Shooting of Drug Smuggler by Border Patrol Agents part 2

E

Eghad

New member
More info on the case.........I believe the other thread was locked? I was listening to the radio When Cong. Poe talked to the radio host about this.

"Aldrete did not appear in court Thursday. But his lawyer, Walter Boyaki, who represents him in a lawsuit against the government, spoke. Boyaki said that his client, a truck driver by trade, was incapacitated by the bullet, which shattered his urethra, and cannot work."

http://www.elpasotimes.com/news/ci_4519823

Now what the El paso times did not tell you.

I was listening to a talk show on radio from Houston Today. The Guest was Congressman Ted Poe who was a Judge from that area. Here is an editorial from his official website

http://www.house.gov/poe/op-ed/borderagents.htm

now his lawyer has said that he is not able to work.......

"One of the most disturbing aspects in the prosecution of this case was that the illegal drug smuggler, Osbaldo Aldrete-Davila, was granted full immunity to testify against U.S. Border Agents, Ramos and Compean."
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it gets even better...

While waiting free to testify, Aldrete-Davila was arrested again for drug smuggling and once again given immunity from the prosecutor.
Click to expand...

Mr. Poe and some other Congressional represenatives have a letter into the DOJ and White house asking for a review of the case. In his interview he stated that he had met with the DOJ who were supposed to show him new evidence in the case. Cong. Poe said he was shown documents but no new evidence.

Sounds like Mr Aldrete is making a chump of the US DOJ with the second immunity deal.

Will he get immunity the third time?
 
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I've not kept up with the story. Why was the smuggler shot? Did he present a threat of lethal force? Just curious as I'm ignorant on the matter
 
They shot a guy in the rear, picked up their brass, and went about their business like it never happened. If they had called it in and filled out the paperwork they would not be in this mess.

12 years in the slammer seems like a heavy price to pay because they were too lazy to do the work to make it a kosher shoot, but what do they expect?

They shot the guy and covered it up so they go to jail. Seems right to me...
 
I wasnt defending the two border patrol officers. It doesnt bother you that the guy got immunity for a second crime of smuggling illegal drugs across the border? This occured after he was given immunity the first time. How about some jail time for this guy also. If the case is appealed will the DOJ give him immunity a third or fourth time?

That is really protecting the borders.... Is our DOJ working for the Ameican citizens or the Mexican Goverment and Drug cartels?
 
I guess, Eghad, it's news to you that the government routinely arrests middle-level drug dealers and gives them some form of immunity for identifying lower-level dealers and even users, so that they can avoid some stiff minimum mandatory sentences, leaving such sentences for lesser criminals to enjoy. Once in a while, they name someone not involved.

I call that a dirty trick. And that's why I advocate juror nullification. Dirty tricks have to be fought using dirty tricks. Remember, justice is intended to be an adversary system.
 
No its not news as 90% of the crimes in the US result in a plea bargain. Was the case so weak that the DOJ had that they gave the guy immunity a second time?
 
I can't imagine they'd grant immunity to anybody unless that was their only way to get a conviction. That implies a weak case, with more than meets our eyes at work.

That having been said, I AGREE with their granting of immunity, on a good-for-the-goose basis. Either you want the DOJ playing this game or you don't. I don't.

This case points out that several aspects of dirty-trick justice can backfire when the creation of law goes overboard by screaming "activist judges" and attaching mandatory minima to everything.

One of the very reasons that 90+% of cases are plea bargained is that we have gotten far far away from law that is designed to protect actual victims from actual crime, and law has become a social engineering tool. The courts can't handle that job, so the law has to encourage a plea, and we have mandatory minima as a stick.
 
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Eghad,

Sorry for the mini-hijack there. I just wasn't sure of the beginning of the story. I totally agree with the frustration about catching this guy a second time and granting immunity against that charge.
 
One of the very reasons that 90+% of cases are plea bargained is that we have gotten far far away from law that is designed to protect actual victims from actual crime, and law has become a social engineering tool. The courts can't handle that job, so the law has to encourage a plea, and we have mandatory minima as a stick.
Click to expand...

The criminal justice system consists of the police and the courts which include the judge and the attornies for the people/state. The police work on the standard probable cause for an arrest. The court works on the standard of proven guilty beyond a reasonable doubt. There is a gap between probable cause and beyond a reasonable doubt. The DA needs reasonable doubt to win in court. All the police had to do was show probable cause to arrest him. If that gap can not be bridged it can come down to a choice of letting him walk or keeping him off the streets for a while.
 
Maybe this prosecutor is using his prosecutorial discretion because, in his opinion, whatever it is that actually happened is more important than the drug smuggling.

I'm very curious, though, about what kind of work Aldrete does that he can no longer do because of his shattered urethra.
 
Gee.... thats interesting.

Guess the "alleged" drug smuggler wasn't so alleged as some had suggested. :rolleyes:

Once again these two guys shouldn't have covered it up. That said its too bad the bullet didn't hit about a foot higher.
 
I'm very curious, though, about what kind of work Aldrete does that he can no longer do because of his shattered urethra.
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he was a truck driver who smuggled drugs....

It was abvious that he is able to work because he was caught smuggling drugs a second time after he was released from medical for his wounds...lol. I guess the drug cartels in mexico have a lucrative disabilty plan, no smuggling no pay.
 
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