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Texas deputy to pay price for defending self
Washington Times ^ | 2 February 2007 | Jerry Seper

Posted on 02/02/2007 3:37:06 AM PST by 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.

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


TOPICS: Crime/Corruption; Extended News; Government; US: California; US: Texas
KEYWORDS: aliens; frobls; gilmer; illegalimmigration; illegals; immigrantlist; immigration; police; prosecution; selfdefense
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This is an obscenity! What the hell is the world coming to?????
1 posted on 02/02/2007 3:37:09 AM PST by Aussie Dasher
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To: Aussie Dasher

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?


2 posted on 02/02/2007 3:41:02 AM PST by sgtbono2002 (I will forgive Jane Fonda, when the Jews forgive Hitler.)
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To: Aussie Dasher

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.


3 posted on 02/02/2007 3:41:09 AM PST by sig226 (See my profile for the democrat culture of corruption list.)
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To: Aussie Dasher

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.


4 posted on 02/02/2007 3:45:02 AM PST by RadioAstronomer
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To: Aussie Dasher
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.

5 posted on 02/02/2007 3:47:08 AM PST by snowsislander
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To: Aussie Dasher

This is totally screwed up!


6 posted on 02/02/2007 3:51:37 AM PST by tutstar (Baptist Ping list - freepmail me to get on or off.)
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To: Aussie Dasher

This has GOT to friggin STOP!!!!

Gonzales should be IMPEACHED.


7 posted on 02/02/2007 3:55:34 AM PST by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: snowsislander

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.


8 posted on 02/02/2007 3:55:43 AM PST by gruntSGT (Card Carrying Foaming at the Mouth Lindsay Graham Hater.)
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To: Aussie Dasher

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!


9 posted on 02/02/2007 3:58:05 AM PST by moonman
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To: ZULU
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.

10 posted on 02/02/2007 4:23:25 AM PST by politicalwit (Freedom doesn't mean a Free Pass.)
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To: RadioAstronomer

What is an LEO?


11 posted on 02/02/2007 4:43:54 AM PST by Dudoight
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To: Aussie Dasher

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.


12 posted on 02/02/2007 4:47:40 AM PST by dragonblustar
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To: Aussie Dasher

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


13 posted on 02/02/2007 4:47:59 AM PST by mtbopfuyn (I think the border is kind of an artificial barrier - San Antonio councilwoman Patti Radle)
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To: Dudoight

Law Enforcement Officer


14 posted on 02/02/2007 4:51:28 AM PST by uglybiker (AU-TO-MO-BEEEEEEEL?!!)
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To: mtbopfuyn
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.

15 posted on 02/02/2007 4:55:12 AM PST by Long Island Pete
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To: mtbopfuyn

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



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


16 posted on 02/02/2007 4:57:20 AM PST by WKB (A wasted day is a day in which we have not laughed!)
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To: Dudoight

""What is an LEO?""

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


17 posted on 02/02/2007 4:58:04 AM PST by lrb111 (Minutemen - Doing jobs the White House won't do.)
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To: Aussie Dasher

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


18 posted on 02/02/2007 4:58:59 AM PST by Tolsti
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To: Aussie Dasher

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


19 posted on 02/02/2007 4:59:24 AM PST by trumandogz (Rudy G 2008: The "G" Stands For Gun Grabbing & Gay Lovin.)
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To: Aussie Dasher

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.



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.


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."


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."


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."


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.


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.


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.


20 posted on 02/02/2007 5:01:54 AM PST by misterrob (Jack Bauer/Chuck Norris 2008)
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To: Aussie Dasher

Why is it OK for LAPD to fire hundreds of shots into an SUV escaping authority with an American citizen as the driver but, when there are illegals driving, it suddenly becomes something completely different?

I think that is a question for all to ponder.


21 posted on 02/02/2007 5:09:06 AM PST by wolfcreek (Please Lord, May I be, one who sees what's in front of me.)
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To: Aussie Dasher

It is time to rise up!


22 posted on 02/02/2007 5:20:50 AM PST by crghill
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To: wolfcreek

Is anybody starting to see a pattern yet?


23 posted on 02/02/2007 5:36:02 AM PST by WTSand
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To: misterrob
U.S. Attorney Johnny Sutton, appointed in October 2001 by President Bush . .

So, it really is Bush's fault.

24 posted on 02/02/2007 5:59:50 AM PST by aimhigh
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To: WTSand

Yeah, the pattern is plain as day and so is the solution.


25 posted on 02/02/2007 6:02:26 AM PST by Buzzy
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To: sig226

And when you lay down with pigs, you are lucky to get up at all. I am so angry that that's all I can say here without being banned.


26 posted on 02/02/2007 6:12:04 AM PST by twonie (Just because there are fewer of us don't mean we are wrong.)
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To: snowsislander

http://www.freegilmer.com/articles.html


http://www.freegilmer.com/writetogilmer.html

be a young man in "Search of the American dream", with a recently married wife and newborn baby girl, having your world come crashing down around you overnight and call it depressing would be the understatement of the year. It is vital for Deputy Gilmer Hernandez's state of mind to receive letters from you to let him know he won't be forgotten.



Please send letters to:

UM73969180H5A106
Guillermo F. Hernandez
Val Verde Correctional Facility
P.O. Box 426011
Del Rio, Texas 78840-6011


27 posted on 02/02/2007 6:12:20 AM PST by radar101 (LIBERALS = Hypocrisy and Fantasy)
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To: politicalwit

Hopefully when the US. Attorney meets his end, it will be by another Mexican Criminal that his actions allowed into this country. However, his end by any other means will be a improvement in our nation.


28 posted on 02/02/2007 6:13:33 AM PST by newcthem (George Bush's legacy.....a war with an enemy that can't be named and the "Religion of Peace")
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To: kalee

ping


29 posted on 02/02/2007 6:27:27 AM PST by Cailleach
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To: Aussie Dasher

That's what you get when you shoot a soldier of the Democratic party. We simply can't have our law enforcement officials shooting at fleeing criminals. It could actually hurt them and cause traumatic stress or worse yet, loss of self-esteem.


30 posted on 02/02/2007 8:07:28 AM PST by DH (The government writes no bill that does not line the pockets of special interests.)
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To: aimhigh

Bush is CEO-He can hire-and he can fire!


31 posted on 02/02/2007 8:09:46 AM PST by radar101 (LIBERALS = Hypocrisy and Fantasy)
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To: Buzzy
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.

You did know your AG is an "anchor baby" didn't you.

32 posted on 02/02/2007 8:37:50 AM PST by WTSand
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To: politicalwit

The fact here is that in addition to Bush II being directly responsible for this, Gonzales ALSO was OUTSPOKEN advocate of illegal invaders BEFORE Bush II appointed him.

So Gonzales concurs with his boss's philosophies on this subject.


33 posted on 02/02/2007 8:50:38 AM PST by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: WTSand
Yup

Hispanic cops getting busted for excessive or illegal use of deadly force.

Pretty straightforward, thanks for bringing it up.

BEFORE you flame - please note. BP agent tried to butt stroke (with shotgun) the Mexican smuggler, missed, the guy escaped. This guys shoots at a car driving away and kills someone. Not the kinda cops I want around.

YMMV
34 posted on 02/02/2007 9:50:21 AM PST by ASOC (The phrase "What if" or "If only" are for children.)
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To: 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."

Sutton is that rogue..

How many people are going to come on here and continue to defend the invaders over our own LE?

sw

35 posted on 02/02/2007 10:29:04 AM PST by spectre (Spectre's wife)
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To: 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.

???

Is it o.k. for a cop to defend himself, but not "Joe Citizen"? 

36 posted on 02/02/2007 10:53:27 AM PST by zeugma (If the world didn't suck, we'd all fall off.)
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To: All

Heres a scenario. Say the police office made the stop. Driver tried to run cop over and flees down the highway. Lets say the cop doesn't fire weapon but makes report to dispatch. It the fleeing car gets into an accident a few miles down the road and killed some US citizens, what do you think poster on FR would be saying? Would the US citizens sue the police officer for not detaining the driver when he was stopped. Just curious.


37 posted on 02/02/2007 12:13:33 PM PST by art_rocks
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To: aimhigh
So, it really is Bush's fault.

Absolutely.

38 posted on 02/02/2007 1:00:29 PM PST by Texas Federalist (Gingrich '08)
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To: spectre
The Border Patrol and the state or local police officers in a border area will likely "get the message" that the convictions are supposed to send - no aggressive pursuit of illegals or drug smugglers. The net effect will be to turn the border into a modern day version of 1920s Chicago or a north of the border version of Mexico. The gangsters will rule openly, and their hit men will be the law enforcers from Brownsville to San Diego. In due time, Anglos and assimilated Mexican-Americans will move northward to escape the narco-gangsters. Perhaps even the U.S. Armed Forces will abandon long standing bases like Fort Bliss and Fort Huachuca.

I do not know if this is the intent of President Bush and Attorney General Gonzales. But it will happen if the Border Patrol and local and state police are neutralized.

39 posted on 02/02/2007 1:18:40 PM PST by Wallace T.
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To: Wallace T.
You are describing what is taking place in Los Angeles right now.

My own Mother is buried at Ft. Huachuca and my father will be laid to rest there when he's called home. I've often worried about the base being abandoned.

I don't know what is going on in Bush's mind when it comes to assimilating all of Mexico, but it doesn't appear normal to me.

sw

40 posted on 02/02/2007 1:41:14 PM PST by spectre (Spectre's wife)
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To: zeugma

When the guy runs away, the officer is no longer defending himself. He is acting as an agent of society. I'm sure there are circumstances in which a citizen could make an argument that the attacker posed such an obvious threat to others that deadly force was required. I wouldn't want to sit in the witness chair and make that argument. Even if it was true, that means a lot of people got maimed or dead before it got to that point.


41 posted on 02/02/2007 3:47:24 PM PST by sig226 (See my profile for the democrat culture of corruption list.)
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To: sig226
When the guy runs away, the officer is no longer defending himself. He is acting as an agent of society.

We would concur on that. In "theory", an agent of the state should have a higher burden in such an instance than a citizen. The problem is, these days, unless an illegal is involved, cops have little or no consequences to their actions.

I'm sure there are circumstances in which a citizen could make an argument that the attacker posed such an obvious threat to others that deadly force was required. I wouldn't want to sit in the witness chair and make that argument.

Depends upon the place or circumstances. In Texas, when on your own property, you have a lot of leeway if it is after dusk or before dawn. 

Even if it was true, that means a lot of people got maimed or dead before it got to that point.

Not sure what you meant by this.

42 posted on 02/02/2007 6:47:52 PM PST by zeugma (If the world didn't suck, we'd all fall off.)
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To: zeugma
My own view of the theory is that the cop is the personification of the society, rather than a specific individual who is part of the society. Historical examples demonstrate that a person who is willing to attack a police officer is capable of anything. Most people stop.

To clarify my reference to the witness stand, imagine the driver has already run over a bunch of old ladies on the sidewalk at Bingo night and is driving away screaming, "Now I'm going to get the ones at Saint Anthony's!"

Even if I shot the guy and stopped his attack, there would be a lot of innocent blood on the ground.

43 posted on 02/02/2007 8:30:51 PM PST by sig226 (See my profile for the democrat culture of corruption list.)
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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."
_______________________
How true........and how very, very sad. This is depressing as hell.


44 posted on 02/02/2007 8:37:45 PM PST by cowdog77 (" Are there any brave men left in Washington, or are they all cowards.")
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To: sig226
Even if I shot the guy and stopped his attack, there would be a lot of innocent blood on the ground.

O.K.  I didn't quite catch where you were coming from first time around.

BTW: I dig the Sig226. That's my primary firearm. When I pull the trigger I want the damn thing to fire!

45 posted on 02/02/2007 8:44:09 PM PST by zeugma (If the world didn't suck, we'd all fall off.)
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To: zeugma
"How I sell the Sig Sauer handguns," by a salesman with a sick sense of humor.

"When you want a nice dinner, you talk to the Italians. If you want a nice wine with dinner, you talk to the French. If you want to go to a nice show after dinner, it's English. If your date turns expecially romantic, the Swedish will provide an inspiration."

"And if you want something dead, talk to the Germans."

:D

46 posted on 02/03/2007 2:52:49 AM PST by sig226 (See my profile for the democrat culture of corruption list.)
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To: sig226
"And if you want something dead, talk to the Germans."

LOL. Now, that's funny.

It would appear to be true though. H&Ks are the same way.

47 posted on 02/03/2007 9:56:46 AM PST by zeugma (If the world didn't suck, we'd all fall off.)
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To: Aussie Dasher


Please watch and Circulate this video. It will break your heart.


I have a feeling that Agents Ramos and Compean will be pardoned soon. There is so much attention in the main stream media on their wrongful conviction that it is just a matter of time.

Unfortunately, Gilmer Hernandez hasn’t gotten the same amount of attention and this man does not deserve to go to jail just for doing his job. Please circulate this video around as much as possible. He has a beautiful wife and baby girl that need him.

CIRCULATE THESE LINKS

http://www.immigrationwatchdog.com/?p=3041
http://www.freegilmer.com


48 posted on 02/11/2007 6:21:09 PM PST by Ladycalif (Free The Texas 3 - Ramos, Compean and Hernandez)
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To: tutstar

See rally

http://www.freerepublic.com/focus/f-news/1782732/posts


49 posted on 02/11/2007 6:22:06 PM PST by Ladycalif (Free The Texas 3 - Ramos, Compean and Hernandez)
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To: Aussie Dasher; Bikers4Bush; janetgreen; dennisw; gubamyster; nomad; 1_Inch_Group; 2sheep; ...

Free the Texas 3 PING


50 posted on 02/11/2007 6:22:51 PM PST by Ladycalif (Free The Texas 3 - Ramos, Compean and Hernandez)
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