OK OK I am tired of hearing about the "illegal", "improper", or otherwise wrongly convicted Border Patrol Agents that were convicted by a jury in a court of law of having violated several laws. I am tired of people that seem to confuse the issue of Border Security and the actions of two Border Patrol Agents. This conviction in no way affects the other Border Patrol Agents.
I have heard several people who are advocating the release or pardon or freeing of these agents say that this conviction has the effect of hindering our Border Patrol Agents who are trying to do their jobs. Bullchips! I am a 26+ year veteran police officer, I have been involved in shooting someone. I teach full time at the police academy and have an extensive background in training of law enforcement officers and the issues that affect them, to include officer survival.
Just because another officer is convicted of wrongful conduct does not affect me one way or the other in the least. Especially if they were convicted by a jury of this wrong doing. If I conduct myself as I should I have no worries. Last time I checked that’s how our system works. You see I know many don't want to hear this but I have the right to say this since I am one, COPS (read Border Patrol Agents) MAKE MISTAKES AND SOME ARE PROBABLY BREAKING THE LAW OR RULES! The difference is we have to pay for our mistakes at a slightly higher level than most people. As it should be. We are held to a slightly higher standard than others, as it should be. When you give someone the authority to take a human life at a moments notice, which is a responsibility that should not be taken lightly. And any violation of that authority should be pursued with the strictest penalties, to the fullest extent of the law. Do you realize cops are the only ones (besides soldiers) that can take another humans life without any type of outside discussion? We don't have to consult anyone, just make a decision that will cost another human their life. That can not, and should not be taken lightly. And when we make a mistake, either on purpose, or accidentally, or through negligence we pay for it.
Here is what I see from the Prosecution Side:
According to the U.S. attorney who successfully prosecuted the agents, the man they were chasing didn't actually have a gun, shooting him in the back violated his civil rights, the agents didn't know for a fact that he was a drug smuggler, and they broke Border Patrol rules about discharging their weapons and preserving a crime scene.
Even more broadly, Assistant U.S. Attorney Debra Kanof said, Ramos and Compean had no business chasing someone in the first place.
"It is a violation of Border Patrol regulations to go after someone who is fleeing," she said. "The Border Patrol pursuit policy prohibits the pursuit of someone."
Her arguments, along with testimony from other agents on the scene and that of the smuggler himself, swayed a jury. It was a crushing blow to Compean and Ramos, both of whom had pursued suspects along the border as a regular part of their job.
It also appears to fly in the face of the Border Patrol's own edicts, which include "detouring illegal entries through improved enforcement" and "apprehending and detouring smugglers of humans, drugs and other contraband."
http://www.dailybulletin.com/news/ci_4141562
A Texas jury convicted the pair of assault with serious bodily injury; assault with a deadly weapon; discharge of a firearm in relation to a crime of violence; and a civil rights violation. Compean and Ramos also were convicted of four counts and two counts, respectively, of obstruction of justice for not reporting that their weapons had been fired.
While this may not seem like much to some, these are very serious charges. And if they did not do these things, they have the right to appeal, another part of our system.
When I was involved in a shooting of a drug dealer that had just made a deal for cocaine, and then fired two shots at a fellow officer at les than 2 feet (and missed thank God) myself and the fellow officer shot the suspect multiple time. He survived he gunshot wounds (as I gave him first aid, go figure) and proceeded to sue all of us involved for $15,000,000 each. Now that is slightly more than I make (or for that matter will ever make) and after 7 (yes that’s SEVEN) years of court hearings, depositions and such, the case was dismissed by the Federal Courts. For those 7 years it was a real pain trying to get credit, as you can well imagine, but the system had to go through its motions.
The fact that the bad guy was doing something wrong is not grounds to shoot him, the fact that the Border Patrol Agent thought the suspect had a gun should be a consideration, but the jury evidently did not buy it. That’s what happens when you make a mistake at this level, you pay for it.
I am sorry this happened, no one should have to go through what those guys are, BUT if they did what the have been convicted of the law is clear and it has been carried out in accordance with that law. They have appeals and other avenues they can take. Let’s see what the system says, if it finally decides they are wrongly convicted, then I hope and pray they get all the back pay and their jobs back.
But until then stop trying to short circuit the system. Just because someone is a cop, does not mean they don't make mistakes or lie. We have courts to decide that, and the court decided this case, not who has the most popularity. We know the chances we take, we know the responsibility we have and we accept the scrutiny that that carries.