Border Agent Gets 2 Years in Prison for Rough Cuffing a Drug Smuggling Suspect
- Posted on October 26, 2011 at 3:14pm by
Christopher Santarelli
- Print »
- Email »
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” during an arrest where border agents found more than 150 pounds of marijuana being transported by illegal immigrants across the Rio Grande.
The Washington Times reports on the Justice Department’s case, which said the agent violated the drug-smuggling teenager’s constitutional right to be free from 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 Ludlumin 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.”
Photos showed no bruises or marks that indicated a beating on the suspect’s body, other than marks from the straps of the bag loaded with drugs that the suspect had been carrying.
Diaz is a seven year veteran of the Border Patrol, and had originally been cleared of charges by Homeland Security’s Office of Inspector General and U.S. Immigration and Customs Enforcement’s Office of Professional Responsibility. The U.S. Attorney’s Office for the Western District of Texas brought charges against Diaz, however, which led to the two year sentence.
The Law Enforcement Officers Advocates Council said the government’s case was “based on false testimony that is contradicted by the facts,” and that witnesses have made contradictory claims and later admitted to having perjured themselves.
The same U.S. Attorney’s office brought charges against two Border Agents in 2006 for shooting a drug-smuggling suspect in the buttocks as he tried to flee back into Mexico after leaving a van filled with 800 pounds of marijuana. The suspect was given immunity for testifying against the agents in that case, where agents were convicted and sentenced to 11 and 12 years of prison.
Popular Stories
MSNBC Host Snaps in Heated Segment: ‘What in the World Is Riskier Than Being a Poor Person in America?’ 694 Comments
Does Misstated Marathon Claim Prove Paul Ryan Is Dishonest? (POLL) 662 Comments
‘Jumah at the DNC’ Speaker: ‘Muslims Visited America Prior to Columbus’ & ‘It Was a Muslim’ Who Guided Him to the ‘New World’ 525 Comments
Obama: RNC Like Watching ‘Black-and-White TV’ Because Romney ‘Did Not Offer a Single New Idea’ 364 Comments
Paper Details Obama Admin’s Alleged Secret Note Sent to Iran: If Israel Attacks, We Won’t Get Involved 362 Comments
Faith
This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 235 Comments- Pakistani Muslim Cleric Accused of Framing Disabled Christian Girl in Koran-Burning Case Read More
- ‘Made Up Religion’: TV Historian Enrages Muslims, Receives Threats After Producing UK Documentary Questioning Islam’s Beginnings 247 Comments
Meet the Controversial German Imam Accused of Brutally Beating His Wife & Pushing Sharia Law Read More
‘Self-Proclaimed Messiah’ & Unification Church Leader the Rev. Sun Myung Moon Has Died — Here’s His Life Story Read More
Business
President Obama Issues Major ‘Green Energy’ Executive Order Read More- Germany’s Upcoming Court Ruling Will be Huge for the EU Read More
Ford Looks to Beat Toyota for Best-Selling Car in 2012 With This Model 147 Comments
Bernanke & QE3: Here’s What You Need to Know Read More- ‘Extortion’: Why Did the Labor Department ‘Drop the Hammer’ on Oregon Farmers? 300 Comments
Technology
- This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 235 Comments
‘TaserDrone’: Hackers Weaponize Quadcopter With Actual ‘Shocking’ Technology Read More
Ever Heard of the Wild ‘Burning Man’ Festival in the Middle of the Nev. Desert? Here’s Your Primer Read More
Stanford Develops Technology ‘Better Than Steroids’ for Athlete Recovery Read More
Have You Pretended to Know What ‘the Cloud’ Is? You’re Not Alone Read More
Submitting your tip... please wait!
Comments (271)
Depressed_American
Posted on October 26, 2011 at 3:39pmThis is a bunch of Bull!!! If the illlegal alien, who happened to be smuggling drugs hadn’t tried to cross the border, and then run when confronted by the US Law, then he wouldn’t have got hurt in the first place!!! To give an illlegal alien and a drug smuggler immunity for his testimony is crap!!! This DOJ needs to be fired!!!
Report Post »teddie888
Posted on October 26, 2011 at 3:45pmThe union lawyers get to the illegals and tell them what they can accuse if caught. It just happened to a rancher in Az where the illegal women accused the rancher of ruffing them up and causing mental anguish (true) and the rancher was told by the judge on the case to pay the illegals $84,000.
Report Post »mils
Posted on October 26, 2011 at 3:59pmPERRY NEEDS TO BE ASKED ABOUT THIS CASE!!!…hold his feet to the fire
This is an absolute outrage!!!!
Report Post »SpankDaMonkey
Posted on October 26, 2011 at 4:02pm.
Report Post »They‘ed probably give me life for what I’m thinking about right now. Wonder how that U.S. Atty. would feel if one of his kids died with a needle full of Mexican Brown Heroin in their arm? I know the guy was a weed mule, but you get the idea…………….
HKS
Posted on October 26, 2011 at 4:04pmWell, I guess since we don’t have any leadership with the balls to tell Mexico where to get off, I guess the Mexican Government will run this country as well as their own. How about at the next election we elect real Americans to run America. Enough of the foreign crap.
Report Post »turnabout
Posted on October 26, 2011 at 4:08pmTo give sovereignty to another country who directs our legal system and opening moves hordes across our border, is the death of America.
Report Post »Ookspay
Posted on October 26, 2011 at 4:09pmOutrageous indeed. The absence of justice gives birth to vigilantism. The lunatics have taken over the asylum. 2 years? Insanity!
Report Post »netmail
Posted on October 26, 2011 at 4:26pmTurnabout..Your thoughts were my first thoughts too. Also, it’s not only the Mexican govt calling the shots for our justice system here, it’s the drug cartels themselves. Perry had better get in the middle of this deal RIGHT NOW and FIX IT.
Report Post »lillycatoscar
Posted on October 26, 2011 at 4:29pmAMERICA WHAT IS WRONG WITH YOU! This is pure insanity, when a THUG, comes into our Country with drugs strapped to his back, and LAW ENFORCEMENT is the one who goes to prision? I am so disgusted with what is going on in our Country, that I want to puke. Glenn Beck is right, when he said, “what was once good, is now considered bad, and what was once bad, is now good”. I must say, GOD help this country, because He certainly knows, that this country is selling its soul to the devil. We have so much corruption in this country, that a conservitive, can’t say what he/she wants, because what ever we have to say, is unconstituional. We are being deprived of our Constitutional rights, when the left can say whatever they want, and it is alright. Release all of our Boarder Patrol Agents, who have been imprisioned for doing their jobs. SHAME, SHAME, SHAME!
Report Post »motonutt
Posted on October 26, 2011 at 4:42pmNot only that I’d bet the mexican kid will get a big $$$$$ settlement from the u.s. taxpayers.
Report Post »charleyrocks
Posted on October 26, 2011 at 4:51pmyou know what every agent should walk off the job and yell over to mexico come on in, the president does not care and we just get thrown in jail for arresting you so no borders anymore. lets see what happens then!!!! the american government is just plain stupid!!!! I am so shocked over this how can americans put up with this and why????????
Report Post »vennoye
Posted on October 26, 2011 at 4:56pmmils
Report Post »This is a U.S. Attorney out of the DOJ……….not a Texas Attorney. Not too much Perry can do about a U.S. Attorney from DOJ.
yougottabekidding
Posted on October 26, 2011 at 5:02pmSome strange things going on there, seems like that area in particular goes for this kind of crap.
Report Post »The big problem is no one stands up for these brave heros! That includes Bush! When he totally ignored those agents and left them go to prison that more then any thing made me hate him. Seems like both sides of the political elite want this to happen.
jarhead69
Posted on October 26, 2011 at 5:06pmThey should just start shooting the bastards
Report Post »hud
Posted on October 26, 2011 at 5:10pmA situation best handled by Woody Harrelson’s dad.
Report Post »hud
Posted on October 26, 2011 at 5:12pmYou elect dumbocraps, better learn to speak mex.Elections have consequences.
Report Post »V-MAN MACE
Posted on October 26, 2011 at 5:33pmBorder agent must‘ve roughed up one of the CIA or ATF’s secret double agents who’re running drugs and guns.
But those of you who do, just keep on worshipping your heroes…
Report Post »13th Imam
Posted on October 26, 2011 at 5:55pmThe Texas Rangers have been rounding up bad guys since before Texas became an independent republic. One of the most famous, Lone Wolf Gonzaulles, once killed a suspect. There was some talk that Lone Wolf might have to stand trial. When asked about it he replied, “I‘d rather be tried for killing a dozen SOB’s in enforcing the law, than have one of them tried for killing me.”
Moral is , Shoot the suspect. .
Report Post »Walkabout
Posted on October 26, 2011 at 6:00pmV-MAN MACE
Report Post »Prove it Biatch or cease babbling!
pamela kay
Posted on October 26, 2011 at 6:19pmThere has to be a petition to sign. Call your state reps and complain . This is BS. Great post DEPRESSED_AMEERICAN!
Report Post »Jezcruzen
Posted on October 26, 2011 at 6:26pmThat fraud “judge” lives in someone’s neighborhood.
Report Post »Justice2011
Posted on October 26, 2011 at 7:00pmOur prayers are with this border patrol agent and his family. This makes no sense. DOJ is saying it is ok to break the law and if caught you can claim that Law Enforcement beat you up. Lucky the illegal dope smuggler didn’t get shot or have a dog turned loose on him. I think this whole country has gone completely nuts.
Report Post »Yeah_Buddy
Posted on October 26, 2011 at 7:15pmMaybe it is better to handle the same way when you find an endangered species on your land: toss em in a ditch and dont’ say a word. Perhaps that would discourage some mexies if word got back to them.
Report Post »ezalbeht666
Posted on October 26, 2011 at 7:40pmPerry has nothing to do with this case, it was Federal court not State.
Report Post »chazman
Posted on October 26, 2011 at 7:57pm… the federal government has become the enemy of those who serve, as well as the enemy, overall, of the American people!!!
Report Post »proantisocialist
Posted on October 26, 2011 at 8:28pmwas he here illegaly,then he does not have constitutional right under our law….
you come into my house uninvited and i will shoot you and that is my constitutional right….
Report Post »Marine 1
Posted on October 26, 2011 at 8:43pmDoes anyone know what freaking country we live in? This is the biggest load of bravo sierra I have ever heard of — again.
Check this out… http://www.youtube.com/watch?v=FOQcUSemkZc
Watch representative Jason Chaffetz go after Big Sis — she is lying like there is no tomorrow.
Homeland Security is the biggest farce I have ever seen. Are the borders secure? Heck no. And Obama and his idiot friends gave them guns to kill people with. Hello!
Folks, this country is screwed up and I know who has screwed it up. You do too!
Report Post »Depressed_American
Posted on October 26, 2011 at 9:42pmMaybe the Mexican government should keep it’s citizens off the US Border, so they don’t get arrested while crossing illegally. There are proper and LEGAL ways to immigrate into the United States of America. And sumggling drugs IS NOT LEGAL IN THE UNITED STATES!! Also maybe the Mexican government should KEEP ITS DAMN DRUGS OUT OF OUR COUNTRY!!! And finally the DOJ needs to remember what country they are supposed to represent and protect in the admission of their duties!!!
Report Post »drkmagneto
Posted on October 27, 2011 at 5:06amI agree Depressed_American, this is total bull! Now border agents are going to be scared to do their job for fear of going to prison for 2 years. It’s okay though, he won’t have to serve much more than a year before a Republican President pardons him on Jan 20,2013. How does an illegal alien(emphasis on the word “illegal”) warrant Constitutional rights? Even utilizing the 14th Amendment passage “subject to the jurisdiction”, you can’t give it to him. go away illegals!!! Come in through the front door next time and you won’t get hurt!
Report Post »RepubliCorp
Posted on October 27, 2011 at 7:31amHolder and Obama need a drainpipe moment
Report Post »banjarmon
Posted on October 27, 2011 at 10:49amHOW MANY from the DOJ are on the payroll from the drug lords????
Report Post »V-MAN MACE
Posted on October 27, 2011 at 11:35amWalkabout
I don’t have to prove anything to you.
You are nobody.
You can just kiss my @ss and stfu.
Report Post »Grrrrrr
Posted on November 1, 2011 at 11:58pmThey also gave the Drug Smuggler a VISA for testifying.
Report Post »BertM
Posted on October 26, 2011 at 3:38pmWe need a leader with Big Brass Ones!!!!!!!!!
Report Post »70S_KIDS_FIGHTING_SOCIALISM
Posted on October 26, 2011 at 3:37pmThe police would never go to jail for the same thing IF it were true. This is a standard that is unheard of and plain outright subversion.
Report Post »TEA PARTY UNTOUCHABLES!!!!!!!!!!
branch manager
Posted on October 26, 2011 at 4:36pmNice moniker…as I also am a 70s kid fighting socialism. Onward!
Report Post »ZenJedi
Posted on October 26, 2011 at 3:37pmSo let me get this straight. The DOJ foregoes prosecuting the drug smuggler of 150 lbs of pot BUT will prosecute an Agent for roughing up the perp during the handcuffing process and the perp has constitutional rights because he‘s a MEXICAN or because he’s PERP sneaking into this country with contraband. This government is totally screwed up!!!!!!
Report Post »phillipwgirard
Posted on October 26, 2011 at 3:44pmA non-citizen should not be entitled to ANY constitutional rights.
Report Post »pavepaws
Posted on October 26, 2011 at 3:54pmThe FEDS can sell guns to cartel members to shoot Federal agents, and the FEDS can prosecute Federal agents on trumped charges by drug members.
Report Post »yougottabekidding
Posted on October 26, 2011 at 11:03pmGary Fishaholic
Report Post »Finally getting the point are you?
Hussain wants thousands of Border Patrol on the job so he can say he is big on enforcement, BUT they are to be afraid of being put in jail so they do less.
Viet Vet
Posted on October 26, 2011 at 11:16pmIt’s happening because thugs, criminals and anti-Americans got elected in 2008!!
Report Post »vnachi77
Posted on October 26, 2011 at 3:36pmLet’s see. Highly trained bilingual law enforcement professional. In return for ****** hours, in terrible conditions, usually stationed in remote area’s of the American southwest, you get very low pay. The return for actually doing your job is the possibility of being shot by guns provided to drug runners by the Justice Department. Should be lucky enough to make an arrest without being shot, the same Justice Department prosecutes for “improperly lifting the arms,” and you get two years in jail. As a correction officer in a maximum security prison for 14 years, the only thing “improperly lifting arms” while cuffing a inmate meant was, I didn’t get the cuffs on. While making a felony arrest, anything that results in the handcuffs being successfully placed on is OK as far as I’m concerned. When they are placed on with no visible bruises, well all the better. What a crying shame.
Report Post »SanDiegoCountyCitizen
Posted on October 26, 2011 at 3:35pmIf this agent had been a Black American, I doubt Obama and Holder would have ok’d the prosecution. I must have missed La Raza’s support for this Latio Agent just doing his job.
Report Post »SouthP
Posted on October 26, 2011 at 3:34pm“The U.S. Attorney’s Office for the Western District of Texas brought charges against Diaz, however, which led to the two year sentence” .. is that code for ACLU or something or is the Western District filled with mexican sympathizers?
Report Post »Snowleopard {gallery of cat folks}
Posted on October 26, 2011 at 3:39pmNo it is code language from the administration and Holder that the group is out for blood agaisn those who dare to deal with illegal immigrants, especially dealing in the drug trade. I have to wonder just how deep into the pockets of the drug cartels Obama and Holder are?
Report Post »Lantern
Posted on October 26, 2011 at 4:50pmWhat IS it with the U.S. Attorney’s Office for the Western District of Texas? They also brought charges against Compean and Ramos.
Report Post »AmericaTheFree
Posted on October 26, 2011 at 3:34pmThis is more heavy handed political showmanship that will have adverse effects by handcuffing agents. The world has truly turned up-side-down if we prosecute those serving America’s borders over those crossing our border illegally with illegal drugs serving groups destroying Mexico. Please wake up and wake your neighbors. Dear Lord, please help us.
Report Post »SanDiegoCountyCitizen
Posted on October 26, 2011 at 3:33pmOutrageous abuse of power by the Federal Government, under the criminal marxists Holder and Obama. I suspect if this agent had been a Black American, this would have never happened. Where is LaRaza NOW?
Report Post »Fedup
Posted on October 26, 2011 at 3:33pmI am convinced that it is us against them.. them being the Eric Holders, Barack Obamas, Nepolitanos, and all the other marxists in the Administration who stick up for the bad guys and punish the good guys who are trying to protect Americans.
Report Post »HorseCrazy
Posted on October 26, 2011 at 10:04pmagree with you 100%. My son has wants to be an army ranger like grandpa since he learned to speak. all he wants is to be law enforcement after a military career and I see things like this too often to give it my blessing anymore. it breaks my heart for these brave folks being thrown to the wolves by the very people they are protecting. there just are no words for this.
Report Post »Oldphoto678
Posted on October 27, 2011 at 6:43amActually there is one word for it…..JUSTICE
Report Post »BrerRabbit
Posted on October 26, 2011 at 3:33pmNext time just shot him *>)
Report Post »Fedup
Posted on October 26, 2011 at 3:31pmThis just proves that this Dept of Justice is on the side of anyone other than an American in any form of law enforcement. These FEds are traitors taking Mexico’s part. The guy should have shot and killed the mexican. Dead bodies don’t talk. It is gotten past the point of absurdity.
Report Post »Gary Fishaholic
Posted on October 26, 2011 at 4:13pmSorry but I agree!!
Report Post »paulusmaximus
Posted on October 26, 2011 at 4:58pmI find it had ti believe that someone there isn’t on the take!People need to follow these guys and their families and see what they are doing and who they are talking to! I see to much drug money stopping on this side of the border.
Report Post »Diablo4965
Posted on October 26, 2011 at 3:31pmAnd the 15 year old suspect is now probable recieving a good ole U.S. tax payer funded education.
Report Post »TXVET48
Posted on October 26, 2011 at 4:52pmAnd continuing to smuggle drugs across the border.
Report Post »welovetheUSA
Posted on October 26, 2011 at 3:30pmThis is some disgusting crap…..what can we do to stop this?
Report Post »progressiveslayer
Posted on October 26, 2011 at 3:40pmHave a change in government from what we have now candyass pc cowards who won’t adhere to the constitution and are actively violating it daily, to a government that adheres strictly to the constitution that will solve a lot of problems.
Report Post »c0mm0nsense
Posted on October 26, 2011 at 3:44pmThe system is corrupt, this agent messed with the wrong cartel.
Report Post »Viet Vet
Posted on October 26, 2011 at 11:21pm@welovetheUSA
I think you know.
Report Post »airportengineer
Posted on October 26, 2011 at 3:30pmOnly in Obamaland!
Report Post »MIlitary Nurse
Posted on October 26, 2011 at 3:28pmTo 13, trust me…I will never take up arms agianst law abiding citizens if/when you stand up against our government!
Report Post »progressiveslayer
Posted on October 26, 2011 at 3:27pmThis is another example of this country going to hell,I’m surprised we still have border agents,they make an arrest and they get convicted and go to prison,this country is FUBAR.People if you don‘t wake up and see what’s going on with the border all will be lost, we’re losing our sovereignty and the federal government is doing nothing to protect our borders,in fact their helping our enemies with this story here.
Report Post »AmericaTheFree
Posted on October 26, 2011 at 3:34pmWell put.
Report Post »FaithfulFriend
Posted on October 26, 2011 at 3:27pmStupido.
Report Post »godlovinmom
Posted on October 26, 2011 at 3:26pmWhat is color of law mean…sounds racist to me.
Report Post »lukerw
Posted on October 26, 2011 at 3:26pmDiaz is a tool of Satan!
Report Post »Susie
Posted on October 26, 2011 at 3:24pmOh come on.
Report Post »This is another travesty of justice.
Please American, please, this is a wrong worth uniting to right !!!!
Chuck Stein
Posted on October 26, 2011 at 3:36pmYup. This is simply nuts. I hope that EVERY Republican presidential candidate makes it an issue.
Report Post »amerbur
Posted on October 27, 2011 at 2:57pmSusie, I agree, this is a wrong that should be set right Those responsible should be fired or prosecuted. Any ideas as to how to begin this battle?. Have you heard of As A Mom. It is a site for patriotic Mom’s or Freedom works. We all need to get together to help this poor family and expose the corruption.
Report Post »13th Imam
Posted on October 26, 2011 at 3:23pmWhen the SHTF ,are law enforcement officers going to stand with law abiding people , or the OWS,, Eric Holder, Barry, One Party Rule DEMOCRATS, . ??? Come to think of it what about the military???
Report Post »762x51
Posted on October 26, 2011 at 3:36pmI hope you are right, that is what Oathkeepers is all about. If you are wrong however, the bloodshed will be enormous.
It’s just fortunate that the gunrunner, Eric Holder was able to take time out of his other illegal activities to make sure the Constitutional rights of this illegal drug smuggler were upheld. It would be a better story if illegal drug smugglers HAD Constitutional rights but that’s a minor detail. One is also forced to wonder why the Mexican government so all fired concerned about this law when
they have no problem with breaking our other laws. This way they can continue to export their social and economic problems to the U.S. and Reap the benefits into their personal accounts while Mexico continues on as a TOILET!
Report Post »bill984
Posted on October 26, 2011 at 3:23pmdid jefferson and the boys intend for their constitution to apply to foreign criminals? i have a feeling they would have shot first and not asked any questions.
Report Post »Viet Vet
Posted on October 26, 2011 at 11:25pmMadison, Washington and the boys would have taken up their muskets a long, long time ago.
Report Post »ColoradoMaverick
Posted on October 26, 2011 at 3:21pmI feel sorry for the border patrol agents who are desperately trying to do their jobs under impossible conditions and now we have the Obama administrations Justice department under Eric Holder prosecuting agents for doing their jobs. If, and that’s a big if, the agent was a bit heavy handed, then reprimand him and make him do some training, etc… When you start to prosecute these guys for stuff like this, they will sit on their hands and let the illegals come waltzing in.
Report Post »KidCharlemagne
Posted on October 26, 2011 at 4:19pmColoradoMaverick
Posted on October 26, 2011 at 3:21pm
I feel sorry for the border patrol agents who are desperately trying to do their jobs under impossible conditions and now we have the Obama administrations Justice department under Eric Holder prosecuting agents for doing their jobs.
================================================
Wake up!:
“April 13, 2005
Report Post »TWO U.S. BORDER PATROL AGENTS CHARGED BY FEDERAL GRAND JURY INDICTMENT WITH ASSAULT CHARGES
United States Attorney Johnny Sutton announced that today a federal grand jury in El Paso returned a three-count indictment charging two U.S. Border Patrol agents with assault charges.”
http://www.justice.gov/usao/txw/press_releases/Compean-Ramos/BPShooting.pdf
rot_soldier
Posted on October 26, 2011 at 4:52pmI do believe that would be their plan. What better way to let them across the border than to put fear in those that patrol it.
Report Post »copper
Posted on October 26, 2011 at 3:19pmObama’s goons should be in prison NOT those enforcing our laws. If the kid didn‘t want to be handled roughly maybe he shouldn’t have picked up the bag of dope to begin with. I‘m sure his drug cartel bosses would be abusive and he’d be dead for having failed. There is no more justice since Obama’s goons took over.
Report Post »