Jose Compean

José Alonso Compeán is a former United States Border Patrol Agent, convicted of shooting an unarmed, illegal alien drug smuggler on the United States–Mexico border near El Paso, Texas, on February 17, 2005 and "obstructing justice by willfully defacing the crime scene".

Events

Compeán was patrolling a section of border with another agent when they spotted a man crossing the border. They stopped him in a van containing 743 pounds of marijuana,cite web|url=http://www.chron.com/disp/story.mpl/special/immigration/5349437.html |work=Houston Chronicle |accessdate=2007-12-08|last=Carroll |first=Susan |title=Ex-agents get boost in court|type=HTML |language=English] 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 buttocks. 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.cite news|last=Kunzleman |first=Michael |date=2007 December 3 |accessdate=2007-12-07|work=Washington Post |title=Appeal Heard in Border Agents' Shooting] cite web|url=http://www.foxnews.com/story/0,2933,311996,00.html |work=FoxNews.com |title=Mexican Drug Smuggler Shot By Border Agents Indicted on Drug Smuggling Charges|date=2007-11-16 |accessdate=2007-12-07]

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 trial, Compeán was found guilty on 11 counts, including discharging a firearm during the commission of a violent crime, 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.cite web|url=http://www.cnn.com/2007/US/07/25/dobbs.7.25/index.html?iref=newssearch |work=CNN.com |date= 2007-07-26|accessdate=2007-12-07 |title=Tonight's Facts: Border Drug War |type=html |language=English]

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 calling on President George W. Bush to pardon the two men. On 2007-12-06 a resolution was introduced in the Congress seeking to commute their sentences.cite web|url=http://www.elpasotimes.com/newupdated/ci_7653013|work=elpasotimes.com |last=Guilot |first=Louie|accessdate=2007-12-07 |date=2007-12-06|title=Resolution introduced to free Ramos, Compeán |type=html|language=English]

On November 15, 2007, Aldrete Dávila, the man shot by Ramos, was arrested at a border crossing in El Paso, Texas. 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. [http://ap.google.com/article/ALeqM5iXihPpn22rM9HFMgrc8yMDXAbyWQD9271H700]

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. cite web|url=http://www.elpasotimes.com/newupdated/ci_7618547 |work=elpasotimes.com |last=Guilot |first=Louie|accessdate=2007-12-07 |date=2007-12-02|title=Immunity deal key in Ramos, Compean appeal |type=HTML |language=English]

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. cite web|url= http://www.elpasotimes.com//ci_7627140?IADID=Search-www.elpasotimes.com-www.elpasotimes.com |title=Judge calls prosecuting ex-agents an overreaction |last=Guilot |first=Louie |date=2007-12-04 |accessdate=2007-12-08 |work=elpasotimes.com|type=HTML language=English]

Following the hearing, United States Attorney Johnny Sutton 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." cite web|title=Statement of U.S. Attorney Johnny Sutton following today's oral argument before the Fifth U.S. Circuit Court of Appeals in RE: United States of America v. Ignacio Ramos and Jose Alonso Compean |url=http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/compean&ramos_5thcircuit_statement.pdf |work=United States Attorney for the Western District of Texas website|date=December 12 2007|accessdate=2007-12-08|type=PDF |language=English (PDF file)]

References

Legal transcripts

* [http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2018.pdf Transcript of the Sentencing: United States vs Ignacio Ramos and Jose Compeán] (PDF file)
* [http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2017.pdf Transcript of the Verdict: US vs Ignacio Ramos and Jose Compeán] (PDF file)

External links

* [http://www.dhs.gov/xoig/assets/OIG_foia_RamosCompean.pdf Department of Homeland Security Report of Investigation] (PDF file)
* [http://www.usdoj.gov/usao/txw/index.html United States Attorney's Office for the Western District of Texas]