U.S. border agent jailed for improper arrest of suspected drug smuggler

[ChunkyMonkey]

http://www.washingtontimes.com/news/...drug-smuggler/

A U.S. Border Patrol agent has been sentenced to two years in prison for improperly lifting the arms of a 15-year-old drug smuggling suspect while handcuffed — in what the Justice Department called a deprivation of the teenager’s constitutional right to be free from the use of unreasonable force.

Agent Jesus E. Diaz Jr. was named in a November 2009 federal grand jury indictment with deprivation of rights under color of law during an October 2008 arrest near the Rio Grande in Eagle Pass, Texas, in response to a report that illegal immigrants had crossed the river with bundles of drugs.

In a prosecution sought by the Mexican government and obtained after the suspected smuggler was given immunity to testify against the agent, Diaz was sentenced last week by U.S. District Judge Alia Moses Ludlum in San Antonio. The Mexican consulate in Eagle Pass had filed a formal written complaint just hours after the arrest, alleging that the teenager had been beaten.

Defense attorneys argued that there were no injuries or bruises on the suspected smuggler’s lower arms where the handcuffs had been placed nor any bruising resulting from an alleged knee on his back. Photos showed the only marks on his body came from the straps of the pack he carried containing the suspected drugs, they said.

Border Patrol agents found more than 150 pounds of marijuana at the arrest site.

**FILE** An unidentified man in Mexico walks near a footbridge across the Rio Grande connecting the United States and Mexico near Acala, Texas, on Aug. 4, 2010. The bridge is one of two structures at opposite ends of a towering $2.4 billion west Texas stretch of steel border fence designed to block illegal entry. Though the International Boundary and Water Commission owns the bridges, which it calls grade control structures, both are unguarded paths into the United States from Mexico. (Associated Press)
The defense claimed that the smuggling suspect was handcuffed because he was uncooperative and resisted arrest, and that the agent had lifted his arms to force him to the ground — a near-universal police technique — while the other agents looked for the drugs.

The allegations against Diaz, 31, a seven-year veteran of the Border Patrol, initially were investigated by Homeland Security's Office of Inspector General and U.S. Immigration and Customs Enforcement's Office of Professional Responsibility, which cleared the agent of any wrongdoing.

The U.S. Attorney's Office for the Western District of Texas, which brought the charges, is the same office that in February 2006 — under U.S. Attorney Johnny Sutton — prosecuted Border Patrol Agents Ignacio Ramos and Jose Compean after they shot a drug-smuggling suspect, Osvaldo Aldrete-Davila, in the buttocks as he tried to flee back into Mexico after abandoning a van filled with 800 pounds of marijuana. Aldrete-Davila also was given immunity in the case and testified against the agents.

Much more reading on the link. I say there is a traitor among us!

[Ronin13]

"Improperly lifting the arms" is unconstitutional? What!? I'm so confused. And f*** the Mexican gov, butt out, it's their fault we have all these illegals and smugglers flooding into our country. I thought it would be anything but violating his constitutional rights, I would say they should go with human rights, but the constitution really technically doesn't protect people who aren't citizens, otherwise we could hold warlords in Africa responsible for violating people's "US Constitutional rights."

[jhood001]

What a load of ****.

His pack caused more physical harm to him than the agent did?!?!? 2 years?

What a load of ****.

[sniper7]

obummer better give him a full pardon...like now

[jhood001]

I say there is a traitor among us!

After re-reading, I think there are more than a few -

The Mexican consulate in Eagle Pass had filed a formal written complaint just hours after the arrest, alleging that the teenager had been beaten.

How did the Mexican consulate even know there was an arrest of an illegal alien suspected of drug trafficking 'within hours' let alone that he had been 'beaten'?

[rockhound]

After re-reading, I think there are more than a few -



How did the Mexican consulate even know there was an arrest of an illegal alien suspected of drug trafficking 'within hours' let alone that he had been 'beaten'?

because they have dirty agents in the patrol. as much money as the cartels have they can turn more than a few i am sure.

[Guylee]

This is just sickening.

[GhostRider]

WOW!!! Really? is this what its coming to? agree with Sniper, full pardon!!!!!!

[ColoWyo]

Sick beyond belief. Unfrickinreal.