5th Circuit Court of Appeals Upholds Conviction of Border Patrol Agents

Don Purdum
Post Editor

July 29, 2008

The United States Court of Appeals for the Fifth Circuit upheld seven of the twelve charges against Border Patrol Agents Ignacio Ramos and José Compean, including one with a mandatory minimum sentence of ten years for discharging a firearm during the commission of a crime of violence. Romas and Compean were convicted two years ago of shooting an unarmed illegal immigrant and lying about it.

In the appellate decision, it states:

"The two men were engaged in routine law enforcement along the United States- Mexico border near Fabens, Texas, when they became involved in chasing an alien drug smuggler driving a van as he speeded toward the Mexican border. After the drug smuggler abandoned the van and began to run on foot toward the Mexican border, the agents gave chase, fired their weapons at him several times, and hit him once, but the wound did not prevent his escape into Mexico."

Furthermore, it states, "At trial, the facts were sharply and hotly disputed. The government’s evidence showed that the agents had no reason to shoot the drug smuggler—that he had abandoned his van loaded with marijuana, that he was running on foot back to Mexico, that he posed no physical threat to either officer, and that he was shot in the buttocks. It is well established that the Fourth Amendment to the United States Constitution does not permit officers to shoot a fleeing suspect unless the suspect poses a threat to the physical safety of the officers or to the public."

In upholding the juries verdict, the judges said in concluding remarks, "We conclude. For the most part, the trial of this case was about credibility, and although the jury could have gone either way, it chose not to believe the defendants’ version of the crucial events of February 17."

To review the entire 45 page document, click here