Bush commutes sentences of 2 ex-Border Patrol agents

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Bush commutes sentences of 2 ex-Border Patrol agents

By JAMES PINKERTON and SUSAN CARROLL

2009 Houston Chronicle

Jan. 19, 2009, 3:33PM

On the last full day of his term, President George W. Bush on Monday commuted the lengthy but intensely controversial prison sentences of two former U.S. Border Patrol agents convicted of shooting a fleeing, unarmed drug smuggler near El Paso and covering up the shooting.

The 12-year prison term of Jose Alonso Compean, and the 11-year-sentence to Ignacio Ramos, both agents from El Paso, were commuted to time served by Bush in a move that pleased supporters but did not end the fierce debate over the case. They are now scheduled to be released March 20.

"We’re ecstatic, thrilled for the families and the agents, but we’re troubled by the fact it took so long to do the right thing," said T.J. Bonner, president of the National Border Patrol Council, the union representing most of the 18,000 border agents. "Every fact that would have caused the president to conclude justice wasn’t served by incarcerating these two agents was known before they ever set foot in prison."

Bonner, noting the agents’ convictions are being appealed to the U.S. Supreme Court after a federal appeals court upheld them last July, said the union will push for a congressional investigation of the prosecution.

"We’re going to do whatever it takes to find out why this happened and to ensure this doesn’t happen again," he said. Compean and Ramos were convicted of shooting drug smuggler Osvaldo Adlrete Davila in the buttocks as he fled toward the Rio Grande near El Paso in 2005. The agents did not report the shooting to superiors, removed evidence from the scene of the shooting and submitted false reports about the incident, according to court records.

Their federal prosecution heightened the debate on illegal immigration, became the topic for numerous talk shows and radio programs, and was taken up as cause celebre by groups favoring limits on immigration.

"We certainly hope this will serve as a catalyst to restore confidence in the justice system by our law enforcement officers," said Curtis Collier, president of the U.S. Border Watch volunteer group based in Spring. "This will allow them to do their jobs a little better because they won’t be prosecuted for doing ridiculous things, like Ramos and Compean were."

David Botsford, the Austin-based attorney who represented Ramos in his appeal before the 5th Circuit Court in New Orleans, said he received a phone call from a pardon attorney for President Bush at about 11:45 a.m. today, shortly before the public announcement of the commutation.

Botsford said he spoke with Ramos’ family members shortly after hearing the news.

"Obviously, they were overjoyed," Botsford said.

Botsford said he expected to speak with Ramos from federal prison this afternoon.

P.S. Ruckman Jr., a political science professor in Illinois and editor of a blog on pardons called "Pardon Power," said the commutation of the sentences was not a risky political decision for the president, considering the level of support from lawmakers.

"So many members of Congress supported this, and in that sense, it may have been the safest commutation of a sentence that President Bush could have possibly granted," he said, adding that a commutation for the former governor of Louisiana, Edwin Edwards, or former Illinois governor George Ryan would have been "a lot more controversial."

"The thing that’s burning in my head right now is, how does the prosecutor feel about this?" Ruckman said of Johnny Sutton, the prosecutor for the Western District of Texas, who has long defended the decision to prosecute the agents. "The prosecutor is a good friend of President Bush’s. I have yet to see his name in a news article."

Calls to Sutton’s offices in San Antonio were not returned.

In September, after an appeals court in New Orleans denied a request to revisit their ruling upholding the convictions, Sutton said the Justice Department had no choice but to hold the agents accountable for their actions.

"The simple truth of this case is that former Agents Compean and Ramos shot 15 times at an unarmed man who was running away from them and posed no threat," Sutton said, adding. "They lied about what happened, covered up the shooting, and then proceeded to write up and file a false report."

Supporters for the agents, which include many of the Texas congressional delegation, argue the agents confronted an experienced drug trafficker who was likely armed, although no weapons were ever found. And the trial court was not allowed to hear evidence that the wounded trafficker, while legally in the United States waiting to testify at the agents’ trial, was arrested for smuggling a large load of marijuana.

U.S. Rep. Ted Poe, R-Houston, a former state district judge, said Congress must exempt law officers from prosecution under the law that mandates a 10-year sentence for discharging a firearm during a crime of violence.

"As a former prosecutor and judge, I spent most of my career putting people in jail — this is the first time I’m excited someone was released from custody," Poe said. "Our system works most of the time. Sometimes it doesn’t, and that’s why our founders were wise enough to put in the Constitution a way to right wrong and give the president absolute authority to pardon, or commute, sentences in those rare cases.’’

Poe said he will press for hearings into the prosecution of the agents.

"This entire matter is not over yet, as far as I’m concerned,’’ said Poe. `"Members of Congress need to take a hard look at the entire situation."

http://www.chron.com/disp/story.mpl/front/6219095.html

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"The simple truth of this case is that former Agents Compean and Ramos shot 15 times at an unarmed man who was running away from them and posed no threat," Sutton said, adding. "They lied about what happened, covered up the shooting, and then proceeded to write up and file a false report."

Do the supporters of these agents dispute any of those facts?

[desert_fox 32]

"The simple truth of this case is that former Agents Compean and Ramos shot 15 times at an unarmed man who was running away from them and posed no threat," Sutton said, adding. "They lied about what happened, covered up the shooting, and then proceeded to write up and file a false report."

Do the supporters of these agents dispute any of those facts?

Too bad they are bad shots. should have killed the SOB.

They deserve the Bernard Goetz award.l

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"The simple truth of this case is that former Agents Compean and Ramos shot 15 times at an unarmed man who was running away from them and posed no threat," Sutton said, adding. "They lied about what happened, covered up the shooting, and then proceeded to write up and file a false report."

Do the supporters of these agents dispute any of those facts?

Too bad they are bad shots. should have killed the SOB.

They deserve the Bernard Goetz award.l

So you don't dispute the lies, the cover up, the filing of a false report?

[nowhereman 1]

"The simple truth of this case is that former Agents Compean and Ramos shot 15 times at an unarmed man who was running away from them and posed no threat," Sutton said, adding. "They lied about what happened, covered up the shooting, and then proceeded to write up and file a false report."

Do the supporters of these agents dispute any of those facts?

Too bad they are bad shots. should have killed the SOB.

They deserve the Bernard Goetz award.l

So you don't dispute the lies, the cover up, the filing of a false report?

An unfortunate, regrettable incident that these men have to live with for the rest of their lives. With that being said I agree with President Bush's decision to pardon these two men.

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An unfortunate, regrettable incident that these men have to live with for the rest of their lives.

Ok, so it's not disputed. Gotcha.

[spookyturtle 9,466]

An unfortunate, regrettable incident that these men have to live with for the rest of their lives. With that being said I agree with President Bush's decision to pardon these two men.

Me too. The punishment was excessive IMHO.

[nowhereman 1]

An unfortunate, regrettable incident that these men have to live with for the rest of their lives.

Ok, so it's not disputed. Gotcha.

I don't think the facts are in dispute... the controversy is over the sentence. I haven't followed the case closely, but from I gather it was two decent guys doing a tough job that made a huge mistake. Justice is about the facts & the truth, but it's also about potentially mitigating circumstances and looking at the whole situation the sentence was excessive IMO but more importantly in President Bush's opinion.

[Ling Ling 22]

Ignorant hypocrites have always believed in 2 forms of justice. What's new?

Bush with his unyielding view on the death penalty, who (on countless occasions) has denied requests of the Pope to stay executions, having the audacity to consistently invoke the name of God, and commuting the sentence of these guilty men...that to me is beyond ignorance and hypocrisy.

[peejay 327]

"The simple truth of this case is that former Agents Compean and Ramos shot 15 times at an unarmed man who was running away from them and posed no threat," Sutton said, adding. "They lied about what happened, covered up the shooting, and then proceeded to write up and file a false report."

Do the supporters of these agents dispute any of those facts?

I believe they do. It was he said she said. That is Sutton's version. The agents have their version.

Really though the crux of the arguement is about the sentences assessed and the fact that the dope runner was given immunity for smuggling dope and then continued to smuggle dope for the cartel while he was testifying against these agents. He sued the American taxpayer for getting shot while running dope and then continued to run dope after getting immunity from Sutton.

The TX-Mexico border is dangerous place and giving these guys 11 and 12 year sentences for making split second decisions and failure to follow proceedure 100% is out of line. If you are going to err, at least do it on the side of our guys. That is 11 and 12 years hard Federal time and there is no parole in the Federal system. You do what time is assessed. These guys guys didn't deserve those kinds of sentences for doing their job.

Johnny Sutton is an azzhole and a Bush open borders lapdog. He sold out our people for Bush's appeasement to Mexican diplopmatic pressure that has been the hallmark of his presidency. Him and Vincente are azzhole buddies that has continued with Colderone.

There will and has been no border security under Bush. I doubt if Obama will be any better and will likely be worst.

At least this is victory and maybe a morale booster for our guys that protect us along the border. At least they know they won't be abandoned for doing their job. The narco-state illegal alien supported Mexican government hates the US Border Patrol. Open borders zealots like Bush do too. It was the overwhelming protests of the American people and members of Congress that brought this about.

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I'm glad it was commuted but I wish they were pardoned.

[Ling Ling 22]

I wish people would stop deciding on if the justice system is fair...only when it suits their agenda.

[luckytxn 2,265]

I also thought a full pardon was in order. Bush was wrong not to do so.

The facts were disputed all the way. Of course someone that hates law enforcement and squeals with glee when they are unjustly convicted will think the trial and sentence was right and those of us who saw it differently would disagree.

Ling Ling. I see since your indignant two posts are spoiling for a verbal fight but you won't get it. You hate Bush and the death penalty and others don't. Too bad.

[nowhereman 1]

I also thought a full pardon was in order. Bush was wrong not to do so.

The facts were disputed all the way. Of course someone that hates law enforcement and squeals with glee when they are unjustly convicted will think the trial and sentence was right and those of us who saw it differently would disagree.

Ling Ling. I see since your indignant two posts are spoiling for a verbal fight but you won't get it. You hate Bush and the death penalty and others don't. Too bad.

I almost always disagree with Bush & think overall he was a terrible President, but I agree with him on this decision.

[Ling Ling 22]

I also thought a full pardon was in order. Bush was wrong not to do so.

The facts were disputed all the way. Of course someone that hates law enforcement and squeals with glee when they are unjustly convicted will think the trial and sentence was right and those of us who saw it differently would disagree.

Ling Ling. I see since your indignant two posts are spoiling for a verbal fight but you won't get it. You hate Bush and the death penalty and others don't. Too bad.

I don't hate anyone...takes way too much energy. Thanks for speaking on my behalf.