U.S. jury finds rancher liable in vigilante trial

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Thread: U.S. jury finds rancher liable in vigilante trial

  1. #1
    VIP Member Array Patti's Avatar
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    U.S. jury finds rancher liable in vigilante trial

    U.S. jury finds rancher liable in vigilante trial | U.S. | Reuters

    U.S. jury finds rancher liable in vigilante trial
    Tue Feb 17, 2009 11:05pm EST

    PHOENIX (Reuters) - A U.S. federal jury awarded more than $70,000 in damages to a group of illegal immigrants who claimed they were held at gunpoint by an Arizona rancher after slipping over the border from Mexico five years ago.

    The civil jury at the U.S. District Court in Tucson, Arizona, found Roger Barnett liable for assault and intentionally inflicting emotional distress in the incident in March 2004. It ordered him to pay four women $73,352 in damages, attorneys for the plaintiffs said.

    The Mexican American Legal Defense and Educational Fund, which backed the suit, said the group of Mexican nationals was resting in a dry streambed in Douglas, Arizona, when they were approached by Barnett, who was armed with a gun and accompanied by a large dog.

    The suit alleged Barnett held them captive at gunpoint, threatening that his dog would attack and that he would shoot anyone who tried to leave.

    David Hardy, an attorney representing Barnett, said his client was found not liable on claims of battery, false imprisonment and violation of civil rights, and planned to appeal.

    The trial highlighted the issue of vigilante violence in southern Arizona, which is a major thoroughfare for illegal immigrants and the place where several civilian border patrols have operated in recent years.

    "This verdict in favor of the plaintiffs sends a strong message condemning vigilante violence against immigrants," MALDEF staff attorney Marisol Perez said in a statement.

    Barnett, who claims to have detained more than 10,000 people who crossed the border illegally from Mexico and handed them over to the U.S. Border Patrol, has faced previous civil action.

    In November 2006, a jury found Barnett responsible for holding a Mexican-American family at gunpoint during a hunting trip, and awarded them nearly $100,000 in damages.
    Socialism is the philosophy of failure, the creed of ignorance and the gospel of envy. — Winston Churchill

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  3. #2
    Distinguished Member Array C9H13NO3's Avatar
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    I don't understand how they can consider this vigilante violence. He's on his own property. He should have every right to detain trespassers at gunpoint. Even if he is actively looking for them.

    I wonder if these illegals are going to be paying any taxes on their new income...
    -Ryan

    All that is necessary for the triumph of evil is that good men do nothing.

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    JD
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    This just makes my stomach turn....

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    tag
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    This country has gone to hell

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    Senior Member Array aimhigh's Avatar
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    This is Bull....If you are in your private property whats wrong here!!
    "You can say 'stop' or 'alto' or use any other word you think will work but I've found that a large bore muzzle pointed at someone's head is pretty much the universal language."

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    wpk
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    The worst part (arguably) is that this was a jury verdict.
    "America is a nation of laws; poorly written and randomly enforced." -Frank Zappa

    “Man will never be free until the last king is strangled with the entrails of the last priest.” -Denis Diderot

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    Distinguished Member Array Siafu's Avatar
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    This ain't your granddads USA no more boy. Maybe those illegals can buy a foreclosed house in Arizona now. That is what this is all about right? Spreading the wealth around?

    Correct me if I'm wrong but didn't Obama and his San Fran libs just spend a gazillion dollars of taxpayer money to bail out dead-beat home owners? Once again, I am the idiot for paying for my house outright and living within my means. Heck, I should have lived like a rock star and waited for a bailout like the smart ones did.

    Now if you'll excuse me I have to get back to work so I can pay for somebody else's lifestyle.

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    Member Array sharpetop's Avatar
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    I guess this means that it's illegal to hold any body that is in the act of commiting a FELONY at gunpoint. It is a felony to illegally come into this country isn't it?

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    VIP Member Array Kerbouchard's Avatar
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    Quote Originally Posted by tag View Post
    This country has gone to hell
    Quoted for truth.
    There are two sides to every issue: one side is right and the other is wrong, but the middle is always evil.

    http://miscmusings.townhall.com/

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    VIP Member Array matiki's Avatar
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    Not the first time for him in court over detaining trespassers:

    News : Judge orders Barnett to pay $98,000 in damages : Sierra Vista, AZ

    Does AZ law not support detention at gunpoint? I know that it must be malicious trespass (i.e. you've been formally trespassed before) in WA.

    Sounds like voters there need to seize the reigns and fix this.

    ETA: Oh and here's another:
    http://www.svherald.com/articles/200...news/news2.txt

    The more I read, the less I'm on the ranchers side. Sounds like a routine pattern of detaining for misdemeanors, and allegations of bad behavior in doing so.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

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    Member Array M1911A1's Avatar
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    I believe that the issue here was not the fact that he detained the illegal immigrants, but rather his way of doing it.
    "...David Hardy, an attorney representing Barnett, said his client was found not liable on claims of battery, false imprisonment and violation of civil rights..." [emphasis added]
    Previously, Barnett has improperly detained Hispanic-heritage US citizens who were hunting on his unposted land. In that case as in this one, Barnett seems to have used nasty, bigoted, and unnecessarily threatening language, all of which could be construed as a "hate crime."
    Steve
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    VIP Member Array Patti's Avatar
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    I'm on the rancher's side.

    And this totally disgusts me.

    Let's say someone breaks into YOUR house. You detain him while your wife calls 911.

    Guess what!!! Now you get sued and are ordered to pay the scum bag because you "traumatized him".

    It's rather uncomfortable when the shoe's on the other foot.

    This rancher was completely within his right to detain trespassers.

    I just watched Glenn Beck interview the rancher on Fox. This guy has had about 14,000 illegals cross on his property -- and that's only since he began counting!!
    Socialism is the philosophy of failure, the creed of ignorance and the gospel of envy. — Winston Churchill

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    VIP Member Array matiki's Avatar
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    Quote Originally Posted by Patti View Post
    ....

    Let's say someone breaks into YOUR house. You detain him while your wife calls 911.

    ....
    How about, someone hops your fence and walks through your backyard (misdemeanor).

    I'm not seeing where his house was broken into (felony).
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

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    VIP Member Array raevan's Avatar
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    He would be better of calling the BP and giving their location. He should also film them as evidence of their trespass/ or he could warn them off and if they attack him just defend himself.

    Anyone that tresspasses on my land is warned off and told if caught on my land again they will be charged with criminal tresspass.

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    VIP Member Array obxned's Avatar
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    This verdict is positive proof that there are times the 3S procedure is your best course of action.
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

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