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.
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.
you may disagree with his viewpoint
however you are the one who sank to name calling0 -
quote:Originally posted by snarlgard
you may disagree with his viewpoint
however you are the one who sank to name calling
[/quote]
I admitted that. And I apologized. Here's a quote.
"Y'ain't soft. And I am the one who got personal. And I apologize. I lost my cool."
It was in the last post before yours.0 -
From Colonel Pink
quote:To advocate the violent overthrow of the U.S. Government
You are the only one who worded it this way.
No one else mentioned anything about overthrowing the Government.
Only Righting a Wrong.0 -
quote:Originally posted by RugerNiner
From Colonel Pink
quote:To advocate the violent overthrow of the U.S. Government
You are the only one who worded it this way.
No one else mentioned anything about overthrowing the Government.
Only Righting a Wrong.
"When the day comes where citizens all across this land start attacking govt entities i will be with them! ...
The way I see it, our FEDERAL govt IS THE ENEMY!! They need to have thier ass handed to them!"
Sure sounds like the violent overthrow of a Government to me.
But, as the plumber pointed out, he was just saying "if"0 -
quote:Originally posted by RugerNiner
From Colonel Pink
quote:To advocate the violent overthrow of the U.S. Government
You are the only one who worded it this way.
No one else mentioned anything about overthrowing the Government.
Only Righting a Wrong.
You don't consider any of this to be advocating the overthrow of the government?
"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!"
"Our country was founded on a revolution, and watching the way its heading I think its time for another 1."
"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 dlrjj
quote:Originally posted by RugerNiner
From Colonel Pink
quote:To advocate the violent overthrow of the U.S. Government
You are the only one who worded it this way.
No one else mentioned anything about overthrowing the Government.
Only Righting a Wrong.
You don't consider any of this to be advocating the overthrow of the government?
"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!"
"Our country was founded on a revolution, and watching the way its heading I think its time for another 1."
"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!"
I'd advocate stuffing a beer bottle down your throat, that doesnt mean I'm gonna hunt you down and do it.
I do advocate a CIVIL WAR in this country it is no secret! so what is your point other than you trying to start poop with me?
Every time I post you lurk in the background like a gripe waiting to take a jab at me...
This country is doomed at its current rate, that is a fact. So whatever means is necessary for change so be it! Chew on that for a few, ya snake..
And another thing check this thread,
http://forums.gunbroker.com/topic.asp?TOPIC_ID=78719
375 replies all stating they would take up arms AGAINST their corrupt govt, ok maybe not 375 I'm sure there are some puss's in there..0 -
quote: 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!
I'm extremly sick of this also. Pisses me off to see such a large chunk of money taken out of my paycheck to fund worthless trash. If someone can't make it in America they have some serious problems. By the way this is coming from someone that didn't even graduate high school and I still live in a large house, have nice cars, my kids want for nothing, and I still have some left over for fun.
quote: What we need is one million Timothy Mcveighs!
I strongly disagree. He killed innocent American children. Bombs are a very bad way to get anyones attention. You have no control over them.0 -
quote:Originally posted by kyplumber
quote:Originally posted by dlrjj
quote:Originally posted by RugerNiner
From Colonel Pink
quote:To advocate the violent overthrow of the U.S. Government
You are the only one who worded it this way.
No one else mentioned anything about overthrowing the Government.
Only Righting a Wrong.
You don't consider any of this to be advocating the overthrow of the government?
"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!"
"Our country was founded on a revolution, and watching the way its heading I think its time for another 1."
"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!"
I'd advocate stuffing a beer bottle down your throat, that doesnt mean I'm gonna hunt you down and do it.
I do advocate a CIVIL WAR in this country it is no secret! so what is your point other than you trying to start poop with me?
Every time I post you lurk in the background like a gripe waiting to take a jab at me...
This country is doomed at its current rate, that is a fact. So whatever means is necessary for change so be it! Chew on that for a few, ya snake..
Have you expressed a desire to rape or strangle a GB member again here lately?0 -
quote:Originally posted by dlrjj
Have you expressed a desire to rape or strangle a GB member again here lately?
Thats some kinky stuff youre talkin bout..
Thanks anyways but I have a girlfriend..0 -
quote:Originally posted by kyplumber
quote:Originally posted by dlrjj
Have you expressed a desire to rape or strangle a GB member again here lately?
Thats some kinky stuff youre talkin bout..
Thanks anyways but I have a girlfriend..
It was your post, not mine.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!
KY, if you think Mcveigh as anti-goverment, you are misguided, his actions only helped empower the Fed's.0 -
Why do I get the impression that all this talk of revolution and overthrowing the government won't get past the "b**ching on the Internet" stage? 0 -
quote:Originally posted by warriorsfan
Why do I get the impression that all this talk of revolution and overthrowing the government won't get past the "b**ching on the Internet" stage?
I agree. So can we just let the title of this thread speak for itself?0 -
quote:Originally posted by warriorsfan
Why do I get the impression that all this talk of revolution and overthrowing the government won't get past the "b**ching on the Internet" stage?
Per usual.[;)]0 -
I would be interested in knowing how many ofr you that are chipping your desires to have a shoot-out have ever been in one? Come on now- who'll be first to tell us all about what it's like to not know whether you'll be alive 2 minutes from now? 0 -
quote:I would be interested in knowing how many ofr you that are chipping your desires to have a shoot-out have ever been in one? Come on now- who'll be first to tell us all about what it's like to not know whether you'll be alive 2 minutes from now?
I always find it amusing..statements like this.
Somehow, having a 'shootout' raises one to a level of Godhood..at least in the mind of the survivor.
The fact is..70% or so of those in combat never kill anybody...most just sort of point the weapon and squeeze till empty.
The fact is..some freeze, some flee, some just die. So what ? Like sex..you ain't done it till you done it..and has not one thing to do with, say, the Founders taking the country away from a despot.
The big difference between what is being talked about on this thread and the typical shooting situation..normally, the comforting hand of goverment is on your shoulder, telling you..."Its Okay to kill that guy over there...Trust Us.."
The exact same thing every Despot in history told THEIR people...now, the despot is telling their law dogs.."That law over THERE..but ONLY for THOSE folks ...is to be ignored.at the risk of you going to jail"...
I am enjoying these cases. Historically, the common citizen was gathered up and shipped to jail on bogus charges.
Now the masters are striking at their enforcement arms..the truly UNfortunate aspect is...the cops going down seem to be the decent effective guys...but one would expect that...wouldn't one ?
The police may just have the decision to make sooner then expected. Remain true to the Constitution...or obey tyranny.0 -
quote:Originally posted by Lowrider
Where's Hairy this morning? We really need an opposing viewpoint. [:(!]
Do not make uncomplimentary changes to members' names.
Then you won't mind my pointing it out the next time Hairy does it to me?0
Please sign in to leave a comment.
Comments
47 comments