Shot by a Border Patrol Agent = $350,000 - Page 2

Shot by a Border Patrol Agent = $350,000

This is a discussion on Shot by a Border Patrol Agent = $350,000 within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Originally Posted by nedrgr21 Who had the stopwatch to determine the 7 sec - we all know time gets skewed in situations like these? How ...

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Thread: Shot by a Border Patrol Agent = $350,000

  1. #16
    VIP Member
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    Again, don't blame the judge

    Quote Originally Posted by nedrgr21 View Post
    Who had the stopwatch to determine the 7 sec - we all know time gets skewed in situations like these? How far was the fence from the road? think 21 ft rule with a 1.5 sec draw. Verbal warning takes but a second. Got to think the FBI went thru all this and found no criminal case - what experience does the judge have - when was the last time he tried to run anywhere?
    Look, the judge didn't make the laws that allow such suits to go forward. He just hear and the case. No choice in the matter. It has nothing to do with being activist or non-activist, whatever the heck that means.

    The evidence showed that the illegals didn't or could not have picked up rocks; therefore no deadly force was justified. Shooting was not justified and damages were due. IT shouldn't be that way with illegal border crossers, but the judge didn't make the law. Like the BP, he enforces the existing law.

    Instead of pounding the judge, complain about the laws which don't protect the BP agents and which encourage mass illegal migration into the country.


  2. #17
    VIP Member Array ccw9mm's Avatar
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    Does anyone know what the actual rules of engagement are for the border patrol?

    If I, a concealed carrying citizen, were walking down my street and found someone who ran from me and refused my command to halt, I'd be strung by my toenails if I were to fire a gun at that "fleeing suspect."

    But, this is law enforcement. At a border. With a group of people who flee immediately upon sight of an officer. Who refuse commands to stop.

    The question seems to be, was the person shot because he was:
    • An apparent intruder, since he hopped the border fence?
    • He fled?
    • He refused to obey the lawful command of a LEO?
    • The LEO's life was in danger?

    Without knowing the ROE, it seems we're just clutching at straws in attempting to understand what's real (whether the interloper has legal standing to make such claims, given the facts; the court has jurisdiction to cover such int'l border "flight" claims such as this; the claim of "life in danger" has merit; or even whether any of this is hooey and should be tossed due to the ROE).

    Does anyone have concrete info as to the Border Patrol ROE and what's considered legal?

    Quote Originally Posted by Hopyard View Post
    Instead of pounding the judge, complain about the laws which don't protect the BP agents and which encourage mass illegal migration into the country.
    Yup.
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    Thoughts: Justifiable self defense (A.O.J.).
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  3. #18
    Senior Member Array PaulG's Avatar
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    The good judge got to mull things over and come to his decision while sitting in a nice cozy room sipping coffee without the threat of rocks hitting his head.

    The agent didn't have that luxury.

    I agree with the comment of "why would anyone want to be a Border Patrol Agent?".

    During the next four years, you will probably see a lot of new judges like this one.
    fortiter in re, suaviter in modo (resolutely in action, gently in manner).

  4. #19
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    ROE

    Quote Originally Posted by ccw9mm View Post
    Does anyone know what the actual rules of engagement are for the border patrol?

    .
    Or put another way, what are the laws (Federal and State) that control use of lethal force.

    I had a buddy LE who once told me there was no difference in the penal code between the rules for himself and for me, except that he didn't have a duty to retreat.

    Another thing to consider in this case, it was a civil trial. Rulings are made on "preponderance" of the evidence which in plain language means the winner need only be 50.00000002% more able to make his case than the loser. There may have been no criminal case because proof beyond a reasonable doubt couldn't be had, but there was a civil case won on preponderance of the evidence. Same as the OJ civil verdict.

    Personally, I think there should be no recourse for illegals found within 1 mile of the border--but that is me, and it isn't the law.

  5. #20
    VIP Member Array AllAmerican's Avatar
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    Quote Originally Posted by Janq View Post
    I watched a movie two weeks ago with a fiction premise that nearly duplicates this real world story point for point.

    A very entertaining film directed by and featuring a favorite actor of mine and starring Barry pepper as the Border Patrol agent...


    The Three Burials of Melquiades Estrada (2005)
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  6. #21
    Distinguished Member Array bandit383's Avatar
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    Quote Originally Posted by Janq View Post
    I watched a movie two weeks ago with a fiction premise that nearly duplicates this real world story point for point.

    A very entertaining film directed by and featuring a favorite actor of mine and starring Barry pepper as the Border Patrol agent...

    - Janq
    It was entertaining...pay back is a....

    Rick

  7. #22
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    It seems to suck in the last few years to be a Border Patrol Officer. I'd make the border a free fire zone.
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  8. #23
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    Quote Originally Posted by PaulG View Post
    The good judge got to mull things over and come to his decision while sitting in a nice cozy room sipping coffee without the threat of rocks hitting his head.
    You're kidding me, right? More than likely, he was sippin' on some single malt scotch. JMHO
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  9. #24
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    My immigration stance is that each one is guilty of a crime. Any kind of violent action by a criminal during the commission of a crime results in getting your ass kicked, and possibly shot twice. Just my opinion.

  10. #25
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    Get used to it; now that the libs are in charge, every bleeding heart on the planet will come out of the woodwork to file lawsuit after lawsuit against the "evil" gun-toting pig law enforcement establishment that are "victimizing" the poor hard-working immigrant seeking nothing more than the American dream......

    Definition of the hard-working Immigrant:

    a freeloader who enters our country illegally then is "registered" by ACORN to vote in an upcoming election for a bleeding heart Democrat who has personally promised them free medical care for their anchor baby and citizenship and endless welfare for the rest of their family all on your dime......

    Any questions?
    "Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined". - Patrick Henry

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