2 Illegal Immigrants Win Arizona Ranch in Court

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redhawk41

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By ANDREW POLLACK
Published: August 19, 2005

DOUGLAS, Ariz., Aug. 18 - Spent shells litter the ground at what is left of the firing range, and camouflage outfits still hang in a storeroom. Just a few months ago, this ranch was known as Camp Thunderbird, the headquarters of a paramilitary group that promised to use force to keep illegal immigrants from sneaking across the border with Mexico.

A windmill tower in Douglas, Ariz., was a lookout point for members of a group that tried to prevent illegal immigrants from crossing the border.

Camp Thunderbird is two miles from the Mexican border.

Now, in a turnabout, the 70-acre property about two miles from the border is being given to two immigrants whom the group caught trying to enter the United States illegally.

The land transfer is being made to satisfy judgments in a lawsuit in which the immigrants had said that Casey Nethercott, the owner of the ranch and a former leader of the vigilante group Ranch Rescue, had harmed them.

"Certainly it's poetic justice that these undocumented workers own this land," said Morris S. Dees Jr., co-founder and chief trial counsel of the Southern Poverty Law Center in Montgomery, Ala., which represented the immigrants in their lawsuit.

Mr. Dees said the loss of the ranch would "send a pretty important message to those who come to the border to use violence."

The surrender of the ranch comes as the governors of Arizona and New Mexico have declared a state of emergency because of the influx of illegal immigrants and related crime along the border.

Bill Dore, a Douglas resident briefly affiliated with Ranch Rescue who is still active in the border-patrolling Minuteman Project, called the land transfer "ridiculous."

"The illegals are coming over here," Mr. Dore said. "They are getting the American property. Hell, I'd come over, too. Get some American property, make some money from the gringos."

The immigrants getting the ranch, Edwin Alfredo Mancía Gonzáles and Fátima del Socorro Leiva Medina, could not be reached for comment. Kelley Bruner, a lawyer at the law center, said they did not want to speak to the news media but were happy with the outcome.

Ms. Bruner said that Mr. Mancía and Ms. Leiva, who are from El Salvador but are not related, would not live at the ranch and would probably sell it. Mr. Nethercott bought the ranch in 2003 for $120,000.

Mr. Mancía, who lives in Los Angeles, and Ms. Leiva, who lives in the Dallas area, have applied for visas that are available to immigrants who are the victims of certain crimes and who cooperate with the authorities, Ms. Bruner said. She said that until a decision was made on their applications, they could stay and work in the United States on a year-to-year basis.

Mr. Mancía and Ms. Leiva were caught on a ranch in Hebbronville, Tex., in March 2003 by Mr. Nethercott and other members of Ranch Rescue. The two immigrants later accused Mr. Nethercott of threatening them and of hitting Mr. Mancía with a pistol, charges that Mr. Nethercott denied. The immigrants also said the group gave them cookies, water and a blanket and let them go after an hour or so.

The Salvadorans testified against Mr. Nethercott when he was tried by Texas prosecutors. The jury deadlocked on a charge of pistol-whipping but convicted Mr. Nethercott, who had previously served time in California for assault, of gun possession, which is illegal for a felon. He is now serving a five-year sentence in a Texas prison.

Mr. Mancía and Ms. Leiva also filed a lawsuit against Mr. Nethercott; Jack Foote, the founder of Ranch Rescue; and the owner of the Hebbronville ranch, Joe Sutton. The immigrants said the ordeal, in which they feared that they would be killed by the men they thought were soldiers, had left them with post-traumatic stress.

Mr. Sutton settled for $100,000. Mr. Nethercott and Mr. Foote did not defend themselves, so the judge issued default judgments of $850,000 against Mr. Nethercott and $500,000 against Mr. Foote.

Mr. Dees said Mr. Foote appeared to have no substantial assets, but Mr. Nethercott had the ranch. Shortly after the judgment, Mr. Nethercott gave the land to his sister, Robin Albitz, of Prescott, Ariz. The Southern Poverty Law Center sued the siblings, saying the transfer was fraudulent and was meant to avoid the judgment.

Ms. Albitz, a nursing assistant, signed over the land to the two immigrants last week.

"It scared the hell out of her," Margaret Pauline Nethercott, the mother of Mr. Nethercott and Ms. Albitz, said of the lawsuit. "She didn't know she had done anything illegal. We didn't know they had a judgment against my son."

This was not the first time the law center had taken property from a group on behalf of a client. In 1987, the headquarters of a Ku Klux Klan group in Alabama was given to the mother of a boy whose murder was tied to Klansmen. Property has also been taken from the Aryan Nations and the White Aryan Resistance, Mr. Dees said.

Joseph Jacobson, a lawyer in Austin who represented Mr. Nethercott in the criminal case, said the award was "a vast sum of money for a very small indignity." Mr. Jacobson said the two immigrants were trespassing on Mr. Sutton's ranch and would have been deported had the criminal charges not been filed against Mr. Nethercott.

He criticized the law center for trying to get $60,000 in bail money transferred to the immigrants. While the center said the money was Mr. Nethercott's, Mr. Jacobson said it was actually Ms. Nethercott's, who mortgaged her home to post bail for her son.

Mr. Nethercott and Mr. Foote had a falling out in 2004, and Mr. Foote left Camp Thunderbird, taking Ranch Rescue with him. Mr. Nethercott then formed the Arizona Guard, also based on his ranch.

In April, Mr. Nethercott told an Arizona television station, "We're going to come out here and close the border with machine guns." But by the end of the month, he had started his prison sentence.

Now, only remnants of Camp Thunderbird remain on his ranch, a vast expanse of hard red soil, mesquite and tumbleweed with a house and two bunkhouses. One bunkhouse has a storeroom containing some camouflage suits, sleeping bags, tarps, emergency rations, empty ammunition crates, gun parts and a chemical warfare protection suit.

In one part of the ranch, dirt is piled up to form the backdrop of a firing range. An old water tank, riddled with bullet holes, is on its side. A platform was built as an observation post on the tower that once held the water tank.

Charles Jones, who was hired as a ranch hand about a month before Mr. Nethercott went to prison, put up fences and brought in cattle to graze. He has continued to live on the property with some family members.

But now the cattle are gone, and Mr. Jones has been told that he should prepare to leave. "It makes me sick I did all this work," he said.

Ms. Nethercott said she was not sure whether her son knew that his ranch was being turned over to the immigrants, but that he would be crushed if he did.

"That's his whole life," she said of the ranch. "He'd be heartbroken if he lost it in any way, but this is the worst way."

http://www.nytimes.com/2005/08/19/national/19ranch.html
 
The jury deadlocked on a charge of pistol-whipping but convicted Mr. Nethercott, who had previously served time in California for assault, of gun possession, which is illegal for a felon. He is now serving a five-year sentence in a Texas prison

hrmmmm.....
 
Eghad: I noticed that too... still not convinced this was the right decision - $850,000 is quite a large award... there is very little information on the circumstances... but when one of the guys is an ex-con, now in jail, it doesn't sound like these guys were fine, upstanding citizens.
 
The Strange Case Of Casey Nethercott

by Carl F. Worden

In what may be the first documented case of a non-terrorist, American citizen being held without charges under terms of the so-called "Patriot Act", Arizona rancher Casey Nethercott was arrested March 1, 2004 by exclusive and arbitrary order of Arizona Governor Janet Napolitano.

Using a "Governor’s Warrant" to hold Nethercott without charges in the Pima County Jail located in Tucson, Arizona, Nethercott was released to the State of Texas on March 22, 2004. According to the records clerk of the Pima County Jail, no one knows where in Texas Nethercott was taken. In fact, she informed me that Nethercott would have to call someone to let him or her know where he is being held. That is, of course, only if Nethercott is allowed to make a telephone call.

Nethercott is a member of Ranch Rescue, the citizens group organized by Jack Foote, which has been using volunteers along the American southern border to capture and detain illegal aliens entering this nation for our undermanned Border Patrol. If the allegations of Ranch Rescue are true, Arizona Governor Napolitano used provisions of the Patriot Act to arrest Nethercott for activities having nothing to do with terrorism, and having everything to do with Napolitano’s personal and opposing position on how matters of illegal immigration should be handled.

Hey, pinch yourself and remember that the term, "Terrorist" is not a well-defined term, and is therefore quite subjective. For example, you may recall that King George bestowed that term on our future first president, George Washington and his merry band. Perhaps Governor Napolitano thinks a terrorist is anyone who disagrees with her. The standing rule of all law is that if it can be abused, it will be abused.

You may recall the arrest of American citizen Jose Padilla, who has been held incommunicado in a Navy Brig for over 2 years under provisions of the Patriot Act, and by direct Executive Order of President George W. Bush.

Padilla was fingered by sources in Pakistan, claiming he was a terrorist with orders to detonate a "dirty" radiological bomb somewhere here in America. Federal authorities arrested Padilla when he arrived at O’Hare Airport in Chicago. Padilla had never been in combat with American or our allied forces, yet by order of President Bush, he was labeled an "Enemy Combatant", and has been held all this time without any charges being filed against him.

In defiance of a recent federal judge’s order, Padilla has been denied his right to legal counsel, and his accusers have never been forced to reveal the "evidence" they have against him. Obviously, Padilla has also been denied his most basic right to a trial by a jury of his peers.

I wrote an article on the Padilla Case over a year ago, titled, "The Padilla Test Run", because that’s exactly what it was. The Bush Administration and John Ashcroft’s Justice Department wanted to see to what extent the average American would accept blatant civil rights violations following the terror attacks of 9/11/2001, and they were not disappointed.

Just as most Americans accepted the government’s unnecessary and cruel internment of Japanese-Americans following the attack on Pearl Harbor during World War II, today’s American citizen is more than willing to accept violations of a fellow citizen’s most basic civil rights — if doing so somehow makes them more "safe" from domestic terrorist attack.

It is a hard, irrefutable fact that no American citizen outside of a select few employees of the federal government actually knows that Padilla planned to do anything the government publicly alleges.

We don’t know if the source in Pakistan got money for falsely fingering Padilla, and we don’t know if this government actually has any hard evidence of criminal intent by Padilla. We don’t know jack about the Padilla Case — except what we’re being told — and despite all the lies this government has been caught telling the American public over the past 40 years!

From Viet Nam’s bogus Bay of Tonkin incident to Waco, to Ruby Ridge, to Iraq’s non-existent weapons of mass destruction, you’d think we’d all have learned to question everything this government tells us — unless they can prove it with hard evidence. But all the average mindless American needs to hear right now is the word "Terrorist" applied to any fellow citizen in order to disregard his share of the Constitution and Bill of Rights.

Now we have the Casey Nethercott Case, where Nethercott was never a traveler to any terrorist-sponsoring nation, and is not publicly alleged to have presented any terrorist threat to America whatsoever. Nevertheless, he was held without charges in the Pima County Jail for 3 weeks on a "Governor’s Warrant" that I’ve never heard of, and he has since disappeared into the bowels of Texas somewhere.

In order to pull this off, it sounds very suspiciously like the folks at Ranch Rescue are correct in accusing Governor Janet Napolitano of abusing the Patriot Act to punish an American citizen for nothing more than actively opposing her political and ideological sentiments. Now if true, that is dangerous ground indeed.

I know of fellow American citizens who are so pathetically naive they actually wrote me their belief that our government would never abuse the outrageously unconstitutional provisions of the Patriot Act against innocent American citizens. Well now you have your answer. Go tell it to Casey Nethercott and his loved ones.

http://www.jpfo.org/unpopularsp-worden-casey.htm
 
Officials glad vigilante is behind bars

Web Posted: 05/04/2005 12:00 AM CDT

Jesse Bogan
Express-News Border Bureau

HEBBRONVILLE — Few law enforcement officials in Arizona and Texas will miss Casey Nethercott and the armed patrols he participated in near the U.S.-Mexico border.

"The tears have all dried up" over Nethercott's April 18 imprisonment, is how Rod Rothrock, a Cochise County, Ariz., sheriff's commander, put it.

"He had advertised that he would be conducting some type of armed border enforcement mission in June or July," Rothrock said by phone this week. "The fact that all of this apparently now is not going to happen because Mr. Nethercott is in Texas is one less worry that we have."

Nethercott, 37, a former bounty hunter from California, began a five-year prison term for being a felon in possession of a firearm.

He has been in and out of the legal spotlight since a notorious stint on the Sutton Ranch near here in 2003 with Ranch Rescue, a group that deploys armed patrols to protect private property from undocumented immigrants and drug smugglers.

Joe and Betty Sutton invited the group because they were frustrated with immigrants trespassing on their land. Yet, according to court testimony, the couple rarely gave U.S. Border Patrol agents permission to enter their property.

Soon after Ranch Rescue arrived, Nethercott was arrested after two Salvadoran immigrants who were escorted off the Sutton Ranch at gunpoint said "soldiers" mistreated them. One said Nethercott pistol-whipped him.

A Jim Hogg County jury deadlocked on the resulting charge of assault with a deadly weapon but found him guilty of the gun possession charge.

The incident spawned a lawsuit that was settled in December for $100,000 from the Suttons, their attorney said. Nethercott and Ranch Rescue founder Jack Foote received a combined $1,350,000 default judgment for not responding to the lawsuit.

Nethercott said he planned to appeal his conviction. He was released and went to his 40-acre ranch in Arizona near the Mexican border. Neighbors there complained about gunshots from a firing range on his property and Border Patrol agents accused him of threatening them, officials said.

Authorities arrested Nethercott at a grocery store parking lot, during which an FBI agent shot a 22-year-old man who was with him. The man survived. Nethercott was in jail for five months before he was cleared in the Arizona incidents.

Because he never filed an appeal, he was arrested April 18 when he returned to Hebbronville for a hearing on the pistol-whip accusation, which prosecutors were considering for retrial. They decided not to pursue it.

"We were satisfied with the five-year sentence," said Rudy Gutierrez, the county's first assistant district attorney.

He described Nethercott as a con man and "gun nut" who savored the limelight.

"I think we will hear from him again, but hopefully we won't hear from him down here," Gutierrez said.

Nethercott's attorney, Joseph Jacobson, was not available for comment.

Morris Dees, chief trial counsel for the Alabama-based Southern Poverty Law Center, which represented the Salvadorans in the suit, said he was satisfied with the $100,000 settlement, all of which went to the immigrants.

"They didn't have any broken ribs or bones and they weren't shot, so the amount of money ... does certainly compensate them for the injuries," he said. "It is more than they would get in a lifetime living in El Salvador."

He said the case should warn border-area ranchers not to bring vigilantes onto their property.

Joe Sutton's attorney, Edward Watt, said the money was much less than the plaintiffs had sought.

"They couldn't keep their stories straight," Watt said of the immigrants' testimony in the criminal case.

Sutton's insurance covered the settlement, he said, adding, "I don't know if they will ever collect a dime" of the judgment against Foote and Nethercott.

Ranch Rescue continues to promote missions on its Web site, such as "Operation Eagle" this spring and summer in Arizona.

http://www.mysanantonio.com/news/metro/stories/MYSA050405.1B.ranch_rescue.23cc5d704.html
 
Ranch given to wetback illegals

The Federal refuse to stop the influx of illegal invaders, others take the law into their own hands because the Feds
do nothing, The Southern Poverty Law Center sticks its nose in and legally steals a man's $120,000 ranch, The law and Border Patrol detest anybody doing what they can't or won't do, and the jailed man sounds like he continually uses poor judgement.

My poor little farm isn't worth a eighth of a million bucks but its ours and worth fighting and dying for. Going to be more and more trouble unless the ACLU and the SPLC isn't
set down, declawed, marked and branded and turned out with the dry cows,
 
Oh great nothing like breaking out the racial epithets. :rolleyes:

My take on it: Nut job playing commado, past history of violence, didn't make an attempt to defend himself in court. Instead of getting his buddies together and trying to scare the tresspassers the person who found them should have detained them and just called the sheriff. I doubt the judgement would have been as severe as it were had he not had a record and made statements like the one about closing borders with machine guns. When you have a history like his, I'd try to stay within the law.
 
I just got physically ill upon reading this story...

A ranch owner sick of illegals on his land detains two of them, has the kindness to not even turn them over to the Border Patrol, and gives them COOKIES, WATER AND A GOT DANG BLANKET!

They report it and take his ranch from him. He is now in jail for 5 years. They could go back to El Salvador and live the rest of their lives in relative comfort.

So tell me government, what do we do when trespassers cut the fences and kill the cows and trash the land? Call the Border Patrol so they can toss them back and have them come back hours later? Some of the farms down there are literally ruined because the illegals cross over them every night.

We need the National Guard to patrol down there, and build a Great Wall of Texas!
 
This poor ranch owner is a convicted felon, who was using a firearm to detain illegals. Why on earth would you believe that a violent criminal, who broke the law to possess a gun, wouldn't commit acts of violence against people he hates (ie, illegals)?

That's why he's in jail, that's why he lost the suit. Seems pretty clear cut to me. US law forbids us from doing certain things to non-citizens too, so I don't see the injustice in punishing someone for it.

Ironically, it looks like this joker guaranteed the immigrants legal status by doing what he did. Looks like Ranch Rescue's man in the spotlight not only committed a felony, but also gave an excuse for two more immigrants to remain legally in the US who wouldn't otherwise have been able to avoid deportation.
 
I'm hotter than a 2-dollar pistol right about now, and I'm gonna sensor, but insert what you think might fit if you see the appropriate location.

What in the % is going on with these people?!!! I don't particularly care if he gave them a stern lecture or beat the holy bejeezus out of them.They are NOT SUPPOSED TO BE HERE!!! I don't know the details of what happened to these poor, helpless, tramatized ILLEGAL IMMIGRANTS when they CROSSED THE US BORDER ILLEGALLY, but I'm getting % tired of law being twisted and manipulated to the point that the average AMERICAN CITIZEN is the only one without rights or protection. Hell, catch me on a particularly bad day and I would probably be capable of saying a lot worse than defend the borders with machine guns. Oh, say maybe like one day passing through Washington state at a convenience store who had a "help wanted" sign on the door which included "MUST speak Spanish"... Or another particular day in Colorado when I was going through the check-out line (had to recharge a phone card) and the woman ringing me up (hispanic) started speaking to me in Spanish... Mind you, I'm 6'1", with light skin, blond hair, blue eyes... I said "lady, do I LOOK like a Mexican?" She had to go get someone else to tell her what I was saying... I was not happy.

This kind of legal action makes me sick. Sure, maybe the guy needed to be locked up---BUT SEND THE ILLEGALS PACKING TOO!!! Instead they're being rewarded for invading our country, abusing our system, and too many are not only allowing it, but even promoting it! Rediculous...
 
The guy should have gotten locked up, he commited a crime (possesion of a gun with prior felony) but the illegals should be deported.......even though it won't do any good because they will be back over the border in 3 hours.

Deporting illegal immigrants is NEVER going to stop anyone from crossing the border illegally! It leaves them right back where they started so that they can do it again because they know that we can't catch them every time.

Sometimes I wish that we could declare illegal immigration an invasion of our country.

Oh, and the fact that they sometimes don't even bother to speak english....and buisnesses STILL hire them because of all the other people who don't speak english really gets me worked up.
 
Soybomb,
Oh great nothing like breaking out the racial epithets.
I can only assume you are referring to Cuate’s use of the term “wetback”. The term is valid, correct and accurate as these El Sal’s had to actually cross a river (hence the term wetback) in order to illegally cross from Mexico into Texas. The term is not a slur and shouldn’t be considered one. BTW, I would agree with you that it could be viewed as a slur if it (a term for illegal alien) was used to refer to a legal Hispanic individual.
 
We need the National Guard to patrol down there, and build a Great Wall of Texas!


Actually, I think this sounds like an excellent idea! Why the hell not? Has this been proposed in any kind of realistic way, during this whole historic problem of illegal immigration?

I suppose that Vicente Fox would bitch and moan about it -- as though the U.S. does not have the right to protect itself from being overrun by the folks his government is too inept to make sure have jobs and can feed their rugrats. Mexico is a farce of a country, with ABSURD levels of corruption and crime in every corner of it. And they get indignant when we do things to put a stop to them illegally entering our country.

And Mexico can't or won't do anything about the crime and corruption that plague it, because criminals are the ones who are in the positions that are supposed to eliminate both!


-blackmind
 
Here in s. Florida, the dominant supermarket, Publix, hires loads of hispanic workers -- many of whom don't speak much, if any, English.

They seem to like to put them in the sandwich shop part of the deli, where they can look at you like you have four noses when you try to tell them what you want on your sandwich.

Only recently, I was back in the store I usually go to and finally it seemed that they had some actual American girls working the counter. I was incredibly relieved to finally get someone who actually belongs in a customer-service position working to earn my money.

-blackmind
 
I can only assume you are referring to Cuate’s use of the term “wetback”. The term is valid, correct and accurate as these El Sal’s had to actually cross a river (hence the term wetback) in order to illegally cross from Mexico into Texas. The term is not a slur and shouldn’t be considered one. BTW, I would agree with you that it could be viewed as a slur if it (a term for illegal alien) was used to refer to a legal Hispanic individual.
To each his own, but I tend to think people genereally use words like that as a slur, not as an acurate description of one's physical state. I don't believe one can use it without implied offense. When I see a major newspaper article with the headline "37 Wetbacks Deported and Given Towels" I'll agree that its not a slur.

Houghton Mifflin Company Dictionary
http://www.answers.com/wetback&r=67
wet·back (wĕt'băk')
n. Offensive Slang.
Used as a disparaging term for a Mexican, especially a laborer who crosses the U.S. border illegally.
[From the fact that the Rio Grande is a common entry point.]
 
"wetback"

Personally, I don't care if it IS used as a slur--it offends me how they have infested so much of my own country that there's almost nowhere left to go where you WON'T find them. THAT, I find offensive. What else I find offensive is that 35% of my income goes to taxes (which millions of illegals never pay), a portion of said taxes go to state and federal programs that support and protect the people most likely to abuse the programs (one person out of 12 in a household who have citizenship and all of a sudden the system is supporting them and their 5 kids, while 2 brothers and 4 cousins sneak across and live there courtesy of the US tax payer). Another portion of said taxes goes to state and federal programs and departments specifically designed to prevent such illegal intrusion---and it's about as effective as using a pool cue to keep the rain off. IMHO, I see illegal immigration as an invasion. They invade our country, they invade our cities, they invade our jobs, the neighborhoods where we live, and quite often enough, they invade our own homes and property. Yes, THAT offends me.
 
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