ENOUGH is ENOUGH!!!!
Texas deputy to pay price for defending self
By Jerry Seper
THE WASHINGTON TIMES
February 2, 2007
A Texas deputy sheriff who fired shots at a fleeing vehicle after the driver tried to run him down faces 10 years in prison for injuring one of the passengers, a Mexican national being smuggled illegally into the United States.
The U.S. attorney, who won lengthy prison terms last year for two U.S. Border Patrol agents in the shooting of a drug-smuggling suspect, also prosecuted Edwards County Deputy Sheriff Guillermo F. Hernandez, who is to be sentenced next month.
The deputy's boss, Sheriff Donald G. Letsinger, said his officer -- who had been on the job for a year -- "followed the letter of the law" in defending himself in the April 2005 incident and questioned why the government brought charges.
"This is a fine young man, and I just don't believe he committed the wrong of which he was accused," Sheriff Letsinger said. "I have never had anything hurt me so badly as this prosecution. We've got to make this right."
Rep. Ted Poe, Texas Republican, called the prosecution and conviction of Hernandez, known to his friends as "Gilmer," "another example of how the federal government is more concerned about people [who are] illegally invading America than it is about the men who protect America."
"Once again, our government is on the wrong side of the border war," Mr. Poe said.
The deputy's Dec. 1 conviction has enraged his hometown of Rocksprings, Texas, population 1,250, where "Free Gilmer" signs have been posted. The Baptist church is paying the deputy's mortgage and others have come up with costs for the family's truck, propane and water bills.
Hernandez, 25, and his wife, Ashley, have a 4-month-old daughter.
"The town is outraged that this has happened to our deputy," said the Rev. Albert Green, pastor at the First Baptist Church. "Those people were in this country illegally, and they tried to run him down. They were the criminals, but the prosecutors made our deputy out to be the criminal.
"I do not know a single person who doesn't feel Gilmer was prosecuted for doing his job," said Mr. Green, who is the deputy's pastor. "I do not know a finer, more well-behaved gentleman. He would not purposely or willfully hurt anyone."
U.S. Attorney Johnny Sutton, appointed in October 2001 by President Bush, said Hernandez fired shots at the vehicle as it sped away "knowing it was occupied with the nine individuals," at least seven of whom were illegal aliens -- some of whom later were called to testify for the government.
Hernandez was convicted after a jury trial in U.S. District Court in Del Rio, Texas, 75 miles southwest of Rocksprings -- found guilty of violating "under the color of law" the civil rights of Maricela Rodriguez-Garcia, a Mexican national.
The woman was struck in the lip by bullet or other metal fragments after an 11:50 p.m. traffic stop in Rocksprings in April 2005. Reports said Hernandez fired shots at the blue Chevrolet Suburban's rear tires as it sped off after being stopped for running a red light.
Acquitted on a second count regarding injury to another passenger, he will be sentenced March 12 at the Del Rio court.
Assistant U.S. Attorney Bill Baumann, who prosecuted the case, told reporters that the law does not give law-enforcement officers the right to use "deadly force to stop a car unless it poses an imminent threat to the officer or another person. If the car is going away from you, it's not even a close call."
Mr. Sutton's office convicted Border Patrol agents Ignacio Ramos, 37, and Jose Alonso Compean, 28, on charges of causing serious bodily injury, assault with a deadly weapon, discharge of a firearm in a crime of violence and a civil rights violation. They were sentenced to 11 and 12 years, respectively.
Shana Jones, spokeswoman for Mr. Sutton, did not return calls for comment yesterday.
Sheriff Letsinger said an investigation found that Hernandez approached the vehicle and found only the driver was sitting upright and suspected the others were illegal aliens. He said the driver, after being asked to step out of the vehicle, pulled forward and turned into Hernandez -- fleeing from what the sheriff described as the deputy's "legal stop."
Thinking the driver had tried to run him over, he said Hernandez fired at the vehicle's rear tires. He said at least one of the people inside the vehicle confirmed that the driver had turned it into the deputy.
Sheriff Letsinger, with three deputies to handle all law-enforcement matters in a 2,000-square-mile county, called the Texas Rangers after the incident to investigate what happened. He said he also called the Mexican Consulate because Mexican nationals were involved, and the consulate later notified the FBI.
The Rangers' incident report, the sheriff said, noted that after firing shots, Hernandez returned to his patrol car, notified dispatch and pursued the vehicle until it crashed into a fence -- at which time the occupants, except for Mrs. Rodriguez-Garcia, fled.
Mrs. Rodriguez-Garcia, Ivonne Hernandez Morales and Candido Garcia Perez, all occupants in the vehicle, told investigators that they paid $2,000 to be taken across the Rio Grande from Acuna, Mexico. They said they later met the vehicle's driver and a guide, who were to take them to Austin and Dallas.
Sheriff Letsinger also said the Rangers and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents, using dogs and metal detectors, found four shell casings at the traffic stop site but none at the crash site -- discounting claims by two of the vehicle's occupants that Hernandez fired shots at them as they fled the vehicle.
The Texas Rangers did not respond to calls yesterday.
Noting that prosecutors offered the deputy probation in exchange for a guilty plea, the sheriff said, "This young man didn't do anything wrong and wasn't about to say he had. I think that speaks to his character."
In the Border Patrol case, Ramos and Compean testified that they shot Osbaldo Aldrete-Davila in the buttocks only after he assaulted Compean and pointed a weapon at both of them. Prosecutors and later a federal jury in El Paso disagreed. Aldrete-Davila abandoned 743 pounds of marijuana before fleeing back into Mexico.
By Jerry Seper
THE WASHINGTON TIMES
February 2, 2007
A Texas deputy sheriff who fired shots at a fleeing vehicle after the driver tried to run him down faces 10 years in prison for injuring one of the passengers, a Mexican national being smuggled illegally into the United States.
The U.S. attorney, who won lengthy prison terms last year for two U.S. Border Patrol agents in the shooting of a drug-smuggling suspect, also prosecuted Edwards County Deputy Sheriff Guillermo F. Hernandez, who is to be sentenced next month.
The deputy's boss, Sheriff Donald G. Letsinger, said his officer -- who had been on the job for a year -- "followed the letter of the law" in defending himself in the April 2005 incident and questioned why the government brought charges.
"This is a fine young man, and I just don't believe he committed the wrong of which he was accused," Sheriff Letsinger said. "I have never had anything hurt me so badly as this prosecution. We've got to make this right."
Rep. Ted Poe, Texas Republican, called the prosecution and conviction of Hernandez, known to his friends as "Gilmer," "another example of how the federal government is more concerned about people [who are] illegally invading America than it is about the men who protect America."
"Once again, our government is on the wrong side of the border war," Mr. Poe said.
The deputy's Dec. 1 conviction has enraged his hometown of Rocksprings, Texas, population 1,250, where "Free Gilmer" signs have been posted. The Baptist church is paying the deputy's mortgage and others have come up with costs for the family's truck, propane and water bills.
Hernandez, 25, and his wife, Ashley, have a 4-month-old daughter.
"The town is outraged that this has happened to our deputy," said the Rev. Albert Green, pastor at the First Baptist Church. "Those people were in this country illegally, and they tried to run him down. They were the criminals, but the prosecutors made our deputy out to be the criminal.
"I do not know a single person who doesn't feel Gilmer was prosecuted for doing his job," said Mr. Green, who is the deputy's pastor. "I do not know a finer, more well-behaved gentleman. He would not purposely or willfully hurt anyone."
U.S. Attorney Johnny Sutton, appointed in October 2001 by President Bush, said Hernandez fired shots at the vehicle as it sped away "knowing it was occupied with the nine individuals," at least seven of whom were illegal aliens -- some of whom later were called to testify for the government.
Hernandez was convicted after a jury trial in U.S. District Court in Del Rio, Texas, 75 miles southwest of Rocksprings -- found guilty of violating "under the color of law" the civil rights of Maricela Rodriguez-Garcia, a Mexican national.
The woman was struck in the lip by bullet or other metal fragments after an 11:50 p.m. traffic stop in Rocksprings in April 2005. Reports said Hernandez fired shots at the blue Chevrolet Suburban's rear tires as it sped off after being stopped for running a red light.
Acquitted on a second count regarding injury to another passenger, he will be sentenced March 12 at the Del Rio court.
Assistant U.S. Attorney Bill Baumann, who prosecuted the case, told reporters that the law does not give law-enforcement officers the right to use "deadly force to stop a car unless it poses an imminent threat to the officer or another person. If the car is going away from you, it's not even a close call."
Mr. Sutton's office convicted Border Patrol agents Ignacio Ramos, 37, and Jose Alonso Compean, 28, on charges of causing serious bodily injury, assault with a deadly weapon, discharge of a firearm in a crime of violence and a civil rights violation. They were sentenced to 11 and 12 years, respectively.
Shana Jones, spokeswoman for Mr. Sutton, did not return calls for comment yesterday.
Sheriff Letsinger said an investigation found that Hernandez approached the vehicle and found only the driver was sitting upright and suspected the others were illegal aliens. He said the driver, after being asked to step out of the vehicle, pulled forward and turned into Hernandez -- fleeing from what the sheriff described as the deputy's "legal stop."
Thinking the driver had tried to run him over, he said Hernandez fired at the vehicle's rear tires. He said at least one of the people inside the vehicle confirmed that the driver had turned it into the deputy.
Sheriff Letsinger, with three deputies to handle all law-enforcement matters in a 2,000-square-mile county, called the Texas Rangers after the incident to investigate what happened. He said he also called the Mexican Consulate because Mexican nationals were involved, and the consulate later notified the FBI.
The Rangers' incident report, the sheriff said, noted that after firing shots, Hernandez returned to his patrol car, notified dispatch and pursued the vehicle until it crashed into a fence -- at which time the occupants, except for Mrs. Rodriguez-Garcia, fled.
Mrs. Rodriguez-Garcia, Ivonne Hernandez Morales and Candido Garcia Perez, all occupants in the vehicle, told investigators that they paid $2,000 to be taken across the Rio Grande from Acuna, Mexico. They said they later met the vehicle's driver and a guide, who were to take them to Austin and Dallas.
Sheriff Letsinger also said the Rangers and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents, using dogs and metal detectors, found four shell casings at the traffic stop site but none at the crash site -- discounting claims by two of the vehicle's occupants that Hernandez fired shots at them as they fled the vehicle.
The Texas Rangers did not respond to calls yesterday.
Noting that prosecutors offered the deputy probation in exchange for a guilty plea, the sheriff said, "This young man didn't do anything wrong and wasn't about to say he had. I think that speaks to his character."
In the Border Patrol case, Ramos and Compean testified that they shot Osbaldo Aldrete-Davila in the buttocks only after he assaulted Compean and pointed a weapon at both of them. Prosecutors and later a federal jury in El Paso disagreed. Aldrete-Davila abandoned 743 pounds of marijuana before fleeing back into Mexico.
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Makes you wonder why anyone would want to be in law enforcement.Do your job and get sued or have charges brought against you.It is getting very pathetic.[:(!] 0 -
Illegals have more rights than our law enforcement, it a shame.[:(][V][8] 0 -
It does seem that the political outcome is more important than justice these days. The juries are made up of pissed off minorities that are out to get the "man!"[:(]
I do hope these are isolated situations that are flashed across our TV screens from all corners of the US quickly due to the speed that news travels these days and not a new trend.[:0]0 -
That is rediculous! [:(!][:(!] More rights for illegals than citizens. I'm embarresed to be in the same country as Johnny Sutton. "at least seven of whom were illegal aliens -- some of whom later were called to testify for the government" Since when can illegals testify for the government??? They shouldn't have a say at all. THEY ARE IN THIS COUNTRY ILLEGALLY!!!! How hard is that for people in charge to understand!??!!?!?!?!?!?!?
This is terrible. Is there anything that can be done? Like maybe a petition? I don't have any idea about that sort of stuff. I would really like to see the people in this country who still think straight do something about this. I just don't know what to do.0 -
I wish I wasn't a law-abiding Citizen of the United States so I could have rights again. [V][V][B)][B)] 0 -
Where's Hairy this morning? We really need an opposing viewpoint. [:(!]
Do not make uncomplimentary changes to members' names.0 -
VOTE TANCREDO !!! 0 -
vote every illegal loving senator or represenative OUT OF OFFICE.. NOW 0 -
I'm up for anything GB members want to do to help.
D.0 -
Vote Tom Tancredo in as President and let's start a cleansing of our own:
http://forums.gunbroker.com/topic.asp?TOPIC_ID=2329910 -
I see nothing short of a full blown revolution stopping this trend. 0 -
Bleeding heart liberal federal prosecutors. We have some at the local levels too. Living where I see the illegal immigrants every day, in every place of business, "trying to drive" on public roads, standing in line behind them while they cash their "food stamps" at Wal Mart, etc., is a disheartening experience. I also see the local "free medical clinic" providing care to the expecting 12-14 yr old girls from this community. Who is paying the bills? We are. But do not say anything or in any way discourage them from their endeavors. The local courts look with disfavor upon it. 0 -
Do you think this Deputy would have been charged and/or acquitted if the van were full of red-blooded Americans? 0 -
quote:Originally posted by spryor
I see nothing short of a full blown revolution stopping this trend.
I feel the same way!
All those in charge of upholding our laws, are guilty of negligence! There are local law enforcement officers who would love to deport the illegals but are being shut down and told that its the feds job.
Well if its the feds job they better get the bleen on the ball! I am tired of ignorant poop like this!
When the day comes where citizens all across this land start attacking govt entities i will be with them! LOUD AND PROUD! You people have had your chance, we put you in office to protect US AND OUR LAND! Instead you have stripped our rights to land, and have basically wiped your ass with our Constitution that you took AN OATH! to protect.
The way I see it, our FEDERAL govt IS THE ENEMY!! They need to have thier ass handed to them!
What we need is one million Timothy Mcveighs!0 -
quote:Originally posted by kyplumber
quote:Originally posted by spryor
I see nothing short of a full blown revolution stopping this trend.
I feel the same way!
All those in charge of upholding our laws, are guilty of negligence! There are local law enforcement officers who would love to deport the illegals but are being shut down and told that its the feds job.
Well if its the feds job they better get the bleen on the ball! I am tired of ignorant poop like this!
When the day comes where citizens all across this land start attacking govt entities i will be with them! LOUD AND PROUD! You people have had your chance, we put you in office to protect US AND OUR LAND! Instead you have stripped our rights to land, and have basically wiped your ass with our Constitution that you took AN OATH! to protect.
The way I see it, our FEDERAL govt IS THE ENEMY!! They need to have thier ass handed to them!
What we need is one million Timothy Mcveighs!
Really?!
So when my child gets blown up in a terrorist act, you'll be wiling to face my wrath?
This is absolutely the most irresponsible and ill-conceived post I"ve ever seen on GunBroker.
I understand your frustration somewhat, sir. But what you're advocating is terrorism and I'm hugely disappointed to hear you voice it.0 -
quote:Originally posted by Colonel Plink
quote:Originally posted by kyplumber
quote:Originally posted by spryor
I see nothing short of a full blown revolution stopping this trend.
I feel the same way!
All those in charge of upholding our laws, are guilty of negligence! There are local law enforcement officers who would love to deport the illegals but are being shut down and told that its the feds job.
Well if its the feds job they better get the bleen on the ball! I am tired of ignorant poop like this!
When the day comes where citizens all across this land start attacking govt entities i will be with them! LOUD AND PROUD! You people have had your chance, we put you in office to protect US AND OUR LAND! Instead you have stripped our rights to land, and have basically wiped your ass with our Constitution that you took AN OATH! to protect.
The way I see it, our FEDERAL govt IS THE ENEMY!! They need to have thier ass handed to them!
What we need is one million Timothy Mcveighs!
Really?!
So when my child gets blown up in a terrorist act, you'll be wiling to face my wrath?
This is absolutely the most irresponsible and ill-conceived post I"ve ever seen on GunBroker.
I understand your frustration somewhat, sir. But what you're advocating is terrorism and I'm hugely disappointed to hear you voice it.
I stand behind EVERY SINGLE WORD OF IT!
Close the border then we can talk about this joke called terrorism..0 -
Americans are being "terrorized" by the feds.
Close the MOTHERbleenING BORDER till that happens all this garbage about terrorism is absolutely STUPID!!!!!
ACKBAR OMED HACKSAW and twelve of his jihadi haji friends just ran across the border, in ten more minutes 10 more will cross PROVE ME WRONG.0 -
quote:Originally posted by kyplumber
I stand behind EVERY SINGLE WORD OF IT!
Close the border then we can talk about this joke called terrorism..
I simply cannot believe what I'm seeing.
You are an animal. Sub-human. No better than any Middle eastern bomb freak who gleefully kills his kinsman in the name of Allah.
I despise you and your politics.
Maybe you'll sober up one day. I recommend AA or anger management. You need it.0 -
quote:Originally posted by Colonel Plink
quote:Originally posted by kyplumber
I stand behind EVERY SINGLE WORD OF IT!
Close the border then we can talk about this joke called terrorism..
I simply cannot believe what I'm seeing.
You are an animal. Sub-human. No better than any Middle eastern bomb freak who gleefully kills his kinsman in the name of Allah.
I despise you and your politics.
Maybe you'll sober up one day. I recommend AA or anger management. You need it.
Sober up? Despise my politics?
LOL!!! what a feeble minded response.
Perhaps you can tell me a better way to wake up our govt!
Perhaps you know a better way to make the feds DO THEIR dirty JOB!
If you could enlighten me, maybe I could retract my statement having been shown the light!0 -
Nope. You've proven to be far beyond (beneath) my consideration.
Later, dude.0 -
Im in also--sling
quote:Originally posted by Doug Wilson
I'm up for anything GB members want to do to help.
D.0 -
Sadly, it does seem we have a goverment that is hell bent on seeing
just how far they can push the people. At times it even seems that
greed is not the issue, but just to see if we'll lay down at take it.0 -
I'm willing to take up arms. 0 -
All right. Y'all have convinced me that you're serious. But allow me to make one very salient point.
Advocating the violent overthrow of the U.S. Government on a public forum is simply stupid.0 -
quote:Originally posted by Colonel Plink
All right. Y'all have convinced me that you're serious. But allow me to make one very salient point.
Advocating the violent overthrow of the U.S. Government on a public forum is simply stupid.
Being a spineless ice cream, on a public forum is also stupid.
Our country was founded on a revolution, and watching the way its heading I think its time for another 1.
If that is stupid to you, then maybe you need a back brace and some diapers.0 -
quote:Originally posted by kyplumber
quote:Originally posted by Colonel Plink
All right. Y'all have convinced me that you're serious. But allow me to make one very salient point.
Advocating the violent overthrow of the U.S. Government on a public forum is simply stupid.
Being a spineless ice cream, on a public forum is also stupid.
Our country was founded on a revolution, and watching the way its heading I think its time for another 1.
If that is stupid to you, then maybe you need a back brace and some diapers.
Okay, I know I started the personal attacks, so I gotta take it from you; but hear me out on this...
The government hardly needs any more reasons to enact sweeping gun confiscations. You know and I know that they'd love to do it. By publicly announcing your intent to attack the government, you've given them a great reason to do just that. You know and I know that the BATFE monitors websites like GunBroker. To advocate the violent overthrow of the U.S. Government just gives them one reason to mobilize against us.
I don't really care what you think of me personally. And you and I will never sit down over a cup of coffee together, but use your head, for the love of Pete.
At least tell me you understand what I'm saying.
You're not doing any gun owners any good with your rhetoric.0 -
quote:Originally posted by Colonel Plink
quote:Originally posted by kyplumber
quote:Originally posted by Colonel Plink
All right. Y'all have convinced me that you're serious. But allow me to make one very salient point.
Advocating the violent overthrow of the U.S. Government on a public forum is simply stupid.
Being a spineless ice cream, on a public forum is also stupid.
Our country was founded on a revolution, and watching the way its heading I think its time for another 1.
If that is stupid to you, then maybe you need a back brace and some diapers.
Okay, I know I started the personal attacks, so I gotta take it from you; but hear me out on this...
The government hardly needs any more reasons to enact sweeping gun confiscations. You know and I know that they'd love to do it. By publicly announcing your intent to attack the government, you've given them a great reason to do just that. You know and I know that the BATFE monitors websites like GunBroker. To advocate the violent overthrow of the U.S. Government just gives them one reason to mobilize against us.
I don't really care what you think of me personally. And you and I will never sit down over a cup of coffee together, but use your head, for the love of Pete.
At least tell me you understand what I'm saying.
You're not doing any gun owners any good with your rhetoric.
you have quite an imagination... If you READ my posts, I have said that if "civil uprising" breaks out, I'm in! thats all I said. I said we need a million mcveighs too. either way I have not stated an intent to "attack" any branch of the govt. Although let me remind you, IF CIVIL WAR OR A REVOLUTION BREAKS OUT IN MY LIFETIME, YEEEEHAAAA BABY! LOOKOUT FOR KILLER!
Oh and I pray we have a civil uprising!0 -
quote:Originally posted by kyplumber
you have quite an imagination... If you READ my posts, I have said that if "civil uprising" breaks out, I'm in! thats all I said. I said we need a million mcveighs too. either way I have not stated an intent to "attack" any branch of the govt. Although let me remind you, IF CIVIL WAR OR A REVOLUTION BREAKS OUT IN MY LIFETIME, YEEEEHAAAA BABY! LOOKOUT FOR KILLER!
Oh and I pray we have a civil uprising!
[/quote]
Well, that's splittin' the hairs pretty fine, but Hokey Dokey.
By the way thanks for allowing the tenor of dialogue to veer back towards civilized.0 -
quote:Originally posted by Colonel Plink
quote:Originally posted by kyplumber
you have quite an imagination... If you READ my posts, I have said that if "civil uprising" breaks out, I'm in! thats all I said. I said we need a million mcveighs too. either way I have not stated an intent to "attack" any branch of the govt. Although let me remind you, IF CIVIL WAR OR A REVOLUTION BREAKS OUT IN MY LIFETIME, YEEEEHAAAA BABY! LOOKOUT FOR KILLER!
Oh and I pray we have a civil uprising!
Well, that's splittin' the hairs pretty fine, but Hokey Dokey.
By the way thanks for allowing the tenor of dialogue to veer back towards civilized.
[/quote]
not to get too soft... but I really didnt mean to insult you.
What I did mean to do is get my point across, that we Americans are getting SHAFTED in a major way! When you called me subhuman, blah blah blah....
We have to feed, house, clothe and care for:
Illegal Immigrants, Killers, Child molesters, Congress, Lazy people who juice the system for a living. Bottom line is the working men and women of this country are being shat on daily, and I AM TIRED OF IT!
IT IS TIME FOR MAJOR CHANGES!!0 -
Y'ain't soft. And I am the one who got personal. And I apologize. I lost my cool.
I just vividly recall the day the Murrah Building was bombed. I remember the look in the eyes of parents who had children in day care there. I'm a parent now myself and just can't imagine anything more horrible.
And I agree that the Government needs a major purging.
I think abandoning our front line defense on our borders is the most cowardly thing our they've ever done. Prosecuting Border Patrol agents for doing their job is stupid, counter productive and it makes me sick.0
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