Border Patrol Agent Acquitted After Second Trial

Ramos and Compean are not the only Border Patrol agents to suffer malicious prosecutions for doing their jobs. Former agent David Sipes was convicted and fired for using "excessive force" in 2001 following trial. In 2000, responding to a sensor alarm at the border, Sipes apotted 12 -15 illegal aliens. When he ordered the group to halt, Jose Guevara, Nehemias Diaz and Evarado Sanchez fled into heavy reeds. Sipes said he was defending himself when he struck Guevara with his flashlight. Guevara needed five stitches for a cut on his head.

The federal Appeals Court ordered a retrial. "The government stated in writing the aliens were allowed to remain and work in the United States pending trial and specified that 'no other promises or advantages' had been given. That was not true."

What did the illegal aliens actually get? Social Security cards, witness fees, permits allowing travel to and from Mexico, living expenses and free use of government phones -- and a "get out of jail free card." The appeals court also found that the government failed to disclose that after Mr. Sipe's arrest and before the trial, Mr. Guevara was caught by Border Patrol agents with illegal aliens. The arresting agents released him when he displayed a card given to him by prosecutors. "Since Guevara had been granted free passage in his deal with the government, his arrest with illegal aliens was evidence that he was a transporter, as well as evidence of the extent of the government's support accorded him in order to obtain his testimony," the court said. "As the defense termed it, Guevara was given a 'get out of jail card.' "

Guevara also received $80,000 "compensation" for the cut that got 5 stitches. (5 stitches means the cut was probably less than one inch long, i.e. it likely did not "need" stitches.)

Sipes was acquitted at the new trial. Now he's trying to get his job back. Meanwhile, he's lost six years of seniority, salary - his job, his reputation, his life.

Attorney General Alberto Gonzalez and his Department of Justice have totally run amuck, prosecuting law enforcement officers for doing their jobs, and rewarding criminals for their crimes. Prosecuting those who defend US citizens and our borders - and themselves from assaults by criminals - reveals that our government has gone completely off the rails. This is becoming the "land of the lawbreaker and home of the weasel."

Violating immigration laws is a crime; immigration-law violators need to be deported and barred from re-entry. And our Border Patrol needs protection from malicious prosecution of bogus claims of "excessive force."