On his last full day in office, President Bush commuted the controversial sentences of two former Border Patrol agents convicted of shooting a Mexican drug runner in 2005.
The imprisonment of Ignacio Ramos and Jose Alonso Compean had sparked outcry from critics who said the men were just doing their jobs and were punished too harshly. They had been sentenced to 11- and 12-year sentences, respectively.
Their sentences will now expire on March 20 of this year.
Ramos and Compean were sentenced in connection with the shooting of Osvaldo Aldrete Davila, who was shot in the buttocks while trying to flee along the Texas border. He admitted smuggling several hundred pounds of marijuana on the day he was shot and pleaded guilty last year to drug charges related to two other smuggling attempts.
Nearly the entire congressional delegation from Texas and other lawmakers from both sides of the political aisle pleaded with Bush to grant them clemency.
The border agents argued during their trials that they believed Davila was armed and that they shot him in self defense. The prosecutor in the case said there was no evidence linking the smuggler to the van that contained the marijuana. The prosecutor also said the border agents didn't report the shooting and tampered with evidence by picking up several spent shell casings.
The agents were fired after their convictions on several charges, including assault with a dangerous weapon and with serious bodily injury, violation of civil rights and obstruction of justice. All their convictions, except obstruction of justice, were upheld on appeal.
Bush has been cautious in his use of pardon powers, and particularly careful when it comes to commutations of prison terms. A pardon is an official forgiveness of a crime (typically requested at least five years after the completion of a prison term); a commutation is a reduction of sentence.
Before Monday, Bush had granted 189 pardons and nine commutations. By comparison, President Clinton granted 396 pardons and 61 commutations, many on his last day in office. President Reagan granted 393 pardons and 13 commutations.
The White House has until noon Tuesday, when President-elect Barack Obama is to be sworn in, to grant any more clemency requests. But White House Press Secretary Dana Perino said Monday's commutations would be Bush's last acts of clemency.
A number of high-profile criminals had been requesting clemency from Bush for months.
Randall "Duke" Cunningham, a former Republican congressman from California, was among those seeking a commutation. Cunningham pleaded guilty to conspiracy and other charges for accepting $2.4 million in bribes in exchange for steering defense contracts to conspirators. He was sentenced to eight years in prison in 2006.
Former Democratic Louisiana Gov. Edwin Edwards, who was convicted in 2000 on racketeering charges and later sentenced to 10 years in prison, was also appealing to the president for a reduction of sentence.
Former Republican Gov. George Ryan of Illinois was doing the same. Though he's served only one year of his 6 1/2-year sentence -- he was convicted on racketeering charges in connection with a host of schemes, including steering contracts to lobbyists and covering up bribes paid in return for truck drivers' licenses -- he's earned the support of figures like Illinois Sen. Dick Durbin, a Democrat who recently sent a letter to Bush asking for Ryan's release.
More than 2,100 clemency petitions were pending before the president. John Walker Lindh, the American who pleaded guilty to aiding the Taliban in 2002 and was sentenced to 20 years in prison, had a commutation request before the president. Lindh's parents had appealed to the president for their son's release, saying he made a "mistake."
Media mogul Conrad Black, who was convicted of fraud, was also seeking commutation, and former junk bond salesman Michael Milken, convicted of securities fraud, has requested a pardon, which is under review.
Justin Volpe, the former New York City police officer sentenced to 30 years in prison for sodomizing and assaulting a Haitian immigrant in police custody in 1997, had requested a commutation.
One of the most significant clemency decisions by Bush so far was the call earlier in his second term to commute the 30-month prison sentence of I. Lewis "Scooter" Libby, Vice President Dick Cheney's former chief of staff, who was convicted of perjury and obstructing justice in connection with the 2003 leak of then-CIA operative Valerie Plame's identity.
Libby was left with two years' probation and a $250,000 fine; he did not request a full pardon.
These bad cops appointed themselves judge, jury and executioner and thought they could get away with it because the guy was a Mexican. Fucking bastards got everything they had coming to them, glad it was a commutation and not a pardon, these scumbags will be marked as felons for the rest of their lives.
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Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.
These bad cops appointed themselves judge, jury and executioner and thought they could get away with it because the guy was a Mexican. Fucking bastards got everything they had coming to them, glad it was a commutation and not a pardon, these scumbags will be marked as felons for the rest of their lives.
These bad cops appointed themselves judge, jury and executioner and thought they could get away with it because the guy was a Mexican. Fucking bastards got everything they had coming to them, glad it was a commutation and not a pardon, these scumbags will be marked as felons for the rest of their lives.
Beyond Borders - Special Report on Immigration
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EL PASO, Texas - Border Patrol Agent Ignacio Ramos could hear his heart racing. He could feel the dry, hot dust burning against his skin as he chased a drug trafficker trying to flee back into Mexico.
Ramos' fellow agent, Jose Alonso Compean, was lying on the ground behind him, banged up and bloody from a scuffle with the much-bigger smuggler moments earlier.
Suddenly, the smuggler turned toward the pursuing Ramos, gun in hand. Ramos, his own weapon already drawn, shot at him, though the man was able to flee into the brush and escape the agents.
Now, nearly 18 months after that violent encounter, Ramos and Compean are facing 20 years in federal prison for their actions.
...
But Ramos and his family say they no longer can be silent.
"They don't throw this many charges at guys they've caught with over 2,000 pounds of marijuana," Ramos said. "There's murderers and child rapists that are looking at less time than me.
"I am not guilty. I did not do what they're accusing me of."
Speaking out
Ramos, 37, and Compean, 28, are set to be sentenced Aug. 22 for shooting Osbaldo Aldrete-Davila, a Mexican citizen, on Feb. 17, 2005, in the small Texas town of Fabens, about 40 miles south of El Paso.
A Texas jury convicted the pair of assault with serious bodily injury; assault with a deadly weapon; discharge of a firearm in relation to a crime of violence; and a civil-rights violation. Compean and Ramos also were convicted of four counts and two counts, respectively, of obstruction of justice for not reporting that their weapons had been fired.
The jury acquitted both men of assault with intent to commit murder.
But the conviction for discharge of a firearm in relation to a crime of violence requires a minimum 10-year prison sentence. The sentences for the other convictions vary.
On July 25, the U.S. Probation Office in El Paso recommended to Judge Kathleen Cardone that each man get 20 years.
Ramos, an eight-year veteran of the Naval Reserve and a former nominee for Border Patrol Agent of the Year, now has but one thing on his mind: What will happen to his wife and three young sons if he spends the next two decades in prison?
"It's (with) a leap of faith and my devotion to God that me and my family will make it through this," Ramos said as he looked at his wife, Monica, during an interview last month in El Paso.
Two things were clear throughout the interview: Ramos is convinced he was simply doing his job when Aldrete-Davila was shot, and he is perplexed about why he and his partner are being punished so severely.
Ignacio's story
Here is Ramos' version of what happened that day, Feb. 17, 2005:
Compean was monitoring the south side of a levee road near the Rio Grande on the U.S.-Mexico border in Fabens when he spotted a suspicious van driving down the north end of the road. He called for backup.
Ramos headed to Fabens, where he thought he could intercept the van at one of only two roads leading in and out of the small town.
Another agent was already following the van - with Aldrete-Davila at the wheel - when Ramos arrived.
Ramos and the other agent followed the van through the center of town until it turned back toward the Rio Grande, which marks the border between Mexico and the United States. Aldrete-Davila, unable to outrun the agents, stopped his van on a levee, got out and started running. Compean was waiting for him on the other side of the levee.
"We both yelled out for him to stop, but he wouldn't stop, and he just kept running," Ramos said.
Aldrete-Davila made his way through a canal, and Ramos could hear Compean yelling for Aldrete-Davila to stop, he said.
"At some point during the time where I'm crossing the canal, I hear shots being fired," Ramos said. "Later, I see Compean on the ground, but I keep running after the smuggler."
Through the thick dust, Ramos watched as Aldrete-Davila turned toward him, pointing what appeared to be a gun.
"I shot," he said. "But I didn't think he was hit because he kept running into the brush and then disappeared into it. Later, we all watched as he jumped into a van waiting for him. He seemed fine. It didn't look like he had been hit at all."
Seven other agents were on the scene by that time. Compean had already picked up his shell casings. Ramos did not, though he failed to report the shooting.
"The supervisors knew that shots were fired," Ramos said. "Since nobody was injured or hurt, we didn't file the report. That's the only thing I would've done different."
The van later was found to have about 800 pounds of marijuana inside.
A different take
The version of events presented by the U.S. Attorney's Office during the agents' trial differed markedly from Ramos'.
"The U.S. Supreme Court has ruled it is a violation of someone's Fourth Amendment rights to shoot them in the back while fleeing if you don't know who they are and/or if you don't know they have a weapon," said Kanof, the assistant U.S. attorney.
Ramos testified during the trial that he saw Aldrete-Davila with something "shiny" in his hand, she said, and though Ramos said in the interview for this report he thought it was a gun, he couldn't be sure, she said.
Moreover, the agents "did not know who this individual was or what he had in the van," Kanof said. "They just decided or guessed."
She then reiterated her contention that pursuing Aldrete-Davila or anyone else fleeing border agents is not part of the Border Patrol's job.
"Agents are not allowed to pursue. In order to exceed the speed limit, you have to get supervisor approval, and they did not," she said.
The prosecutor also said the men destroyed the crime scene when Compean picked up his shell casings and attempted to cover up their actions by not reporting they'd fired their weapons.
Puzzling argument
Ramos said his pursuit of Aldrete-Davila was nothing different from what he's done the past 10 years as a Border Patrol agent.
"How are we supposed to follow the Border Patrol strategy of apprehending terrorists or drug smugglers if we are not supposed to pursue fleeing people?" he continued. "Everybody who's breaking the law flees from us. What are we supposed to do? Do they want us to catch them or not?"
Ramos also said that both supervisors who were at the scene knew shots had been fired but did not file reports.
"You need to tell a supervisor because you can't assume that a supervisor knows about it," Kanof countered. "You have to report any discharge of a firearm."
Mary Stillinger, Ramos' attorney, and Maria Ramirez, Compean's attorney, said during the trial that every other Border Patrol agent at the scene also failed to report shots had been fired.
"Every single witness has a reason to lie," Ramirez said, referring to the immunity granted to Aldrete-Davila and the other agents in exchange for testifying against Ramos and Compean.
According to the U.S. Customs and Border Protection Table of Offenses and Penalties, failure to report that a weapon has been fired in the line of duty is punishable by a five-day suspension.
Ramos also is puzzled about why, more than two weeks after the shooting, a Department of Homeland Security investigator - acting on a tip from a Border Patrol agent in Arizona - tracked down Aldrete-Davila in Mexico, offering him immunity if he testified against the agents who shot at him.
Why the agent tipped the Homeland Security Department to the smuggler's whereabouts is partly explained in a confidential Homeland Security memo. Why the department and the U.S. Attorney's Office in El Paso pursued the matter so aggressively is less clear.
"Osbaldo (Aldrete-Davila) had told (Border Patrol agent) Rene Sanchez that his friends had told him they should put together a hunting party and go shoot some BP agents in revenge for them shooting Osbaldo," reads a memo written by Christopher Sanchez, an investigator with the department's Office of Inspector General. "Osbaldo advised Rene Sanchez that he told his friends he was not interested in going after the BP agents and getting in more trouble."
Neither Rene Sanchez nor Christopher Sanchez could be reached for comment. Mike Friels, a spokesman for the U.S. Customs and Border Protection branch of the Homeland Security Department, said he could not comment on the case, citing pending litigation.
...
According to the memo, Aldrete-Davila told investigators the agents shot him in the buttocks when he was trying to enter the country illegally from Mexico. But according to Aldrete-Davila's later testimony and that of the agents, he was shot after trying to evade the agents upon his re-entry into Mexico.
The memo never was disclosed to the jury.
Aldrete-Davila is suing the Border Patrol for $5 million for violating his civil rights.
Missing history
As a Border Patrol agent, Ramos has been involved in the capture of nearly 100 drug smugglers and the seizure of untold thousands of pounds of narcotics. He also was nominated for Border Patrol Agent of the Year in March 2005, though the nomination was withdrawn after details of the Aldrete-Davila incident came out.
Ramos also had drug-interdiction training from the Drug Enforcement Agency and qualified as a task force officer with the Border Patrol. But Ramos' training in narcotics - as well as the numerous credentials he had received for taking Border Patrol field training classes - was not admissible during the trial, he said.
"My husband is a good man, a loving father, and his devotion to his country and his job is undeniable," Monica Ramos said. "Prosecutors treated the drug smuggler like an innocent victim, refusing to allow testimony that would have helped my husband. The smuggler was given immunity. My husband is facing a life in prison.
"It's so frightening, it doesn't seem real."
The El Paso County Sheriff's Office has met with the Ramos family to discuss continued threats against them from people they believe to be associated with Aldrete-Davila. The Sheriff's Office also has increased patrols around the family's home.
The only other organization that has responded to the Ramoses thus far, Monica Ramos said, is the Chino-based nonprofit group Friends of the Border Patrol, chaired by Andy Ramirez.
"This is the greatest miscarriage of justice I have ever seen," Ramirez said. "This drug smuggler has fully contributed to the destruction of two brave agents and their families and has sent a very loud message to the other Border Patrol agents: If you confront a smuggler, this is what will happen to you."
TJ Bonner, president of the National Border Patrol Council, the union representing border agents, said the Border Patrol's official pursuit policy handcuffs agents in the field. He also sees the prosecution of Ramos and Compean as part of a larger effort by the federal government.
"The pursuit policy has negatively affected the Border Patrol's mission as well as public safety. Part of that mission is stop terrorists and drug smugglers," Bonner said. "They could be smuggling Osama bin Laden, drugs, illegal aliens, or it could have been just some drunk teenager out on a joyride. You don't know until you stop them."
"The administration is trying to intimidate front-line agents from doing their job," he added. "If they can't do it administratively, they'll do it with trumped-up criminal charges.
"Moreover, the specter of improprieties in the prosecution of this case raises serious concerns that demand an immediate, thorough and impartial investigation."
...
Osvaldo Aldrete-Davila, the drug smuggler who testified for the prosecution during the trials for Border Patrol Agents Ignacio Ramos and Jose Compean, has been arrested on charges of bringing more than 750 pounds of marijuana into the United States.
Aldrete-Davila was arrested today at the El Paso border crossing on charges involving what has become know as the "second load," in which he smuggled a second 750-pound load of marijuana into the U.S. after he was given immunity by the prosecutor, U.S. Attorney Johnny Sutton, for the first load.
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