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Border Patrol Case Outrage E. Ralph Hostetter Rhetoric from all sides is swirling around the conviction and sentencing of two Border Patrol agents, Jose Compean and Ignacio Ramos, involved in an incident with illegal alien/drug smuggler Osvaldo Aldrete-Davila on the Mexican border near Fabens, Texas. In an attempt to escape, abandoning his van with 743 pounds of marijuana inside, Aldrete-Davila was shot in the buttocks by a bullet from the gun of agent Ramos. Both agents were convicted of various charges, including violating the smuggler's civil rights and tampering with evidence. Compean received an 11-year sentence and Ramos, a 12-year sentence. The sentences would have been one and two years, respectively, had not the prosecutor, U.S. District Attorney Johnny Sutton, made a choice to try the Border Patrol agents under a section of the U.S. Code, 18 U.S.C. Section 924 (c), usually reserved for trying hardened criminals when the prosecution wants to throw the book at them. Perhaps he did so to set an example. The section of the federal code that Sutton opted for demands a mandatory 10 years be added to the normal sentence, regardless of the severity of the crime. U.S. District Judge Kathleen Cardone later said she considered the risk to the agents in prison and the conduct of the "victim" (illegal alien Aldrete-Davila, the criminal drug smuggler) when deciding on the lenient sentences, but it was impossible for her to reduce the 10-year mandatory, consecutive sentence mandated by federal law when a gun is discharged in the commission of a crime. Andrew C. McCarthy, a contributor to the National Review Online, in January 2007 wrote a detailed article entitled "The Border Patrol Two Deserve Jail." The following paragraph from McCarthy's article caught my attention: "Yes, the government could have contented itself with lesser charges such as obstruction of justice and false statements, offenses that could have been proved without testimony from Aldrete-Davila — thus obviating the need to give him use-immunity in exchange for his testimony. But as Sutton points out, the case would not have been nearly as strong without the testimony of the smuggler. He was the only witness in a position to explain the entire transaction and rebut the agents' perjurious version of events. If it was important to do this case at all, it was important to present that testimony. Otherwise, the agents would have been positioned to portray themselves as decent men doing a tough job who were being unfairly nickled-and-dimed over mere technicalities." Story Continues Below
In the name of justice, the law appears to have been subverted to elevate the criminal to the status of innocent victim, by providing immunity for his crime of illegally crossing the border and drug smuggling and additionally providing the criminal a standing in court as an honest citizen whose civil rights have been violated (when he is entitled to none) is beyond belief. To compound the subversion, District Attorney Sutton opened the door for the criminal Aldrete-Davila to sue the two Border Patrol agents for 5 million dollars. Sutton will no doubt testify on behalf of the victim (criminal) against the Border Patrol agents. Compean and Ramos each have a wife and three children who would possibly have their homes stripped from them, as well. Of particular note is the fact that Ramos has been sent to a prison 1,500 miles from home, thereby denying the possibility of visits from his family. In light of the foregoing, it would appear that the prosecutor of the Border Patrol agents has been more interested in persecution than justice. What's going on here? We are at war. The nation, today, is being invaded. Hordes of aliens are overrunning what little protection the United States has on its border with Mexico. A great number of the invaders are criminals, many bringing a variety of narcotics into America. A large number of others, arriving with just the shirts on their backs, resort to crime almost immediately in an effort to support themselves as they search for areas where employment may be available. Illegal aliens are creating a crime wave in America. The employment of thousands of Border Patrol agents has done nothing more than slow the invasion at certain points. The Border Patrol "catch and release" program is not the answer. This is not a fishing tournament. This is a problem which threatens the lives and safety of the American public and undermines the very sovereignty of the nation. The National Guard is proving to be useless. Just sitting and watching heavily armed invaders in full combat array cross the border before their very eyes, then retreating, is no deterrent to hardened criminals. Yes, hardened criminals. That's what these heavily armed invaders became when they crossed the U.S. border. This brazen act elevates the issue to one of warfare. Has anyone considered the fact that the armed invaders may have been occupying the attention of the National Guardsmen while another border crossing may have been taking place just a few miles away, perhaps with terrorists or illegals with massive amounts of narcotics? The criminalization of law enforcement agents on the sworn testimony of known criminals protesting their victimization and the trampling of their "civil rights" is an outrage. It shouldn't be happening in America. Ralph Hostetter, a prominent businessman and agricultural publisher, also is a national and local award-winning columnist. He welcomes e-mail comments at eralphhostetter@yahoo.com. Editor's note: Read more on this subject in related Hot Topics:
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