Ballistics evidence in the case against Border Patrol Agents Ignacio Ramos and Jose Compean does not match the prosecutions arguments according to research done by Andy Ramirez, chairman of the Friends of the Border Patrol. In addition, Mr. Ramirez notes that proper evidence handling wasn't followed in the case because the prosecutor Johnny Sutton had the ballistic evidence run through the Texas Department of Public Safety instead of the federal agency that handles all federal cases, the FBI.
The complaint filed against the two agents included statements that ballistic evidence confirmed that the bullet had come from Ramos' weapon. Ballistics evidence, as reported by the criminalist who studied the bullet, was inconclusive as to even what type of weapon fired it.
[J. J. Correa, a Criminalist IV with the Texas DPS El Paso Laboratory, March 18, 2005] could not positively identify Ramos's weapon as the one that fired the submitted bullet. His report concludes:
The copper-jacketed bullet was fired from a barrel having six lands and grooves inclined to the right. The manufacturer of the firearm that fired the copper-jacketed bullet is unknown, but could include commonly encountered models of .40 S&W caliber FN/Browning, Beretta, Heckler & Koch, and Ruger pistols.
"For some unexplained reason, U.S. Attorney Sutton had the ballistics test performed by the Texas Department of Public Safety in El Paso, rather than by the FBI," he said. "This was a federal issue that should have gone to the FBI and only to the FBI. The Texas Department of Public Safety had no business running a ballistics report on a federal case. The FBI handles all shooting incidents, whether it involves assaults or otherwise, concerning federal agents. DPS should have refused the case and demanded that the bullet be picked up by the FBI for analysis.
On top of all this WND really did their homework on researching this one. Looking into the report from the US Army doctor who removed the bullet from drug smuggler Osbaldo Aldrete-Davila after he was returned to the US with immunity to testify against the agents.
The Army doctor's description of the wound directly contradicts U.S. Attorney Sutton's repeated claim that agents Ramos and Compean shot Aldrete-Davila in the back.
The doctor clearly stated that the wound he observed was consistent with Aldrete-Davila turning to assume a "bladed position" with his left arm extended back toward the officers. This corroborates agent Ramos and Compean's claim they observed Aldrete-Davila turning back toward them while fleeing, extending his arm and holding an object in his hand that they took to be a weapon.
Aldrete-Davila is left-handed, consistent with the bullet entering his left buttock laterally as he fled and turned back toward the officers, possibly pointing a weapon at them.
I just find this evidence being ignored a travesty of justice. The prosecution took two years to take this to trial and in all that time none of them said "Wait a minute! This matches the Border Patrol Agents story more than it does the drug smugglers!" The only "evidence" in this case is that of the testimony of a known drug smuggler who claims he was unarmed, yet had a million dollars of Marijuana in his vehicle at the time of the incident.
There is much more at the article above.
I do not know the facts of this situation in their entirety, as is the case with the most of us. What has emerged is this: 1. the "victim" is a smuggler, bringing illegal contraband into the USA. 2. this was not his first nor last, venture. 3. we employ border guards to block illegal importation of drugs, weapons, people and more. 4. THE BORDER SITUATION IS TO THE POLITICIAN, NOTHING MORE THAN A TALKING POINT.
Given the above, even if these agents did not do everything just right, they should no more be in prison, than Mary Jo Kopeckne should be dead! How many times have we seen obviously guilty crooks get off on a technicality? How often? The government of America has an "out" here- there are so many technicalities that could free them that they MUST be employed. If these guys have committed an offense that is worth imprisonment, why is Ted the swimmer Kennedy still breathin' free air? This is not the way to take care of our sorry border situation. While on this rant- why does this country at 231 or so years old not have viable border laws yet?
The politicians that allow this to go on are the criminals here, and the president of my choice is not innocent in this either.
this is truly a sad day for our constitution.
Posted by: Frankly Opinionated on February 3, 2007 09:04 AM