Tuesday, December 5, 2006

The Ramos-Compean Affair: What really happened.

By Joe Loya

My name is Joe Loya and I am the father- in- law of Border Patrol agent Ignacio ‘Nacho’ Ramos.

There are plenty of versions of what actually took place when two Border Patrol agents, Ignacio Ramos and
Jose Compean, tried to chase down a drug smuggler in El Paso. But, unless you were there; unless you were
present for the fifteen day trial; unless you paid $6,000.00 to read the 3000 pages of transcripts; unless you
spoke with their fellow officers; unless you saw the affidavits from jurors who claimed that they were bullied into
going along with the conviction, you cannot appreciate the enormity of this outrage.

Please listen to my story and then, please, do everything you can to persuade President Bush to issue an
immediate pardon to these two fine agents.
What really happened? Basically, two Border Patrol agents, attempting to interrupt a cross-border drug
smuggling operation, fired their weapons in self-defense at an admitted illegal alien, drug smuggler, Osbaldo
Aldrete-Davila. The smuggler managed to escape across the border into Mexico, but he left his vehicle, loaded
with more than 700 pounds of marijuana. It was another good bust. (Agent Ramos has taken part in more than
100 drug busts and has never hurt anyone, despite having been assaulted and fired upon many times.)

Davila surfaced again a month later with the help of his life-long friend, Border Patrol agent Rene Sanchez,
stationed in Willcox, Arizona. Davila was also assisted by Homeland Security agent Christopher Sanchez in El
Paso, who started an investigation into the case. Somehow, they managed to get Debra Kanof, Chief
Prosecutor for Major Crimes with the U.S. Attorney’s Office in the Justice Department involved. (How or why
someone at this level would want to escalate and aggressively prosecute two outstanding BP agents for
administrative policy violations is a whole other story.)

Kanof acted swiftly, handing out immunities to anybody who would testify against Ramos or Compean. She also
provided the drug smuggler with free medical attention at William Beaumont Army Hospital in El Paso and free
passage back and forth between the U.S. and Mexico, not bad treatment for an illegal alien and known drug
smuggler. Kanof alleged that the smuggler was an innocent person who was shot by the agents as he ran away
from them, fearing the agents were trying to beat him up.

The details. With Ramos and Compean in hot pursuit of this drug smuggler, Davila was forced to ditch his van
loaded with 743 lbs of marijuana. In attempting to escape, Davila assaulted and cut BP agent Jose Alonso
Compean and left him on the ground bleeding. While Compean was chasing Davila on foot, Ramos had been
trying to outflank Davila to cut off his escape into Mexico.

Hearing gun shots and calls for help from his fellow agent, Ramos raced to the scene and found Compean on
the ground bleeding. He saw Davila racing towards the Rio Grande, about to cross into Mexico and escape.

Agent Ramos began to chase after the smuggler who had just assaulted his fellow officer. Then the smuggler
turned and pointed something at Ramos that he believed was a gun. The time was approximately 1:15pm. It was
broad daylight. Ramos, fearing for his life and believing that Davila had already been shooting at his fellow
officer, took a single shot at the smuggler. At this time, nobody knew that the smuggler had been wounded.

The smuggler turned back towards the border and kept running. He disappeared into the tall, thick brush along
the river. Later, Davila was spotted running across the dry river bed and jumping into a waiting vehicle with two
other suspects. This was witnessed by four Border Patrol agents, documenting that Davila was not some
“innocent” illegal alien, but a bona fide drug smuggling operation. The three smugglers took off and the agents
walked back to the abandoned van where they discovered the 743 pounds of marijuana.

BP supervisor, Jonathan Richards, who had arrived on the scene, was very angry that the smuggler had gotten
away. Richards ordered everyone to report to the station. He also told them to load the 743 lbs of marijuana
onto their vehicles and take it to the station.
Richards never went across the canal to investigate the assault or to check on agent Compean. Ramos and
another agent, named Yrigoyen later testified they told Richards that Compean had been assaulted. At the
station, another agent, Mendez, stated that Compean had cuts on his face and hand. He said this in the
presence of Supervisor Richards. This is significant because Richards denied having any knowledge of
Compean’s injuries.

The BP supervisor lied on the witness stand, testifying that no one told him Compean had been assaulted,
which is his excuse for never notifying the F.B.I. of this fact. The truth is that he offered Compean medical
attention and had asked Compean several times if he was OK. The physical evidence was apparent as
Compean was cut and covered with dirt. Richard's failure to notify the F.B.I. of the assault is the reason why the
case was never investigated.

Because of the supervisor’s actions, none of the agent's filled out firearms discharge reports. This
administrative policy violation calls for a five day suspension without pay. After checking again on Compean’s
condition and asking him if he wanted to file assault charges, according to testimony, Richards then made a
statement saying, “If we call the F.B.I. we are going to be here all night doing paperwork. We will never know
who the person was that assaulted you although we've got the van and the marijuana." After than, everyone
went back to work.

The Arrest. In a dramatic display of overkill, the two BP agents, Ramos and Compean, were arrested by SWAT
teams, armed with automatic weapons, at their homes. They were roughed up by the arresting officers before
handcuffing them. And all of this was done in front of their families, including their young children.

They were charged with attempted murder, indicted, placed under house arrest for eight long months; tried and
convicted by overzealous, unethical and vicious prosecutors who were certainly not out for justice, but for
reasons that, someday, hopefully, will become clear.

During their time in jail, awaiting their trial, Ramos and Compean were offered plea bargains approximately eight
times. The last offer came five weeks before trial. That offer was for one year in prison and reimbursement to
the government for the $35,000 in medical bills for the treatment of the drug smuggler.

Kanof continued to pile up counts against them until the agents were facing 40 years to life because of the
count stacking. They rejected the plea bargain because they knew they were innocent and they had faith in our
country’s legal system. Had they been guilty, they would have taken those plea bargain offers in a heart beat.

The trial. The prosecutor, Debra Kanof said that all Davila was trying to do was get back home to Mexico. She
said the agents never should have chased him, because they did not know what was in the van. (Doesn’t
spotting a van crossing the Mexican border into the U.S., illegally, count as probably cause to warrant
interdiction by the BP?)

The supervisor, clearly under pressure from Major Crimes Prosecutor Kanof, testified that he knew nothing of
the pursuit, even though he had been on the scene and had been inspecting the van with several other agents.

At the trial, the drug smuggler claimed that Compean fired 5 or 6 shots at him. During the trial, the prosecution
upped that number to 16 shots.

The story Davila told the Justice Department was that he was walking across from Mexico (illegally) when Ramos
and Compean tried to beat him up. Although under oath, he changed his story many times during the trial. He
finally admitted that he was paid $1000.00 to bring the load to an El Paso stash house after he was given
immunity from prosecution in exchange for his testimony against the two agents.
Davila claimed that he was shot in the back as he fled back to Mexico. The U.S. Army doctor who removed the
bullet fragment from the smuggler's right groin disagreed. Although he was testifying as a government witness,
he told the truth and stated, "The smuggler was not shot from behind". "He was in a running position, (bladed
position) and pointing back with his left arm and hand when the bullet hit his left side of his left buttock and
traveled to his right groin.

The prosecution then suggested that he may have been shot as he was running across and not away from
agent Ramos. The doctor disagreed and so he was quickly dismissed by the prosecution.

The Bottom Line. The two agents were sentenced to 11 and 12 years in federal prison, respectively, on charges
of assault with a deadly weapon and for violation of the drug smuggler's civil rights. They were charged with 11
and 12 counts, respectively, because every time they rejected Kanof’s offer to plea bargain, she would become
furious and dream up more counts against them.

In less than six weeks, two brave, honest and dedicated young agents, who have risked their lives for many
years arresting illegal aliens, human smugglers and drug smugglers, will be sent off to prison, while Osbaldo
Aldrete-Davila, a known drug dealer goes free.

While my family is suffering emotional trauma and financial disaster, this low-life drug smuggler is laughing at
the Border Patrol and planning to sue them for $5 million dollars.

Our family is already in debt more than $100,000 in legal fees. We are right on the edge of financial disaster
and, yet, if these agents are not pardoned, we will have to raise the funds necessary to pay for the appeal to
get a new, fair trial.

If you wish to make a contribution to help Agent Ignacio Ramos, please make your check payable to Ignacio
Ramos and mail it directly to the family at Ignacio Ramos, P.O. BOX 972925, El Paso, TX 79997.

Thank you.