Posted on 08/20/2005 8:15:09 AM PDT by kennedy
Two Salvadoran immigrants booted off a South Texas ranch in 2003 by the vigilante group Ranch Rescue were awarded a chunk of land from one of the participants in the clash that had spawned civil suits and criminal charges.
An attorney for the immigrants called it "poetic justice." The 70-acre ranch, near the Arizona-Mexico border, was believed to be used to train militias.
It belonged to Casey Nethercott, 37, who's serving a five-year sentence since a Jim Hogg county jury found him guilty of being a felon in possession of a firearm during the scuffle with the immigrants near Hebbronville.
The Salvadorans, Edwin Alfredo Mancia Gonzales, 26, and Fatima Del Socorro Leiva Medina, 30, testified that Nethercott pistol-whipped Mancia in the head, but the jury deadlocked on that allegation.
The pair then filed a lawsuit against Nethercott, Jack Foote, the founder of Ranch Rescue, and the owner of the Hebbronville ranch, Joe Sutton.
Sutton, who'd invited the border watch group to his land because he was fed up with drug-traffickers and immigrants passing through on their way north, settled for $100,000.
But Nethercott and Foote didn't respond to the suit, resulting in a combined $1.35 million default judgment against them.
Nethercott's ranch, which he bought in cash for $120,000, was signed over to the immigrants Aug. 11.
"That's pretty good given the way (Nethercott) handled people, the things he had done," said retired Texas Ranger Doyle Holdridge, who interviewed the immigrants before the criminal trial. "Something fair happened at the end and the people didn't get the complete shaft.
"What struck me is that when you looked at those two victims, you talk about harmless, docile people. I mean these people were so meek and mild."
The payout comes at time when the governors of Arizona and New Mexico are complaining about how the flow of illegal immigration along the border is out of control, which also was the motivation for the highly publicized Minuteman Project, another border watch group.
Marvin Rader, an attorney from the Houston area who previously represented Sutton, lambasted the outcome of the case.
"We need some legislation to make it so that these illegal aliens can't come in here and sue people," he said. "It's ridiculous for them to be suing the ranchers when they are trespassing on their property. We are not taking care of the borders."
But Morris Dees, chief trial counsel for the Alabama-based Southern Poverty Law Center, which represented the Salvadorans in the suit, said signing the ranch over to the immigrants is "poetic justice."
"I think it's an important resolution of this matter against Ranch Rescue because it first of all sends a message to legitimate ranchers and others that you don't just risk the condemnation of good people, but you might also risk your assets and your land," Dees said.
Rader said in response: "To me it's a bad message. We are basically taking the borderlands away from the people —— that rightfully own those lands —— by failing to protect them.
"If somebody moved into your house and the police wouldn't do anything about it, what would you do? You'd take the law into your own hands and start moving them out yourself."
According to court testimony in the criminal trial, Sutton complained the Border Patrol wasn't effective, yet he didn't give agents open access to his land.
Nethercott, a former bounty hunter, deeded his Arizona ranch property to his sister, Robin Albitz; however, the immigrants sued for fraudulent transfer. Albitz ultimately signed the property over to them, Dees said.
Neither Nethercott's attorney, Jay Jacobson, nor Albitz could be reached for comment.
Dees said it's unclear what the immigrants will do with the property, but they'll probably sell it. He said they are in the United States legally with temporary permits as they seek permanent status.
Mancia lives in Los Angeles and Leiva in Dallas.
They are both doing "work that migrants do. Work that's difficult to get Americans to do," Dees said.
They were illegal at the time. Because they could claim to be victims of a crime in the US (although the man who supposedly beat them was aquitted of that charge and even fed them cookies), they are allowed to stay year to year.
For once, the NYT has better coverage.
(this was posted above)
http://www.freerepublic.com/focus/f-news/1467244/posts?page=8#8
That jumped out at me too.
I cannot believe that I am reading this.
They were illegal aliens when they crossed the border. Once they filed charges against the property owners, they were given temporary legal status.
He is obviously an Ann Richards appointee.
Uh... excuse me, MODERATOR? Wanna expalin why you removed comment 29? I threatened no one.
I just thought you might be interested in some of the other findings in regards to the lawyer. Check out the post on that tread, you might be interested.
Whaaaaaaaa? Were they afraid of the ACLU?
This country is turning into a cesspool quicker than I thought.
Quoted excerpts from:
LOL!!
What is this the 6th or 7th thread on the same article?
I read them - I'm not very impressed with the SPLC or its founders.
Bookmark
LOL - I wouldn't doubt it!
There was a doosie yesterday that finally got locked.
http://www.freerepublic.com/focus/f-news/1466707/posts?q=1&&page=1#1
His ranch was in close proximity to Border Patrol highway checkpoint. To avoid these checkpoints, the illegals are let out and then move north on the land adjoining the road and are picked back up on the north side of the checkpoint.
Landowners normally allow BP on to their property but Sutton refused.
I do not know if he was in jail or not when the civil case was filed. In order to get a default, there must have been proper service on the defendant, which you can certainly get in prison. A prisoner can send out legal mail to answer a complaint, or could get a lawayer. I'm pretty sure lots of minutemen supporters would have been happy to represent him pro bono, had he chosen.
great post!
Simply amazing........If I didn't know it was TRUE......I would NOT believe it!!
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