http://www.officer.com/article/article.jsp?siteSection=5
<http://www.officer.com/article/article.jsp?siteSection=5&id=35393>
&id=35393
Texas Deputy Who Shot at Fleeing Illegal Immigrants Gets Prison

DEL RIO, Texas-- A federal judge sentenced Edwards County Sheriff's Deputy
Guillermo F. Hernandez to prison instead of probation Monday, crushing the
hopes of his family and more than 100 supporters from his hometown waiting
outside the courthouse to welcome him home.

Visiting U.S. District Judge Robert T. Dawson sentenced Hernandez, known as
Gilmer, to a year and a day in prison for shooting at a fleeing vehicle that
was transporting undocumented immigrants through his hometown of Rocksprings
nearly two years ago.

Hernandez's case gained nationwide attention after a jury convicted him Dec.
1 of violating the civil rights of one of the passengers, who suffered minor
facial injuries in the shooting.

"He was just doing his job," said his wife, Ashley, who broke down in tears
following the judge's order. "Gilmer had faith in the law and they still do
this."

Supporters waited two hours outside the federal courthouse here to learn
Hernandez's fate. They had traveled 80 miles from Rocksprings, population
1,250, carrying signs saying, "Please Let Gilmer Come Home," "Protect Our
Lawmen," and "Free Gilmer." The 25-year-old former deputy has been held
without bail.

Defense attorney Jimmy Parks Jr. said although Dawson denied pleas for
probation, the judge did deviate from federal sentencing guidelines that
made the former deputy eligible for up to nine years in prison.

Parks said he plans to appeal, arguing Hernandez is innocent because he
didn't intend to hurt anyone when he shot at the fleeing Chevrolet Suburban.

"We're disappointed that the court did not impose probation," said Paul
Kamenar, senior executive counsel for the Washington Legal Foundation, which
filed a brief late last week in support of Hernandez. "But we're glad that
the court rejected the government's draconian recommendation that he serve
approximately six years in prison."

Kamenar said the sentence is just another "bad message" federal prosecutors
are sending to the local law enforcement community in South Texas.

He said many are still upset with U.S. Attorney Johnny Sutton's office for
prosecuting U.S. Border Patrol agents Ignacio Ramos and Jose Alonso Compean
for shooting a drug-smuggling suspect in the buttocks as he attempted to
escape.

 



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