# Border Patrol Agent sentenced



## ballen0351 (Oct 26, 2011)

This story makes me so mad. These guys are on the front line fighting against cartels and he gets 2 years in prision for lifting an arm. He left no marks on the kid and was cleared by an independant internal investigation of any violations and then the Mexican Govt and Justice Department steps in and screws this guy over. 



A U.S. Border Patrol agent has been sentenced to two years in prison for improperly lifting the arms of a 15-year-old drug smuggling suspect while handcuffed  in what the Justice Department called a deprivation of the teenagers constitutional right to be free from the use of unreasonable force.

Agent Jesus E. Diaz Jr. was named in a November 2009 federal grand jury indictment with deprivation of rights under color of law during an October 2008 arrest near the Rio Grande in Eagle Pass, Texas, in response to a report that illegal immigrants had crossed the river with bundles of drugs.

In a prosecution sought by the Mexican government and obtained after the suspected smuggler was given immunity to testify against the agent, Diaz was sentenced last week by U.S. District Judge Alia Moses Ludlum in San Antonio. The Mexican consulate in Eagle Pass had filed a formal written complaint just hours after the arrest, alleging that the teenager had been beaten.

Defense attorneys argued that there were no injuries or bruises on the suspected smugglers lower arms where the handcuffs had been placed nor any bruising resulting from an alleged knee on his back. Photos showed the only marks on his body came from the straps of the pack he carried containing the suspected drugs, they said.

Read more: http://nation.foxnews.com/border-pa...-arrest-suspected-drug-smuggler#ixzz1bvy85bx2​


----------



## tshadowchaser (Oct 27, 2011)

Not knowing the whole story or reading the proceedings manuscript it is hard to say. However I feel for all law enforcement agencies and their people when they are formally charged for doing their duty.
When people can not be searched after being arrested something is wrong with the system.
Drugs may or may not have been on the person but then so could weapons.


----------



## oftheherd1 (Oct 27, 2011)

It is impossible to judge the actions of the agent without knowing more.  If he did in fact act contrary to law, then some action is warranted.  

These comments have to be taken in light of the fact I don't know all the facts.  But three things grab my attention.  There was apparently a lookout for this particular type of drug smuggling.  The Mexican consulate lodged a complaint within hours alleging more than what happened (and to a suspected drug smuggler).  The suspect was given immunity (for what, drug smuggleing, entering illegally?).

I wonder if the defense tried to get a change of venue?  Picking a jury from a town that apparently has drug smuggling, which implies a lot of the populace with cartel sympaties/fear, I would think out of the State wouldn' be unreasonable.  I am also curious about the sentence.  It should have been a pretty strong an assault for two years.  I don't think most people off the street would have gotten that long a sentence.


----------



## ballen0351 (Oct 27, 2011)

Also not mentioned in the story is they recovered from the kid and his friends were 125 more pounds of Marijuana they were bringing over the border.


----------



## ballen0351 (Nov 2, 2011)

Well as this goes on I get more angry.  I just saw a story on the news that said this kid got immunity from prosecution on the smuggling charges AND he and his family get visas to move to the us and will be granted US Citizenship for testifying against the officer.  Something smells fishy about this case.


----------



## OKenpo942 (Nov 3, 2011)

Typical... let's protect the bad guy and crucify the good. Congrats, uber liberals. This is what our country has become. Absolutely embarassing that our government would protect an illegal non U.S. citizen in order to punish one of our own who's job it was to do exactly what he was doing. This judge and the prosecutors need to be sent to Mexico and not allowed back. This just makes me mad. When will this crap ever end?


----------



## seasoned (Nov 3, 2011)

We are talking lots of drugs which means lots of money and unlimited power over whom ever gets in the way. Just my feelings, but it would appear that an example has been made at the expense of our border patrol........... once again.


----------

