http://www.cnsnews.com/public/content/article.aspx?RsrcID=32940
 
Bill Seeks to Shield Law Enforcement from Border Agents' Fate
Thursday, July 24, 2008
By Fred Lucas, Staff Writer 


 
(CNSNews.com) - A Republican congressman wants to prevent another law
enforcement agent from suffering the same fate as ex-Border Patrol agents
Ignacio Ramos and Jose Compean. Both men are serving decade-long prison
sentences for shooting a fleeing illegal alien who will be sentenced next
month on federal drug smuggling charges.
 
Ramos and Compean shot Osvaldo Aldrete-Davila in the buttocks when he tried
to smuggle 743 pounds of marijuana across the Texas border near El Paso in
February 2005.
 
The severity of the sentencing resulted from the charge of discharging a
weapon during the commission of a felony, which carries a mandatory minimum
of 10 years in prison. 
 
Ramos and Compean were also convicted on charges of assault and covering up
the crime, which carried a sentencing of two years or less. The law is
typically referred to as the "924c law," for its statute number.
 
Because of the Ramos and Compean case, Rep. Kevin Brady (R-Texas) recently
introduced legislation
<http://www.govtrack.us/congress/bill.xpd?bill=h110-6367>  to exempt law
enforcement officers from being prosecuted for the discharge of a weapon if
the officer does so in the line of duty.
 
"The genesis of this was the Ramos and Compean case - the law was
misapplied," Brady told CNSNews.com. "It is supposed to apply to a criminal
who chooses to use a weapon during a crime, not law enforcement agents who
have to use their weapons to do their jobs."
 
More than 100 members of Congress from both parties have asked President
Bush to either pardon the ex-agents or commute their sentences. During
congressional hearings last year in the House and Senate, members criticized
U.S. Attorney Johnny Sutton of the Western District of Texas for lacking
prosecutorial discretion when he brought the weapons charge against the
agents.
 
Last July, three members of Congress - Republican Reps. Ted Poe of Texas,
Walter Jones of North Carolina and Virgil Goode of Virginia -- filed a
"friend of the court" brief with the U.S. 5th Circuit Court of Appeals,
which heard the Ramos and Compean appeal, saying the 924c law was misapplied
in this case. (See
<http://www.cnsnews.com/public/content/article.aspx?RsrcID=23604> Previous
Story)
 
Should Brady's proposal become law, it would not be retroactive and would
have no effect on the Ramos and Compean case. 
 
"I don't want another law enforcement officer doing their job to ever have
to worry about a 10-year prison term," Brady said. 
 
Monica Ramos, the wife of Ignacio Ramos, said she brought the misapplication
of the weapons discharge law up when she met with about 40 members of
Congress and/or staff members shortly after her husband began serving his
sentence in January 2007.
 
"I said errors were made with 924c," Monica Ramos recalled in an interview
with CNSNews.com. "This law was used and abused, and it could be used
against other law enforcement officers."
 
The bill will go first to the House Judiciary Committee. Rep. William
Delahunt (D-Mass.), who conducted a subcommittee hearing investigating the
case last year and wrote letters to Bush asking for a commutation of the
sentence, is a member of the Judiciary panel, as are Reps. Louie Gohmert
(R-Texas) and Rep. Sheila Jackson Lee (D-Texas), both of whom have
expressed sympathy for the agents. 
 
Delahunt's office could not be reached for comment. 
 
Rep. Dana Rohrabacher (R-Calif.), one of the biggest advocates in Congress
of the agents, hopes to see the law passed because he said it is "quite
obvious the original intent" of the weapons law requiring a minimum 10-year
sentence "was to send a message to criminals, not law enforcement officers,
to leave their guns at home."
 
"Clearly, the Ramos and Compean case could impact every law enforcement
officer's ability to use their weapons in the line of duty by exposing them
to a potential prosecution resulting in a mandatory decade in prison,"
Rohrabacher told CNSNews.com. 
 
Aldrete-Davila is set to face sentencing on Aug. 6 for a drug smuggling
offense separate from the one committed on the day he was shot. He pleaded
guilty in April to two counts of possession with the intent to distribute a
controlled substance, one count of conspiracy to import a controlled
substance, and one count of conspiracy to possess a controlled substance
with intent to distribute.
 
These offenses to which he pleaded guilty to occurred in October 2005. At
that time the U.S. attorney's office had given him a humanitarian pass to
enter and exit the United States unsupervised while he was under an immunity
agreement to be the lead witness against the two agents for the February
shooting. (See
<http://www.cnsnews.com/public/content/article.aspx?RsrcID=23771> Previous
Story)
 
Patty Compean, wife of jailed agent Jose Compean, said putting
Aldrete-Davila away now doesn't help matters much.
 
"We all knew Aldrete-Davila was guilty," she told CNSNews.com. "It doesn't
matter now, other than getting a doper off the street."



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