DON’T Free the border patrol agents…
WASHINGTON (CNN) — There was an unusual spectacle in the nation’s capital Tuesday, downright rare, in fact: U.S. Senators seeking truth, and justice, and taking action. And they deserve great credit and thanks.Lou Dobbs says two convicted border patrol agents should be released from prison immediately.
The Senate Judiciary Committee hearing, led by Dianne Feinstein, focused on the reasons for the prosecution of two Border Patrol agents now serving long sentences in federal prison. Border Patrol Agents Ignacio Ramos and Jose Compean were given terms of 11 and 12 years respectively on their convictions for shooting an illegal alien drug smuggler. Entire Story
While I am generally disheartened by stories of law enforcement officers getting the short end of the stick from the judiciary, I believe that in some cases, justice must be served.
While it is true that law enforcement officers in general have a tough job to do, it is also true that they are held to a high standard of ethics and morals. To not hold these people to a high standard, would be to disregard the Constitution, and would be another step towards the complete and total moral bankruptcy of our society.
When I first read this commentary I was indeed upset. It sounds like a couple of Border Patrol Agents, just trying to do their job, got caught up in someone’s political agenda. Further investigation, however, revealed that this was not the case. The congressional testimony given by Johnny Sutton indicates otherwise.
There are a few things here that raise big red flags with me. Thing number one: They didn’t report the use of force, as is required by Border Patrol policies and procedures. Thing number two: They took great care to ensure that the empty brass from the shooting was disposed of.
These two factors indicate to me that these men cannot be trusted. This further indicates to me that they are probably lying about the subject being armed.
According to the laws in this country, you cannot shoot a fleeing felon in the back. This violates his rights against unlawful search and seizure, and violates his right to due process of the law.
There are those who state that these men are “soldiers”, deployed to a “war zone”, where the “war on drugs” is fought. Those things, for lack of a better term, are bullshit. They are not soldiers. They are LAW ENFORCEMENT AGENTS. Their job, generally, is to enforce the laws of the United States of America. In doing so, they must also RESPECT said laws. The “war against drugs” is not a war. It is a massive societal problem, but not an actual war. The “combatants” in this alleged “war” are not bound by the Uniform Code of Military Justice, or by the Laws of War, the Geneva Convention, nor even the Articles of the Code of Conduct. They are bound by the Constitution of the United States of America and by the laws of this country.
In an actual war, you can shoot the enemy in the back as they flee. This is called the exploitation phase of offensive combat. But, as I have previously stated, the “war on drugs” is not a war. It is a bullshit term coined by a politician.
These agents lied about the events of that day. These agents destroyed evidence. These agents INTENTIONALLY disturbed a crime scene. These agents EFFECTIVELY destroyed any possible criminal case against the drug smuggler.
The US Attorney for the Western District of Texas did not go on a witch hunt and find these men. The evidence was set before him, and he did his job by prosecuting these men.
There is some conjecture as to whether it is appropriate for their sentences being enhanced by the fact that they used guns in a violent crime. I am rather neutral on this point. If they had been arrested and charged by the justice system of the State of Texas, under the laws of this great state, they would have been tried for aggravated assault, an offense which carries a punishment of five to 99 years, or life, and a fine of up to $10,000.00. (Note that aggravated assault is a second degree felony, unless committed by a public servant acting under the color of his office, in which case it is a felony of the first degree.) They further could have been convicted for destroying evidence, aggravated perjury, et cetera.
In my opinion, these guys got a pretty sweet deal. They should sit in jail and do their 11 to 12 years, and be pretty damned happy about it.
As far as the US Attorney for the Western District of Texas? Well, I can find no evidence that he is on a witch hunt. I can find no evidence that he has negatively affected the Border Patrol organization. The message he sent was not, “Don’t use your weapons to defend lives,” but, “Don’t destroy evidence and violate procedure, and RESPECT THE LAWS you are SWORN to uphold!”
If that is a problem for Border Patrol, perhaps the problems within that agency run much deeper than it appears.
To the prospective Border Patrol recruit that said that, “Your outfit eats their own,” do your homework before you try to condemn an organization.
