Ignacio Ramos
Encyclopedia
Ignacio Ramos is a former United States Border Patrol
United States Border Patrol
The United States Border Patrol is a federal law enforcement agency within U.S. Customs and Border Protection , a component of the Department of Homeland Security . It is an agency in the Department of Homeland Security that enforces laws and regulations for the admission of foreign-born persons to...

 Agent, who shot an allegedly unarmed illegal alien
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...

 and drug smuggler on the United States–Mexico border
United States–Mexico border
The United States–Mexico border is the international border between the United States and Mexico. It runs from Imperial Beach, California, and Tijuana, Baja California, in the west to Matamoros, Tamaulipas, and Brownsville, Texas, in the east, and traverses a variety of terrains, ranging from major...

. He was convicted of causing serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence, and a civil rights violation. On January 19, 2009, his sentence was commuted by President Bush and he was released on February 17, 2009.

Border incident and prosecution

Ramos was found guilty by a jury and sentenced to 11 years and one day in prison for shooting a then unknown Mexican National in the buttocks, Osvaldo Aldrete Dávila, who was caught with over 800 lbs. of drugs, following his non-compliance near the Fabens settlement of unincorporated El Paso County, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

, while Dávila ran away at about 1 PM on February 17, 2006. Fellow agent Jose Compean
Jose Compean
José Alonso Compeán is a former United States Border Patrol Agent, convicted of shooting a non-compliant, illegal alien drug smuggler on the United States–Mexico border near El Paso, Texas, on February 17, 2005 and "obstructing justice by willfully defacing the crime scene"...

 was sentenced to 12 years. According to U.S. attorney Johnny Sutton
Johnny Sutton
Johnny Sutton is an attorney who served as United States Attorney for the Western District of Texas from 2001 until 2009, and chaired the Attorney General's Advisory Committee of United States Attorneys. Sutton is known for the prosecution of United States Border Patrol agents Jose Compean and...

, after the shooting the officers disposed of their shell casings, made no further attempt to apprehend the suspect, lied to their supervisors, and filed a false investigative report. Aldrete Dávila had been found with nearly 800 pounds of marijuana in the back of his van
Van
A van is a kind of vehicle used for transporting goods or groups of people.In British English usage, it can be either specially designed or based on a saloon or sedan car, the latter type often including derivatives with open backs...

. Following the incident, Aldrete Dávila was granted a temporary conditional visitor's visa in exchange for giving his testimony against Ramos and Compean. Ramos and his partner were incarcerated January 17, 2007.

Homeland Security and Justice Department involvement

Congressmen Ted Poe
Ted Poe
Lloyd "Ted" Poe is a Republican politician currently representing Texas's 2nd congressional district in the United States House of Representatives. The district includes most of northern Houston, as well as most of the Beaumont-Port Arthur metropolitan area. He is the first Republican to ever...

 and John Culberson
John Culberson
John Abney Culberson is the U.S. Representative for , serving since 2001. He is a member of the Republican Party and the Tea Party caucus...

 indicated that the Department of Homeland Security lied to them about the case when it indicated that it had evidence that the agents "plotted and conspired that day to go out and shoot" Mexicans. Richard Skinner, Inspector General of DHS, apologized to the congressmen for misleading them.

According to writer Jerome Corsi
Jerome Corsi
Jerome Robert Corsi is an American author, political commentator and conspiracy theorist best known for his two New York Times bestselling books: The Obama Nation and Unfit for Command...

, the prosecution was initiated at the behest of the Mexican government. Some commentators have questioned Corsi's conclusions.

Reactions

Aldrete Dávila has filed a $5 million lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

 against the U.S. government, claiming that his civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 were violated.

A petition for the pardon of the border agents received nearly 240,000 signatures. On January 18, 2007, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

 agreed to review the case, and Representative Duncan Hunter
Duncan Hunter
Duncan Lee Hunter is an American politician. He was a Republican member of the House of Representatives from California's 52nd, 45th and 42nd districts from 1981 to 2009....

 introduced a bill, titled the Ramos and Compean Act, that would pardon the two agents, though the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

 does not grant Congress the authority to issue pardons.

On 6 February 2007 Representative Tom Tancredo
Tom Tancredo
Thomas Gerard "Tom" Tancredo is an American politician from Colorado, who represented the state's sixth congressional district in the United States House of Representatives from 1999 to 2009, as a Republican...

 and Ramos' relatives reported to the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...

 that Ramos had been beaten by fellow inmates in prison. His wife Mrs. Monica Ramos told the AP that he had "let his guard down" and been stomped and kicked for several minutes.

On April 23, 2007 the border patrol union released a no-confidence resolution against Chief David V. Aguilar for his failure to back up Ramos during the case. The union had also made a rebuttal responding to United States Attorney Sutton's reasons why convicting the agents was justified.

The Senate Judiciary Committee examined the prosecution in July 2007 after which Senator Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....

 asked President Bush to commute the sentences.

Legal appeal

On September 25, 2007 a legal appeal concerning the conviction of Ramos and Compean was filed with the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...

 in New Orleans. In December 2007, the case was heard before the Fifth Circuit Court of Appeals in New Orleans. Judge E. Grady Jolly stated, “It does seem to me that the government overreacted here,... If the agents had reported the shooting as required, "this prosecution never would have occurred, in all likelihood." U.S. officials also admitted that confessed drug dealer Osvaldo Aldrete-Davila lied under oath. For over the next 6-months nothing more was reported. Then, on July 28, 2008, the Fifth Circuit Court of Appeals rejected the appeals of both Ramos and Compean.

Commutation

On 19 January 2009, President Bush commuted the sentences of both Ramos and Compean, effectively ending their prison term on March 20, 2009. The commutation was condemned by Mexico's Deputy Secretary for Foreign Relations Carlos Rico.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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