Should Bush Have Commuted Sentences of Ignacio Ramos and Jose Compean?

January 20, 2009

On Monday, President George W. Bush made a surprise move during his last full day in office when he commuted the sentences of two former Border Patrol agents who have been in prison since 2005 when they were convicted of shooting a Mexican drug dealer.

According to the commutation order, Ignacio Ramos, 39, and Jose Alonso Compean, 32, will both be released from prison on or about March 20.

The incident resulting in both Ramos' and Compean's incarceration occurred near the unincorporated Fabens settlement in El Paso County, Texas, on Feb. 17, 2005. On that day, the two men were patrolling the border when they stopped a van containing several hundred pounds of marijuana. The alleged driver of the van, Osvaldo Aldrete Dávila, jumped out of the vehicle and ran away, during which time both Ramos and Compean drew their weapons and shot at Dávila a total of 15 times. They later claimed they thought he was armed. Compean's shots missed; however Ramos managed to shoot Dávila in the buttocks before he crossed over into Mexico.

Following the incident, Ramos and Compean filed a false investigative report, disposed of their shell casings, and lied to their supervisor.

Dávila later filed a complaint against Ramos and Compean, and the two were arrested. A two-week-long trial ensued, and a jury found both men guilty of civil-rights violations and discharging a firearm during the commission of a violent crime. Ramos was sentenced to 11 years in a federal prison, and Compean was sentenced to 12.

Both men filed an appeal with the United States Court of Appeals for the Fifth Circuit in New Orleans; however, both appeals were rejected.

The sentencing of the two agents caused a lot of controversy, which led several members of Congress to ask for a presidential pardon. While they publicly stated they did not condone the agent's actions, they thought the sentences were too harsh. United States Attorney Johnny Sutton, the prosecutor who handled the case, disagreed. In a Jan. 2007 press release, he wrote:

"United States Border Patrol agents are some of America's most unsung heroes. They have an enormously difficult job and, at times, they face great danger. The law recognizes that agents will make mistakes and the government takes responsibility for good faith mistakes made in the line of duty. But no agent is given license to willfully shoot an unarmed, fleeing suspect in the back simply because the job is difficult, dangerous or important."

Bush's decision to commute Ramos' and Compean's sentences brings his total number of commutations to 10. His predecessor, Bill Clinton, granted 61.

While many members of Congress and groups opposing illegal immigration are thrilled by Monday's development, others are angered that the two men have been portrayed as heroes.

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Comments

[ANN]

THEY SHOULD HAVE BEEN PARDONED NOT COMMUTED AND GIVEN AWARDS AND RAISES!!!!

[Kevin]

The shooting is one thing, but the officers' attempts to cover up their initial transgression is enough for me to say no.

[Rhonda M]

It's a shame that people think it's okay to shoot an unarmed (fleeing) human being in the back just because he's not the "right" nationality or because he's a criminal.

[Gracie]

No good deed goes unpunished. I wonder how gently the Mexican government would've treated American drug thugs coming over the border, failing to obey Mexican LE orders. Innocent Americans have been held in nasty prison conditions for years in Mexico awaiting enough "get out of jail money" from their family over simple car accidents. When does the word of a person committing a crime hold so much weight in our courts system? Paaa-leeeze!!

I am ashamed that Bush took so long to do anything, and disappointed that these two men's attorneys did not press sooner for the commutation. He should have sharply reprimanded them for the coverup (desk job, etc.), but pardoned them as soon as the trial was over. That is what I thought he said a few years back. If I remember right it was, "I am awaiting the full legal process to be completed to make a decision".

The shooting (especially in light of the fact that they had often had to take cover from illegals and criminals shooting at them) and coverup are two separate incidents. Unfortunately, these men knew what kind of justice they would receive before the fact.

[Bettttt1]

Bump, Bump, to pardon's ,
these guy's were doing there job, we have enough problem's we the people don't need mexico's drugs, or illegal's!!!!!!!!!!

[Andrea]

If the man wouldn't have been trafficking illegal narcotics, he wouldn't have had to worry about being shot. Sometimes people forget the obvious!

[Kim]

I don't understand you people. The fact he was allegedly bringing drugs in and was an imigrant has nothing to do with anything. Another wrong does not make a right. Fact is, they shot an unarmed man and then lied about it.

[Mary Steele Yorktown VA]

They should have been released a lot sooner. What they did was punishable under administrative actions, not criminal.

If you want to go after somebody, go after the prosecuting attorney who covered up the second drug bust and still allowed the drug smuggler to testify he was not a drug dealer. He also kept that bust away from the defendants which is also illegal since that was evidence that could have been used to impeach his credibility. Jurors said that if they knew of the second bust things would have been different!!