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This is America! Where convicted felons, liars and cowards both are hailed as heroes by those who disguise their xenophobia and bigotry by referring to themselves as “Patriots”!
Former Border Patrol Agents and convicted felons Ignacio Ramos and Jose Compean are being honored at a Fourth of July BBQ and parade in Southern California, at Camp Vigilence, owned by the radical extremist group Minuteman Civil Defense Corps.
Security is being provided by the armed extremist group “Border Patrol Auxiliary”!
The events have the endorsement of amongst others, Barbara “Mexican’s are savages” Coe, founder of the hate group CA Coalition for Immigration Reform, who is also an organizer.
Coe, Jeff “Bikini Boy” Schwilk of SDMM and William “Weird Willy” Gheen of ALIPAC, recently shared the stage together at a “Spread the Hate” tour in California earlier this year.
Ramos and Compean were recently given one time permission to attend these events separately by the Federal Parole Office in El Paso.
We’re waiting for a call back from an official at that office who had no idea of the militant nature of these organizations.
We’ve heard this cast of characters recently in relation to the home invasion murder of 9 year old Brisenia Flores and her father Raul, by Shawna Forde, Executive Director of Minutemen American Defense, a border vigilante group with close ties to MCDC, the Minuteman Project and other extremist groups.
So this 4th of July, instead of celebrating the birth of our nation, certain factions will be honoring two convicted criminals, cowards, accused of shooting an unknown, unarmed man in the back, and then lying and covering up the crime!
Now that the 5th Circuit Court of Appeals has upheld the convictions (with a small adjustment) of Ramos And Compean and the Supreme Court has refused to hear the case, perhaps people will begin to see these two for what they are.
They’re not criminals in the sense that we see criminals, but they did knowingly break the law and with the commutation, received appropriate sentences, but they remain two convicted felons, rightfully so. Their stupidity lead to their being charged and convicted. And probably without any willful criminal intent in the beginning. But they are not “Brave Patriotic Americans”. Simply two dumbasses that made the wrong choice.
This effectively puts to rest any hopes these two have of having their felony convictions overturned.
Is this a vindication of the much-maligned Johnny Sutton (and the trial judge, and the Fifth Circuit justices, all of whom some have suggested were involved, along with the Bush Administration, in some Oliver Stone-like conspiracy) or an indication that SCOTUS is satisfied the men are now free?
Or to put it another way. Who is better able to decide the legalities of this case? The 5th Circuit and the Justices of the Supreme Court, or people like Lou Dobbs, Tom Tancredo, Glenn Beck, Joe Loya and all the others who spun this case into something that resembled nothing like what occurred and is part of the official record.
Legally speaking, of course, it upholds the government’s case. And I’ll put my money on the Justices.
Former U.S. border patrol agents and now convicted felons Ignacio Ramos and Jose Compean were released from prison Tuesday, but will remain in a community confinement program until March 20, U.S. Bureau of Prison officials said.
The two agents had been in prison since 2007. President George W. Bush commuted their sentences before he left office.
Traci Billingsley, bureau of prisons spokeswoman, said Tuesday that the two men are out of prison and under the “supervision of the community corrections office for a period of community confinement.”
Community confinement means the sentenced person has to spend the last phrase of their sentence either in a halfway house or in home confinement.
Dallas criminal defense lawyer Ed Mason, who represented Compean in his appeal, said Tuesday morning that he had not yet talked to Compean but was awaiting his phone call.
“I think he might be on his way to El Paso,” Mason said in a telephone interview. “We haven’t been able to talk to him yet.”
Billingsley said she could not release where the two agents would spend the last month of their sentence, but it is possible they could spend it at home.
Compean had been in the Elkton Federal Prison in Elkton, Ohio. Ramos was at the Phoenix Federal Prison.
The two former agents were convicted of shooting a drug smuggler and then trying to cover it up. Compean was sentenced to 12 years and Ramos to 11 years in prison. Both agents were found guilty of civil-rights violations and discharging a irearm during the act of a crime, an offense that includes a mandatory 10-year sentence.
Not “American Heroes” or “Patriots” but two felons back on the streets of America. At least with these two, we won’t have to worry about a recurrence of their crimes.
In a move not unexpected, President Bush today commuted the sentences of Ignacio Ramos and Jose Compean. Their sentences will now expire on March 20 of this year
Bush has been cautious in his use of pardon powers, and particularly careful when it comes to commutations of prison terms. A pardon is an official forgiveness of a crime (typically requested at least five years after the completion of a prison term); a commutation is a reduction of sentence.
Already though, supporters are fighting one another to take credit for the commutation. The credit though goes to George Bush and nobody else.
Bush acted on principle and used good judgment in granting these commutations without falling victim to the threats, demands and character assassination used by supporters of Ramos and Compean.
But while their supporters are celebrating, some gloating, let’s not forget one thing.
The commutation does not erase the record. Upon release, Ramos and Compean will still be under the direct supervision of the Federal Parole office for three years. Both are still obligated to pay the court ordered fines of $2500.00 each and costs of $600 and $800 respectively.
Like all convicted felons, they have forfeited their right to vote, run for most public offices or possess or be around firearms.
Some though on the other side of the issue are not satisfied with President Bush’s action today.
Nativist Willy Gheen of ALIPAC who is phreaking out over how he is going to continue to extort donations from his flock of faithfuls to pay his $7000 dollar a month salary to spread the hatred, has this posted on his site.
Bush’s decision to commute the sentences of Ignacio Ramos and Jose Compean, who tried to cover up the shooting (FALSE STATEMENT BY THE ASSOCIATED PRESS), was welcomed by both…………………………………
and
that they had already suffered the loss of their jobs, freedom and reputations, a senior administration official said (The Reputations of Ramos and Compean are those of national heroes!).
The action by the president, who believes the border agents received fair trials and that the verdicts were just (FALSE: These men were railroaded!), does not diminish the seriousness of their crimes, the official said.
Sorry Willy, their reputations or those of common felons who lied about their actions. They weren’t railroaded but instead received a fair and just trial.
These agents shot someone whom they knew to be unarmed and running away,” said the prosecutor, United States Attorney Johnny Sutton. “They destroyed evidence, covered up a crime scene and then filed false reports about what happened. It is shocking that there are people who believe it is O.K. for agents to shoot an unarmed suspect who is running away.”
This is why they were prosecuted.
So this is the end of this circus finally. No Pardon, they don’t deserve one. Not two heroes but two felons who benefited from the largesse of and outgoing President.
Perhaps now, in the remaining two months, the US Bureau of Prisons will release these two convicts into the general population. After all, haven’t their supporters all along been whining about them being kept in solitary?
As you know, I’ve followed the case of Jose Compean and Ignacio Ramos from the gitgo and my opinion, as I have stated here many times has not changed.
As my email has been flooded with links to people DEMANDING pardons for these two, and my disgust at the stupidity of these people rises, I sat here contemplating how to put in my dos centavos.
But someone else has taken the words from my mind and put them on the web. I’m going to use his words en todo, because I could not have said it better.
As the Bush era comes to a close, the list of last minute pardon requests are growing. Perhaps the loudest demand for pardon comes (mostly) from Conservatives who are angry that President Bush has not acted to pardon two Border Patrol Agents Ignacio Ramos and Jose Alonso Compean. Those who demand the pardon claim that the agents were railroaded by an “overzealous” U.S. Attorney for “just doing their jobs” when the agents fired 15 shots, one of which hit a fleeing “drug smuggling illegal immigrant” Aldrete-Davila in the buttocks. If you Google “Ramos and Compean” you will find an endless number of articles which make some variation of this argument.
If this were a case of two Border Patrol Agents “just doing their jobs” acting in self defense, then I too would be demanding a pardon for these men. Inconvenient facts which are left out of almost all of these articles point to exactly why Ramos and Compean should NOT be pardoned. A January 29, 2007 article written by Andrew McCarthy for The National Review (not what I would consider a left-leaning or open borders type publication) offers a compelling counterpoint challenging the heroic and mythical image being bandied about of the two Border Patrol Agents:
The preponderance of the evidence established that Aldrete-Davila was unarmed. Besides Compean and Ramos, there were several other agents on the scene. None of them believed Aldrete-Davila posed a threat to their safety; none, other than the two defendants drew their weapons; and Compean and Ramos neither took cover nor alerted their fellow agents to do so.
More to the point, Compean admitted to investigators early on that the smuggler had raised his hands, palms open, in an attempt to surrender. This jibed not only with Aldrete-Davila’s account but with that of another Border Patrol agent. Compean opted not to take surrender, not to place the smuggler under arrest so he could be prosecuted.
On that score, for those over-heatedly analogizing the border to a battlefield, it is worth noting that even under the law of war, quarter must be given when it is sought. Compean, to the contrary, tried to strike Aldrete-Davila with the butt of his shotgun. But it turns out the agent was as hapless as he was malevolent. In the assault, he succeeded only in losing his own balance. The smuggler, naturally, took off again, whereupon Compean unleashed an incompetent fuselage — missing Aldrete-Davila with all fourteen shots.
It was only after the surrender attempt that Ramos opened fire as the unarmed smuggler neared the border. Defending his decision to bring the case, U.S. attorney Sutton later explained: “Border Patrol training allows for the use of deadly force when an agent reasonably fears imminent bodily injury or death. An agent is not permitted to shoot an unarmed suspect who is running away.” The fact that Aldrete-Davila was a drug-dealer — something the agents may have suspected but had not yet confirmed at the time they were shooting at him — did not justify the responsive use of potentially deadly force under standard law-enforcement rules of engagement.
Even Ramos and Compean’s supporters acknowledge that the agents shot at a fleeing suspect rather than a suspect trying to cause injury or death. Do they really want to make every law enforcement officer in the country judge, jury, and executioner and grant the right to use lethal force against a fleeing supect*? After all, forcing law enforcement to obey the law makes their jobs “more difficult”!
McCarthy continues to perhaps the most damning part of Ramos and Compean’s actions – the cover-up:
Once Aldrete-Davila was down from Ramos’s shot to the backside, they decided, for a second time, not to grab him so he could face justice for his crimes. As they well knew, an arrest at that point — after 15 shots at a fleeing, unarmed man who had tried to surrender — would have shone a spotlight on their performance. So instead, they exacerbated the already shameful display.
Instead of arresting the wounded smuggler, they put their guns away and left him behind. But not before trying to conceal the improper discharge of their firearms. Compean picked up and hid his shell-casings rather than leaving the scene intact for investigators. Both agents filed false reports, failing to record the firing of their weapons though they were well aware of regulations requiring that they do so. Because the “heroes” put covering their tracks ahead of doing their duty, Aldrete-Davila was eventually able to limp off to a waiting car and escape into Mexico.
Whaaaat? But I thought this “drug smuggling illegal immigrant” was a threat to national security? If the agents’ actions were justified, why would they not arrest the suspect and why would they feel the need to cover-up their actions? Were they afraid that the “overzealous” Sutton had an axe to grind against the Border Patrol?
Toward the beginning of his article, McCarthy points out that Sutton had an impressive record of prosecuting coyotes and drug smugglers and supporting the efforts of the Border Patrol. There have even been other cases on Sutton’s watch where agents used lethal force which resulted in fatalities. Because these agents responded appropriately in these cases – using deadly force when there were legitimate threats to the lives of others on the part of the suspects, Sutton’s office did not pursue charges.
On January 17, 2007, Sutton published a press release on official U.S. Department of Justice Letterhead in an attempt to separate “Myth vs. Reality” regarding this case. Within this document contains perhaps the best argument for why the president should not pardon these men:
These agents were found guilty by a unanimous jury in a United States District Court after a trial that lasted more than two and a half weeks.
The two agents were represented by experienced and aggressive trial attorneys, both of whom vigorously challenged the Government’s evidence through cross examination.
Both agents told their stories from the witness stand and had full opportunities to explain their version of events and to offer their own evidence. The jury heard everything including the defendants’ claims of self defense. The problem for Agents Compean and Ramos is that the jury did not believe their stories because they were not true.
Being government agents, Ramos and Compean probably received a better legal defense than the average criminal defendant. They had their day in court and they lost. Their legal team appealed the convictions and they lost again. This is hardly the miscarriage of justice that the pro pardon people would have us believe; this is an example of the system actually working the way it’s supposed to!
Ramos and Compean’s supporters do have at least a couple of somewhat legitimate gripes though. One being the length of the sentences (11 and 12 years) and the other being use of testimony on the part of a criminal who has something to gain (in this case, Aldrete-Davila himself). But these complaints should not be directed at Sutton or the trial judge.
The blame for the length of the sentence belongs properly to the mandatory minimum sentencing law passed by congress which requires a ten year sentence for unlawful discharge of a firearm while committing a crime (this ten year sentence is in addition to whatever other crimes the defendant is convicted of). While I believe that the sentences are appropriate in this case, I am opposed to mandatory minimum sentencing laws on principle. Judges should have the discretion to decide the appropriate punishment not a one-size-fits-all penalty regardless of any unique circumstances in a unique event.
And allowing Aldrete-Dalvia to testify against Ramos and Compean with full immunity? This is standard operating procedure. Prosecutors use informants who have a motive to testify against defendants every day in this country. Why should we be surprised that Sutton would use Aldrete-Dalvia as his star witness? If this approach is appropriate for the average defendant then it is certainly appropriate when those sworn to serve and protect abuse the public’s trust.
But don’t expect Conservatives to start demanding a repeal of mandatory minimum sentencing laws nor expect them to consider criminal justice reform. To them this case is not about two rogue law enforcement agents but about immigration and drug policy. The facts do not matter because the guys with the badges are always the good guys and their judgment is better than due process of law.
Certainly there are many miscarriages of justice which could be rectified with a presidential pardon but the case of Ramos and Compean is not such a case…no matter where one stands on immigration and drug policy. Hopefully neither President Bush nor President-Elect Barack Obama will give in to the mindless demands of this misguided and vocal mob.
* Think about it: if you surrendered to law enforcement and one of the officers try to hit you with the butt of a shotgun, do you think you might try to run away?
In the final days of his term, should President Bush pardon or commute the sentences of Ramos & Compean
No (68%)
It doesn’t concern me in the least (17%)
Yes (15%)
Total Votes: 2,369
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What Steven doesn’t also mention is the opportunity these two had to plead to an 18 month sentence, which they refused to accept. The thinking was that they would be exonerated. They rolled the dice and lost.
One reason, in my opinion, why these two have been ignored by President Bush is how this has been played in the media. Everyone DEMANDING, he pardon these two criminals. Accusing President Bush and his father of everything from being in bed with the cartels to being the puppets of Mexico. This is a lesson in how not to get the attention for your agenda.
Convicted Felons and former Border Patrol agents Ignacio Ramos and Jose Compean lost another appeal Thursday.
The U.S. 5th Circuit Court of Appeals in New Orleans refused to reconsider the ruling a three-judge panel had issued in late July that affirmed most of the charges against Ignacio Ramos and Jose Alonso Compean.
The men shot Osvaldo Aldrete Davila of Mexico, hitting the unarmed smuggler in the buttocks after he abandoned a load of marijuana and ran across the border into Mexico.
The agents said they fired because they thought he had a gun in his hand, but were sent to prison for more than a decade after a jury determined there was a cover-up. Aldrete Davila was given immunity for transporting that load, but was sentenced last month to 114 months in prison over a separate drug load.
Opponents of unauthorized immigration have gotten behind the agents, but U.S. Attorney Johnny Sutton, who supervised the prosecution, said in a prepared statement, “Today’s ruling validates what this office has said all along — this prosecution was about the rule of law, plain and simple.”
It also validates the position of this website, a position we have maintained all along.
Next stop, the US Supreme Court which I imagine will refuse without comment, to take a look at this case. Justice was served and it wasn’t served in the Court of Public Opinion as the family of Ignacio Ramos tried to make happen.
(But hey! It put a quarter of a million dollars in their pockets)
Ramos and Compean – “It's the end of the road for them, They had their day in court. They had their due process of law, the same due process that they tried to deprive a person who they shot in the back.”
The article confirms what I have said all along here about the involvement of Ignacio Ramos’ father in law in successfully having this case tried in the court of public opinion which did nothing to help the cause of justice and quit possibly pissed the Federal Court off enough where the jurors and the Court had little sympathy for these two criminals.
Osvalso Aldrete-Davilla sentenced to 9 1/2 years in federal prison
EL PASO – Osvaldo Aldrete Davila was sentenced to 9 1/2 years Wednesday for smuggling more than 100 kilos of marijuana in 2005.
U.S. District Judge Kathleen Cardone sentenced Aldrete-Davila of Ciudad Juarez as a result of his guilty plea in the 2005 incident
Jusdge Cardone ironically, was the Judge who presided at the trial of Ignacio Ramos and Jose Compean in 2006.
Ramos and Compeans 11 and 12 year sentence was upheld last week by the US 5th Circuit Court of Appeals which vacated part of the sentence but affirmed the major charges against the two.
OF course the right wing looney toons are whining about the sentence being shorter than that of Ramos and Compean, but they were convicted of using a firearm in the commission of a crime of violence. Aldrete-Davila did not possess nor use a firearm, thus the disparity in the sentences.
Finally, Justice is served for all parties concerned.
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