Jose Compean
Encyclopedia
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, convicted of shooting a non-compliant, 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...
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...
near El Paso, Texas
El Paso, Texas
El Paso, is a city in and the county seat of El Paso County, Texas, United States, and lies in far West Texas. In the 2010 census, the city had a population of 649,121. It is the sixth largest city in Texas and the 19th largest city in the United States...
, on February 17, 2005 and "obstructing justice by willfully defacing the crime scene". On 19 January 2009, President Bush commuted the sentences of both Ramos and Compean, effectively ending their prison term on March 20, 2009, and they were released on February 17, 2009.
Events
Compeán was patrolling a section of border with Ramos when they spotted a man crossing the border. They stopped him in a van containing 743 pounds of marijuana, but he ran. Compeán said he thought the suspect had a gun and was going to shoot him so he fired at him first. His shot missed but his partner, hearing gunfire, fired in order to defend Compeán and hit the suspect in the buttocksButtocks
The buttocks are two rounded portions of the anatomy, located on the posterior of the pelvic region of apes and humans, and many other bipeds or quadrupeds, and comprise a layer of fat superimposed on the gluteus maximus and gluteus medius muscles. Physiologically, the buttocks enable weight to...
. They lost sight of the man, but said they saw him on the Mexican side of the border. They did not believe he had been injured so they did not report the incident.
Trial and aftermath
The two officers were arrested after the drug smuggler, Osvaldo Aldrete Dávila, filed a complaint against them. After a two-week jury trialJury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
, Compeán was found guilty
Guilty
Guilty commonly refers to the feeling of guilt, an experience that occurs when a person believes that they have violated a moral standard.Guilty or The Guilty may also refer to:-Law:*Guilty plea, a formal admission of legal culpability...
on 11 counts, including discharging a firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
during the commission of a violent crime
Violent crime
A violent crime or crime of violence is a crime in which the offender uses or threatens to use violent force upon the victim. This entails both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. Violent...
, which by itself carries a federally mandated 10-year minimum sentence. Without that charge, both agents involved would have received far shorter sentences. Instead, Compeán was sentenced to 12 years in prison, and his partner, Ignacio Ramos, was sentenced to 11 years in prison. Aldrete Dávila was granted immunity to testify against the two agents and received six border crossing visas to come to the United States and testify.
The arrest, trial, conviction and imprisonment of Compeán and Ramos has created a firestorm of controversy from those opposing illegal immigration. Efforts have been launched in the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
calling on 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....
to pardon the two men. On 2007-12-06 a resolution was introduced in the Congress seeking to commute their sentences.
On November 15, 2007, Aldrete Dávila, the man shot by Ramos, was arrested at a border crossing in El Paso
El Paso
El Paso, a city in the U.S. state of Texas, on the border with Mexico.El Paso may also refer to:-Geography:Colombia:* El Paso, CesarSpain:*El Paso, Santa Cruz de TenerifeUnited States:...
, 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...
. A sealed indictment had been issued for his arrest on a variety of drug smuggling charges. According to the indictment, his alleged crimes occurred after he testified for the United States against the agents. If convicted he faces up to 40 years in prison.
Appeals
The two men have appealed their case to the 5th U.S. Circuit Court of Appeals in New Orleans. On 28 July 2008 the Fifth Circuit court of appeals rejected the appeals of both Ramos and Compean.Attorneys for Compeán and Ramos argue, among other factors, that Aldrete Dávila was improperly allowed to assert his rights against self-incrimination in the trial.
They charge that in the written immunity deal with prosecutors, he was given immunity against any charges thus removing the possibility of self-incrimination during Compeán's trial.
During oral arguments before the three-judge appeals panel, Judge E. Grady Jolly remarked that "For some reason, this one got out of hand it seems to me ... It does seem to me like the government overreacted here." The panel has not indicated when it might rule, although the ruling must come within 60 days.
Following the hearing, United States 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...
released a statement defending his actions in prosecuting Compeán and Ramos. "Some in the media and on the Internet have tried to portray Agents Compean and Ramos as heroes but that narrative is false. The actions of Compean and Ramos in shooting an unarmed, fleeing suspect, destroying evidence, and engaging in a cover-up, are serious crimes."
Disposition (Sentence Commuted)
On January 19, 2009, President Bush commuted the sentences of Jose Compean and Ignacio Ramos. http://www.startribune.com/politics/national/president/37826749.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUZLegal transcripts
- Transcript of the Sentencing: United States vs Ignacio Ramos and Jose Compeán (PDF file)
- Transcript of the Verdict: US vs Ignacio Ramos and Jose Compeán (PDF file)