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Legal Brief Says Border Agents Were Charged With 'Non-Existent Crime' (Ramos & Compean)
cnsnews ^ | 7/26/07 | Matt Purple

Posted on 07/26/2007 9:47:24 AM PDT by msnpatriot

Two Border Patrol agents whose prosecution and sentences to lengthy prison terms triggered a political storm this year may have been charged with a "non-existent crime," according to a legal brief submitted to a federal appeals court in May, and obtained by Cybercast News Service.

(Excerpt) Read more at cnsnews.com ...


TOPICS: Front Page News; News/Current Events
KEYWORDS: abuseofpower; aliens; borderagents; compean; conspiracy; donutwatch; immigrantlist; nifongism; partisanwitchhunt; prison; ramos
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To: raybbr

B U M P


61 posted on 07/26/2007 2:15:38 PM PDT by stephenjohnbanker ( Hunter/Thompson/Thompson/Hunter in 08! "Read my lips....No new RINO's" !!)
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To: ex-Texan; msnpatriot
But Jones also blasted Sutton, saying the prosecutor "had no business charging [Ramos and Compean] with a crime that Congress clearly designed to apply only to the individuals who are possessing, using, or carrying firearms for the purpose of facilitating the commission of a crime - not to federal law enforcement agents."

Johnny Sutton the prosecutor should be nominated for the Mike Nifong Award.

62 posted on 07/26/2007 2:24:39 PM PDT by Paleo Conservative
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To: theDentist

From what I understand, only about 3% of Mexican drugrunners are caught with firearms, because of the automatic enhancements that are tacked on (5 years for carrying, 10 for discharging at border agents) to the smuggling charges. Ramos and Campeon would have known the perp was not likely to be armed, so they shot him anyway, and then tried to destroy evidence. They were given the opportunity of a plea bargain which would have gotten them only 1 or 2 years, yet they choose to go to trial. I think they made their own bed and now they’ve got to sleep in it. And this is from a strong supporter of law enforcement. These two are in no way poster boys for railroaded cops. They were just plain old bad apples.


63 posted on 07/26/2007 3:02:58 PM PDT by attiladhun2 (Islam is a despotism so vile that it would warm the heart of Orwell's Big Brother)
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To: attiladhun2; ex-Texan; msnpatriot; rmlew; Clemenza
Ramos and Campeon would have known the perp was not likely to be armed, so they shot him anyway, and then tried to destroy evidence.

So in other words, a drug smuggler has no duty to stop when a law officer asks him to surrender. So what if the criminal was unarmed? Police have the right to fire weapons at fleeing violent criminal suspects. If Aldrete-Davila wanted to avoid getting shot, he should have surrendered immediatly to Ramos and Compean. Also I must fault Ignacio Ramos and Compean for poor marksmanship. If they had fatally wounded Aldrete-Davila, the Justice Department would not have been able to give him immunity and put him on the stand to testify against Ramos and Compean.

64 posted on 07/26/2007 3:28:11 PM PDT by Paleo Conservative
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To: Brilliant; Borax Queen
My reaction to all of this is that someday these guys are going to be released because their rights were violated, and the US government is going to end up paying them a lot of money.

Sure hope so!

65 posted on 07/26/2007 3:30:07 PM PDT by nicmarlo
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To: Ajnin; Arizona Carolyn; Calpernia; CAluvdubya; christynsoldier; Cyropaedia; dennisw; Digger; ...

Ramos/Compean ping


66 posted on 07/26/2007 3:55:10 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: curiosity

You are full of it. The case should never have been brought. You yourself say this. So the rest of your writing is superfluous

Case should have been handled within the Border Patrol. Your legal musings fail to impress due to the state of anarchy and legal chaos on the border. So Johnny Sutton cherry picking to prosecute the actions of these two agents out of a tidal wave of prosecutable cases shows how evil he is and dittos for all his superiors. I have no use for any of the effers


67 posted on 07/26/2007 3:59:46 PM PDT by dennisw
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To: cpdiii
I wonder what the motivation behind Sutton is?

Just carrying out his amigo Jorge's wishes, who in return is merely carrying out the Mexican govt's wishes.

68 posted on 07/26/2007 4:03:51 PM PDT by Mr. Mojo (There are four types of homicide: felonious, accidental, justifiable, and praiseworthy)
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To: dennisw
I'm not sure I'd go so far as to say the case shouldn't have been brought. Unjustified shootings aren't to be taken lightly. It definitely should not have been pursued as aggresively as it was. Perhaps Sutton should have worked harder to make a deal, but I know he offered them 18 months and they declined. Their lawyers must have been idiots not to advise them to take a deal like that. Maybe they would have taken a 12 month deal, or something to that effect. It's hard to say without having been a party to the negotiations.

Certainly, they should have been fired and should not get their pensions. Heroes these guys are not, and it hurts our movement to make them our poster children.

69 posted on 07/26/2007 4:09:49 PM PDT by curiosity
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To: Brilliant

Agreed.


70 posted on 07/26/2007 4:13:31 PM PDT by Theo (Global warming "scientists." Pro-evolution "scientists." They're both wrong.)
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To: Paleo Conservative
Police have the right to fire weapons at fleeing violent criminal suspects.

Not if the suspect is unarmed and not putting anyone in danger, as was the case here.

If Aldrete-Davila wanted to avoid getting shot, he should have surrendered immediatly to Ramos and Compean.

He attempted to do so, and Compean responded by trying to hit him with the butt of his shotgun. Not wanting to take a beating, the suspect ran.

Also I must fault Ignacio Ramos and Compean for poor marksmanship.

Compean wasn't trying to hit him. He was firing at the ground near the guy's feet. There's no way a veteran BP officer is that bad a shot. Ramos was trying to hit him, and he succeeded on the first try. That's not bad, considering the guy was a moving target.

71 posted on 07/26/2007 4:17:21 PM PDT by curiosity
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To: curiosity

George Bush loves all the chaos on the border. Because during this chaos more illegal Mexicans enter creating an ever greater constituency for amnesty.

So within this government sanctioned chaos Ramos and Campeon did whatever they did. Whatever it was it was minor, I don’t care. It’s irrelevant within the government promoted lawlessness on the border


72 posted on 07/26/2007 4:19:35 PM PDT by dennisw
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To: MayflowerMadam; deport
Sutton, on the Laura Ingraham show the other day, said that he didn't know what his prosecution team was doing. Laura hit him pretty hard on this but he still tried to deny responsibility for the charges. He should be fired for incompetency as well as dishonesty and malicious prosecution.

He is making a tour of talk shows trying to defend himself. He has just convinced more people that he can't tell the truth.

73 posted on 07/26/2007 4:20:00 PM PDT by FreePaul
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To: dennisw
So within this government sanctioned chaos Ramos and Campeon did whatever they did. Whatever it was it was minor, I don’t care. It’s irrelevant within the government promoted lawlessness on the border

Yes, I agree. This whole case is distracting everyone from what's really important, which is anarchy on the border.

74 posted on 07/26/2007 4:27:26 PM PDT by curiosity
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To: AuntB
http://wnd.com/news/article.asp?ARTICLE_ID=54023

This document looks like it has the information on how the complaint was initiated.

75 posted on 07/26/2007 4:28:43 PM PDT by Paladin2 (Islam is the religion of violins, NOT peas.)
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To: curiosity
Compean wasn't trying to hit him. He was firing at the ground near the guy's feet. There's no way a veteran BP officer is that bad a shot. Ramos was trying to hit him, and he succeeded on the first try. That's not bad, considering the guy was a moving target.

From what I've been reading the BP is not allowed to shoot at a fleeing suspect.
So if a BP agent finds a murdered Mexican on US soil he cannot fire at the murderer fleeing back to Mexico
Dittos for a van found that's full of cocaine and heroin. BP agent cannot shoot at suspect fleeing to Mexico

Kind of a crazy policy. Bush and Sutton could give a shit about Mexican drug smuggling. It's all a great game where "bad Mexican" BP agents get prosecuted while Mexican drug pushers get free passes to smuggle some more

76 posted on 07/26/2007 4:28:53 PM PDT by dennisw
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To: curiosity
...if it is true that he used his pass into the US for trial to smuggle more drugs, I will be outraged.

You can begin being outraged. No one, including Sutton, has denied the second drug delivery. Sutton tried to get by with a denial that there were any arrests. That was because his office ordered that the smuggler and others involved be released. Other government agencies were involved and Sutton can't cover it up. The delivery and "apprehension" are well documented.

77 posted on 07/26/2007 4:29:22 PM PDT by FreePaul
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To: curiosity
Yes, I agree. This whole case is distracting everyone from what's really important, which is anarchy on the border.

 Thanks. Much appreciated. The small picture is the legal case of Compean and Ramos. But the big picture, the much more important picture is that within all the US Government promoted border anarchy, you have two Mexican American Border Patrol agents shooting at scum bag drug smuggler from Mexico. Believe you me these two fine Mexican Americans immediately had a bead on Osvaldo Aldrete Davila. They knew exactly what he was up to. They have good enough *Mexican* radar to know he's not some innocent Mexican just traipsing across our border.

BTW George Bush loves innocent Mexicans traipsing across our border. Those are good Mexicans
For George Bush and Johnny Sutton --- Compean and Ramos are bad Mexicans

78 posted on 07/26/2007 4:38:26 PM PDT by dennisw
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To: curiosity

Glenn Beck mentioned it briefly ... just a rumor... but Osvaldo Aldrete Davila may have been caught smuggling drugs a 3rd time. Might come out in the next few days


79 posted on 07/26/2007 4:40:34 PM PDT by dennisw
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To: curiosity
Not if the suspect is unarmed and not putting anyone in danger, as was the case here.

Oh really? Violent criminals escaping apprehension put people in danger. By your reasoning a police shouldn't shoot a murder suspect who refuses to stop and surrender himself. Regardless of whether that suspect is armed when police are apprehending him, failure arrest the suspect or using all means of preventing him from fleeing, puts others in danger. Drug smuggling isn't jaywalking.

He attempted to do so, and Compean responded by trying to hit him with the butt of his shotgun. Not wanting to take a beating, the suspect ran.

And we know this how? By the immunized testimony of a drug smuggler trying to save his own skin?

80 posted on 07/26/2007 4:47:18 PM PDT by Paleo Conservative
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