- found guilty of violating "under the color of law" the civil rights of Maricela Rodriguez-Garcia, a Mexican national.

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Assistant U.S. Attorney Bill Baumann, who prosecuted the case, told reporters that the law does not give law-enforcement officers the right to use "deadly force to stop a car unless it poses an imminent threat to the officer or another person. If the car is going away from you, it's not even a close call."

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Noting that prosecutors offered the deputy probation in exchange for a guilty plea, the sheriff said, "This young man didn't do anything wrong and wasn't about to say he had. I think that speaks to his character."

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Sheriff Letsinger said an investigation found that Hernandez approached the vehicle and found only the driver was sitting upright and suspected the others were illegal aliens. He said the driver, after being asked to step out of the vehicle, pulled forward and turned into Hernandez -- fleeing from what the sheriff described as the deputy's "legal stop."

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Thinking the driver had tried to run him over, he said Hernandez fired at the vehicle's rear tires. He said at least one of the people inside the vehicle confirmed that the driver had turned it into the deputy.

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Sheriff Letsinger, with three deputies to handle all law-enforcement matters in a 2,000-square-mile county, called the Texas Rangers after the incident to investigate what happened. He said he also called the Mexican Consulate because Mexican nationals were involved, and the consulate later notified the FBI.

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The Rangers' incident report, the sheriff said, noted that after firing shots, Hernandez returned to his patrol car, notified dispatch and pursued the vehicle until it crashed into a fence -- at which time the occupants, except for Mrs. Rodriguez-Garcia, fled.