Fifth Circuit upholds Ramos, Compean convictions

The Fifth Circuit affirmed the bulk of the convictions of two Border Patrol officers, Ignacio “Nacho” Ramos and Jose Compean, who are serving sentences of 11 and 12 years in prison respectively for shooting a fleeing drug smuggler and covering it up. None other than Sweet Lou Dobbs championed the  cause of Ramos and Compean.  “The jury was the fact-finder. The jury heard all of the evidence. The jury returned the verdict. The jury did not believe the Border Patrol agents. It convicted them. The government’s evidence, if believed, is sufficient to uphold the convictions. And that is pretty close to the bottom line on guilt or innocence of these agents. … [W]e leave the major conviction with the major sentence – 18 U.S.C. § 924(c) – untouched. … Aldrete-Davila’s own testimony, the behavior of the defendants after the shooting, and the inconsistent testimony offered by both defendants and other Border Patrol agents allowed the jury to conclude that the defendants faced no credible threat and, consequently, there was no justification for their firing upon Aldrete-Davila. Although disputed, the evidence, taken in the light most favorable to the jury verdict, supports the scenario that Aldrete-Davila fled toward the Mexican border after Compean took a swing at him with his shotgun and that, while he was in flight, the defendants without provocation fired their weapons at him several times. … The trial of the case was conducted fairly and without reversible error.” U.S. v. Ramos & Compean (5th Cir. July 28, 2008).  Download ramos20520728081.txt