More Border Insanity

Sometimes I wonder if the US is like Rome in 200 AD. The US agents called the smuggler? They gave him immunity? They give an illegal drug smuggler constitutional rights? Agents have to get permission to drive faster than the speed limit? This is insanity! Are people on the take? Are laws designed purposely to thwart law enforcement?

When Border Patrol Agent Ignacio Ramos pulled the trigger last February, all he knew was that his partner was lying on the ground behind him – bloodied from a struggle with a fleeing suspect – shots had been fired and now, it appeared, the drug smuggler he was pursuing had turned toward him with what looked to be a gun in his hand....

On February 17, he responded to a request for back up from agent Jose Alonso Compean, 28, who noticed a suspicious van near the levee road along the Rio Grande River near the Texas town of Fabens, about 40 miles east of El Paso.
Osbaldo Aldrete-Davila does not have constitutional rights. He's not a citizen, not in country legally, and is a drug smuggler....

Behind the wheel of the van was an illegal alien, Osbaldo Aldrete-Davila of Mexico. Unknown to the growing number of Border Patrol agents converging on Fabens, Aldrete-Davila's van was carrying 800 pounds of marijuana.

Unable to outrun Ramos and the third agent, Aldrete-Davila stopped the van on the levee, jumped out and started running toward the river. When he reached the other side of the levee, he was met by Compean who had anticipated the smuggler's attempt to get back to Mexico.

"We both yelled out for him to stop, but he wouldn't stop, and he just kept running," Ramos said. Aldrete-Davila crossed a canal.

"At some point during the time where I'm crossing the canal, I hear shots being fired," Ramos said. "Later, I see Compean on the ground, but I keep running after the smuggler."

At that point, Ramos said, Aldrete-Davila turned toward him, pointing what looked like a gun.

"I shot," Ramos said. "But I didn't think he was hit, because he kept running into the brush and then disappeared into it. Later, we all watched as he jumped into a van waiting for him. He seemed fine. It didn't look like he had been hit at all." ...

Over two weeks after the incident, Christopher Sanchez, an investigator with the Department of Homeland Security's Office of Inspector General, received a call from a Border Patrol agent in Wilcox, Ariz. The agent's mother-in-law had received a call from Aldrete-Davila's mother in Mexico telling her that her son had been wounded in the buttocks in the shooting.

Sanchez followed up with a call of his own to the smuggler in Mexico.

In a move that still confuses Ramos and Compean, the U.S. government filed charges against them after giving full immunity to Aldrete-Davila and paying for his medical treatment at an El Paso hospital.

At trial, Assistant U.S. Attorney Debra Kanof told the court that the agents had violated an unarmed Aldrete-Davila's civil rights.

"The U.S. Supreme Court has ruled it is a violation of someone's Fourth Amendment rights to shoot them in the back while fleeing if you don't know who they are and/or if you don't know they have a weapon," said Kanof.

Kanof dismissed Ramos' testimony that he had seen something shiny in the smuggler's hand, saying that the agent couldn't be sure it was a gun he had seen.

Further, Kanof argued, it was a violation of Border Patrol policy for agents to pursue fleeing suspects.

"Agents are not allowed to pursue. In order to exceed the speed limit, you have to get supervisor approval, and they did not," she said...

The El Paso Sheriff's Department has increased its patrols around the Ramos home. The family is receiving threats from people they believe are associated with Aldrete-Davila. WND