Shot by a Border Patrol Agent = $350,000

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

  1. #1
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    Shot by a Border Patrol Agent = $350,000



    Family of Mexican man shot at border awarded $350,000 | National | Chron.com - Houston Chronicle

    Family of Mexican man shot at border awarded $350,000
    Associated Press
    March 5, 2009, 3:19PM

    TUCSON, Ariz. A federal judge has awarded $350,000 to the family of a Mexican man who was fatally shot by a Border Patrol agent during a June 2003 confrontation in southern Arizona, finding that deadly force was not justified.

    In a civil lawsuit, U.S. District Judge Raner Collins ordered the U.S. government to pay the family of 22-year-old Ricardo Olivares Martinez of Agua Prieta, Mexico, for Agent Cesar Cervantes' use of excessive force.

    Collins said in his ruling Wednesday that he would have awarded the family $1 million. But he reduced the award by 65 percent because of shared fault. The judge found that the illegal immigrant was fleeing Cervantes and placed the agent "in the scenario where he could misapprehend the situation."

    The shooting occurred after Border Patrol agents found a group of illegal immigrants near the port of entry in Douglas, about 100 miles southeast of Tucson.

    The group scattered, with Olivares running back to a border fence and trying to jump over it into Mexico.

    Authorities contended that Olivares turned to confront Cervantes and began throwing rocks at him. Cervantes said he ordered Olivares to stop and shot him when he did not. Cervantes has said that he felt his life was in danger.

    The FBI conducted a civil-rights investigation but no charges were filed against Cervantes, and the agency dropped its investigation in October 2003.

    Collins heard testimony last fall.

    The judge said the evidence showed that in a period of no longer than seven seconds, Olivares ran from the border fence "to the desert across the road where he was shot.

    "In this period of time, the court cannot find that the decedent was able to make it across the road, pick up a rock or two, was warned multiple times to drop the rock while the agent was drawing his weapon, cocked the rock (or rocks) and then was fired upon" by the agent as a last option, the judge wrote.

    The U.S. attorney's office is reviewing the judge's decision in the case, U.S. attorney's spokeswoman Sandy Raynor said today.

    Border Patrol spokesman Omar Candelaria said Cervantes is not working in the Border Patrol's Tucson Sector, which covers most of southern Arizona, but Candelaria did not say whether the agent was still employed by the Border Patrol.
    An ILLEGAL idiot threatens a LEO with a rock and the officer used use of excessive force in shooting him.

    I hope the U.S. attorney's office review of the judge's decision in the case results in an appeal and reversal!
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  3. #2
    VIP Member Array nedrgr21's Avatar
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    Yeah, this one judge has better "judgment" than the FBI's forensic team. Has AZ been importing judges from the Northeast US?

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    No I think they bring them in from Mexico.

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    This is insane
    I have a feeling this will be reversed, at least it better be
    GUN CONTROL= I WANT TO BE THE ONE IN CONTROL OF THE GUN

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    It is rediculous to grant any money to the family of someone whois in this country ILLEGALY, and threatens a Border Patrol Agent. I can't understand this at all.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
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    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)
    http://www.netflix.com/Movie/The_Thr...trada/70035191

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    I think the judge is mistaken in his ruling. Maybe he needs to get out of his robes and from behind his bench for a while and learn what it is like out in the real world again.

    The FBI conducted a civil-rights investigation but no charges were filed against Cervantes, and the agency dropped its investigation in October 2003.
    I know what I am going to say goes against the general liberal policy. But if your in this country illegally, as far as I am concerned you have no civil rights!

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    Uh, sorry. I have to go with the judge. If you read the story carefully, the judge is saying the agent's story of what happened in a 7 second time frame isn't believable.

    Making decisions on what is and isn't to be believed is what they do. They didn't make the allows allowing illegals to sue.

    The related issues of damages, whether or not the dead man's family should be able to collect damages, are more interesting because they beg the question of whether or not the illegal's family should have been allowed to sue in the first place.

    The judge doesn't make the law. The law allowed the suit to be possible. That isn't his fault.

    If we don't like these results we should do what participant here SD always says-- get the legislature to change the law.

    I'm also rather curious as to why this case didn't go the same way as the shooting involving the other two border agents who were just released from jail. If the judge's conclusion is correct that the Mexican could not have done what he was said to have done, then the shooting was unjustified and criminal penalties might be needed. No stone throwing by the illegals means no deadly force was used by them, and there was no need for the agents to shoot.

    That said, I think the law needs some changing and the BP/ICE folks need more freedom of action until the present emergency of mass migration is brought to an end. The illegal border crossers need to fear the BP, and not the other way around.

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    A judge who thinks a rock can't be as deadly a weapon as a knife or gun should come over and play a quick game of 'rock' with me - I pitch, he catches.
    "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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    Award them 2 million. Ummm will they take a check? Or can the family wait till we get done printing the money.

    We are paying the Border Patrol to do a job. We have to trust there judgement. They are protecting us. Tired of seeing these guys second guessed. If they make a bad judgement -FIRE THEM! The family deserves no money!

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    I think it's ridiculous that a judge should award anything to the family of an illegal alien who was shot while throwing rocks at a LEO. First of all, a rock can be a deadly weapon if your aim is good, and second, it says the agent warned him multiple times to put the rocks down and he chose to continue. I think this is a prime example of what is going wrong with our country when liberal judges who don't have enough common sense to know their butt from a hole in the ground can make lame brained decisions like this. Okay, I've vented, I'm okay now.
    COGITO, ERGO PORTO

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    Lets look at it this way now that the door has been opened for them to sue. If I want to make my family wealthy I can get myself shot by the BP and they can sue. Sound off the wall? I don't think so.
    For as the lightning comes from the east and flashes to the west, so also will the coming of the son of man be. Mathew 24:27

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    With all the silly and ridiculous indignities and injustices that have happened to Border Patrol Agents in the last couple of years, it's a wonder that anyone would want to do that job.
    COGITO, ERGO PORTO

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    Colonel Askins must be doing backflips in his grave.

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    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?

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