Ex-border agents Compean and Ramos appeal Convictions..
A few months back I wrote a piece on the grossly unjust arrest and conviction of U.S. Border patrol Agents Compean and Ramos. We try to track and update past posts from time to time, so here is some new information.
These two former U.S. Border Patrol agents Ignacio Ramos and Jose Alonso Compean, were sentenced to lengthy prison terms for shooting a drug-smuggling degenerate suspect, and have filed for an appeal on September 25th to overturn their convictions. They claimed they were charged with a nonexistent crime and convicted after the jury was given improper instructions by the trial judge. These facts are pretty well documented on this and other blogs.
Houston defense lawyer J. Mark Brewer said two counts of a grand jury indictment against former agents Ramos and Compean charged them under a federal statute with the discharge of a firearm in relation to a crime of violence, but the statute does not define a crime and contains only a sentencing factor to be addressed after conviction. Mr. Brewer said in a 20-page motion that the “improperly-crafted indictment” misfocused the agents, counsel and jury on a nonexistent crime of unlawful discharge of a firearm, because the agents were authorized to possess, carry and use a firearm in the normal course of their job. He said that in order to charge a crime under the government’s 10-year mandatory sentence statute, an indictment “must allege that a defendant either has used or carried a firearm…during and in relation to any crime of violence or has possessed a firearm in furtherance of such a crime.” He said the prosecution “misstated” the crime defined by federal statute. Mr. Brewer went on to say that the district court “erroneously told the jury the federal statute made it a crime for anyone to discharge a firearm during and in relation to a crime of violence.”
A ruling in the case is expected next month.
“This is an outrageous case of prosecutorial abuse,” said Paul Kamenar, senior executive counsel for the Washington Legal Foundation, a watchdog group among eight organizations and persons who have filed briefs in support of the agents. “Instead of prosecuting the drug smuggler, the Justice Department filed a dozen felony charges against two agents trying to do their job.”
The pending appeal is being heard by the 5th U.S. Circuit Court of Appeals in New Orleans and seeks to overturn 11- and 12-year prison terms, respectively, for Ramos and Compean.
These two men defending our border from criminals continue to languish in prison through beatings at the hands of illegals in prison, through solitary confinement, and through separation from family. My question continues to be this – if you can’t use a sidearm in the line of duty, even to defend yourself, then why are they issued to agents. You may as well have them carry plastic swords or something! There is demonstrative evidence in this case that these two agents at most were in danger of being shot by a drug smuggler, and at the very least attempted to stop him from fleeing using techniques learned in training. These techniques involve ‘non-lethal’ shots to the legs or feet. All of the testimony points to these conclusions, however prosecutor Johnny Sutton, through tunnel-visioned and abusive tactics, railroaded these two men into conviction for political and career related reasons. His acts are unconscionable, as is the in-action by the Bush administration regarding a potential pardon in this unfair ruling.
If Ramos and Compean are allowed to rot in a jail cell to full term, we as a nation will have sent a clear message to Mexican scumbag drug runners who pump drugs into our kids – challenge the U.S. Border Patrol because in the end, our legal system is incompetent, unjustly opportunistic, selffish, and ultimately…eats it’s own.
This action by U.S. Attorney Johnny Sutton and the reciprocal inaction by George Bush, is damaging the fundamental ability of our Border patrol to do it’s job efficiently and keep these types of undesirables at bay. I urge anyone reading this to visit the links below and sign one or all of the petitions to free these two innocent agents. A link to prosecutor Sutton’s contact information is listed as well. This action was wrong on every level and must be reversed. Only through numbers will the voices of reason be heard.
Free Compean and Ramos now!
Contact information for the United States Attorney’s Office – Western District of Texas
Posted on October 1, 2007, in George Bush, Homeland Security, Immigration Policy, Law, Politics, Protests and tagged Compean, free Ramos and Compean, George Bush, Homeland Security, immigration, Immigration Policy, injustice, Johnny Sutton, Law, pardon, Politics, Protests, Ramos, U.S. Attorny's Office - Western District Texas, U.S. Border Patrol, U.S. Court of Appeals 5th Circuit - New Orleans. Bookmark the permalink. Leave a comment.