81R5785 MMS-F

By: Berman H.C.R. No. 34

CONCURRENT RESOLUTION

WHEREAS, United States Border Patrol Agents Ignacio Ramos and Jose Compean worked on the United States border with Mexico; and

WHEREAS, David Aguilar, the chief of the Office of Border Patrol, testified before the United States Senate that "Border violence incidents are perpetrated against our agents on an all too frequent basis . . . from February 1, 2005, through June 30, 2007, there have been 1,982 incidents where border patrol agents have been assaulted. These assaults include rockings, physical assaults, vehicular assaults, as well as shootings and assaults with other weapons. . . . Border patrol agents have responded with the use of deadly force on 116 occasions, with 144 agents discharging their weapons during these 116 incidents"; and

WHEREAS, This information would support the premise that border patrol agents operate in a climate of tension, danger, and even fear for the safety of themselves and others; and

WHEREAS, On February 17, 2005, near Fabens, Texas, Agents Ramos and Compean, along with other border patrol agents, were involved in the pursuit of Osvaldo Aldrete-Davila, a Mexican national they suspected of smuggling drugs; and

WHEREAS, After a high speed vehicle chase, Aldrete-Davila abandoned the van he was driving on the United States side of the border and fled on foot toward the border with Mexico; and

WHEREAS, Agents Ramos and Compean also exited their respective vehicles and continued the pursuit on foot, with Agent Compean attempting to intercept Aldrete-Davila while Agent Ramos chased Aldrete-Davila directly; and

WHEREAS, During the incident, both Agents Ramos and Compean discharged their weapons, and Agent Ramos testified later that he believed Aldrete-Davila had a gun in his hand, while Agent Compean testified that he saw something "shiny" in Aldrete-Davila's hand, but no weapon was recovered; and

WHEREAS, According to forensic evidence, Aldrete-Davila was struck by a bullet from the gun of Agent Ramos, but both agents later testified that they did not realize at the time that he had been hit; and

WHEREAS, Aldrete-Davila fled across the border into Mexico; the van driven by Aldrete-Davila was discovered by other border patrol agents to contain 743 pounds of marijuana, worth approximately $1 million; and

WHEREAS, Following an investigation by the United States Department of Homeland Security's Inspector General and the office of the United States Attorney for the Western District of Texas, Agents Ramos and Compean were arrested approximately one month after the incident; and

WHEREAS, Serious questions have been raised about the manner in which the office of United States Attorney Johnny Sutton prosecuted the agents, basing his cases largely on the testimony of Aldrete-Davila, testimony for which he was granted "limited use immunity" by United States Attorney Sutton's office; and

WHEREAS, Aldrete-Davila was not required to fully honor his immunity agreement and testify about his alleged involvement in drug trafficking after the events of February 17, 2005, and before the trial of Agents Ramos and Compean began; and

WHEREAS, Aldrete-Davila was arrested in the United States on November 15, 2007, and charged with conspiracy to possess marijuana between June 1, 2005, and November 30, 2005, and also charged with smuggling approximately 750 pounds of marijuana, worth over $1 million, in October 2005, during the period he possessed "limited use immunity" for his testimony against Agents Ramos and Compean; and

WHEREAS, Among other charges, Border Patrol Agents Ramos and Compean were charged by the United States Attorney's office under Section 924(c), Title 18, United States Code, with "Discharge of a firearm in commission of a crime of violence," which carries a 10-year mandatory minimum sentence; and

WHEREAS, Agents Ramos and Compean admitted that they did not fully adhere to border patrol policies with regard to reporting the incident, an error that usually would have led to a written reprimand, suspension, or dismissal; and

WHEREAS, Agents Ramos and Compean were found guilty of violating Section 924(c), Title 18, United States Code, and received the 10-year mandatory minimum sentence; and

WHEREAS, Agents Ramos and Compean were also convicted on other charges, so that their total sentences amounted to 11- and 12-year terms, respectively; and

WHEREAS, According to the United States Sentencing Commission, the average sentences in federal cases of sexual abuse averaged 8-1/3 years in 2006, the last year for which data is available; and

WHEREAS, According to the United States Sentencing Commission, sentences in federal cases for manslaughter averaged just less than four years in 2006; and

WHEREAS, According to the United States Sentencing Commission, the average sentences in federal cases of assault averaged just less than three years in 2006; and

WHEREAS, According to the United States Sentencing Commission, sentences in federal cases involving firearms charges averaged three years in 2006; and

WHEREAS, The sentences imposed on Agents Ramos and Compean are profoundly disproportionate based on the totality of circumstances and sentencing guidelines; and

WHEREAS, These disproportionate sentences constitute a miscarriage of justice; and

WHEREAS, Former Deputy Chief Luis Barker, who headed the border patrol office in the El Paso sector at the time of the incident, stated before the United States Senate that he agreed the penalty received by Agents Ramos and Compean was disproportionate; and

WHEREAS, United States Attorney Sutton, referring to the sentences received by Agents Ramos and Compean, said, "Some say it's just too much time, and I have some sympathy for that"; and

WHEREAS, Aldrete-Davila was reported in a press account to have stated that he thought the sentences were excessive; and

WHEREAS, Agents Ramos's and Compean's motions to remain free on bond while they appeal their sentences were denied; and

WHEREAS, Agents Ramos and Compean have been imprisoned since January 17, 2007, and had their sentences commuted by the president of the United States on January 19, 2009; now, therefore, be it

RESOLVED, That the 81st Legislature of the State of Texas hereby respectfully request that the president of the United States immediately grant a full pardon to both agents, with restoration of pay and benefits; and, be it further

RESOLVED, That the Texas secretary of state forward an official copy of this resolution to the president of the United States of America.