Feds seeking 7 years for another Texas cop

[Pred]

There is something seriously wrong with this country. Oh, and to really add to the mix, Suttons boss is Attorney General Alberto Gonzales.

The federal government has recommended a seven-year prison term for Gilmer Hernandez, a Texas deputy sheriff who drew grass-roots support after he was convicted for violating the civil rights of a fleeing illegal alien, WND has learned.
In a case prosecuted by U.S. Attorney Johnny Sutton in El Paso, who also led the high-profile prosecution of former Border Patrol agents Ignacio Ramos and Jose Compean, Hernandez was charged after stopping a van full of illegals for running a stop sign April 14, 2005, in Rocksprings, Texas.
The driver attempted to run over Hernandez, prompting the officer to fire his weapon at the rear tires. A bullet fragment hit a Mexican national, Marciela Rodriguez Garcia, in the mouth, cutting her lip and breaking two teeth.
Hernandez's boss, Deputy Don Lettsinger, told WND he considers the sentencing guidelines severe, especially since he believes "Deputy Hernandez should never have been indicted for this incident in the first place."
Hernandez's sentencing hearing has been scheduled for March 19 in the court of Robert T. Dawson from the U.S. District Court, Western Arkansas, in Port Smith, Ark. Dawson is a 1998 Clinton appointee.
"I am hopeful that Judge Dawson will deviate from the government's guidelines, which he has the authority to do," Lettsinger said. "I am hoping the judge saw the truth in the courtroom."
Jimmy Parks, Hernandez's attorney, told WND his client is "in shock at hearing this news. He's terrified."
Parks said Hernandez "knows that in a short time, if the judge sends him to prison, he will spend every day of the next several years trying to protect himself from the very people he dedicated his life to protect us from."
"Gilmer worked diligently and assiduously to put criminals away, to take people who were committing dangerous crimes away, to assure that they are placed behind bars to protect us and to rehabilitate them," Parks explained. "And now all of a sudden Gilmer is facing a time where he will be locked up in a cage with these criminals and he knows they are ready and prepared to retaliate and seek their vengeance."
Ramos and Compean now are serving 11- and 12-year prison sentences for their part in the shooting of a Mexican drug smuggler who was given immunity to testify against them.
Parks told WND Hernandez knows his life will be in danger in prison.
"All he can think about is his little baby, Electra, will be home with his wife," Parks said, "and him being in his position where he is going to have to pray to survive every single day."
Ramos, after his supporters expressed similar fears, was beaten by fellow inmates following the airing of an "America's Most Wanted" television program in which his case was featured.
As WND reported, the federal prosecution of Hernandez began only after the Mexican Consulate in Eagle Pass, Texas, wrote a series of letters demanding the Bush administration prosecute him for injuring a Mexican national.
Lettsinger believes Hernandez did nothing wrong and that the Texas Rangers were not going to recommend prosecution as a result of their investigation.
Hernandez is in federal prison, under the custody of U.S. Marshals in the Del Rio, Texas, Val Verde County detention facility.
Parks said Hernandez's wife is devastated by news of the sentencing guidelines.
"Her husband wanted to be in law enforcement. He took his oath very seriously," Parks said." She never would have believed that Gilmer would be facing sentencing for a felony conviction."
Parks expressed hope Judge Dawson would consider the guidelines as only advisory.
"The guidelines have never taken into account the extreme and extraordinary duress law enforcement officers face on the border after 9/11," Parks said. "The guidelines have never been adjusted to reflect the pressure law enforcement on the border feels when they get directives from the Department of Homeland Security that puts an extraordinary onus upon them."
Border Patrol officers are told they are the first line of defense from terrorist activity that comes across the border from the Middle East or Central America, including the notorious MS-13 gang, Parks argued.
"The MS-13 gang had a directive that they were to kill any police officer who pulled them over," said Parks. "MS-13 had a special holiday called 'Kill a Cop' day in which they were each supposed to make an effort to kill a police officer."
Parks said he will immediately begin preparing a response to the sentencing guidelines.
"Because of this duress and extreme heightened sensitivity to the danger law enforcement on the border faces, these guidelines are not a fair assessment of what would be a proper punishment in a case like this," he insisted.
Parks told WND he is overwhelmed by the outpouring of support the city of Rocksprings and Del Rio County have shown Hernandez.
"This community believes that Gil Hernandez would never have committed the criminal offense with which he was charged," Parks said. "We have been inundated with letters and phone calls on Gilmer's behalf and these are not from people who are making rash decisions based on the apparent facts of the case. These letters and phone calls are from people who have knowledge of Gilmer's life and his character and the love he has shown these people."
Parks said the community outpouring of support has come about because of what Hernandez has done for the community.
"The people in Rocksprings and Del Rio County feel an obligation and a responsibility to jump in on Gilmer's behalf because of what he has done for them," he said. "This has never happened to me before as a criminal defense lawyer."

WorldNetDaily: Feds seeking 7 years for another Texas cop

[Dale]

Word can't adequately express the anger I feel over this case.

Last time I check an on-coming vehicle you believe is trying to dispatch yer butt from this earth is a speeding lethal weapon and fair game.

Grrrrrrrrrrr!

[.22guy]

In a sane world Dale, that's true. But apparently the world and this country have gone insane.

Pretty soon, they won't be able to get people to work as border patrol or cops near the border because they now they will get in trouble for doing their jobs or protecting their own lives. No one to watch the borders? Bingo, throw them completly open!!!!

[troy2000]

Originally Posted by Pred

There is something seriously wrong with this country. Oh, and to really add to the mix, Suttons boss is Attorney General Alberto Gonzales.
WorldNetDaily: Feds seeking 7 years for another Texas cop

This guy needs to be looked at closely, to see why he's prosecuting the wrong people.

[SPOCAHP ANAR]

Something's fishy here. I would really love to see the evidence in these cases. I know innocent people DO get convicted but I find that 2 cases in a row a little overwhelming to believe. What was the evidence they used to convict these guys?

[Rufus Rhastus J]

Originally Posted by Dale

Word can't adequately express the anger I feel over this case.
Last time I check an on-coming vehicle you believe is trying to dispatch yer butt from this earth is a speeding lethal weapon and fair game.
Grrrrrrrrrrr!

It is really sad. I know there's facts besides what we all consider but, the one fact that is of interest to me is that the officer acted properly. It's the law that's in need of review.
PS I never liked attorney general gonzalez. He appears to be just another "Yes man" for our leader.

[Rave]

S.O.S.! everything is 180 degrees out of kilter.Don't know why,just nuts. ?

[knightRider]

lord help us this worlds going coo coo

[Calvin]

I feel sorry for 1*. His chief USED to be chief here in Dayton. He passed a shoot/no-shoot policy regarding vehicles. He claimed cars are NOT considered deadly weapons and officers cannot fire upon them. Seems to be the mentality these days. Some other "chiefs" have chosen the same doctrine and are only making it harder for cops to do their jobs.
Now, excuse me here for a brief moment of reality, but if it came to choosing a 180-grain .40 bullet or my 4000-pound cruiser, I think the obvious would be the cruiser. And, for many illogical reasons. I can move the vehicle to follow the perp (try that with a bullet), I can back up in case I missed (again, try that with a bullet), I can gurantee minimal ricochet (yep, you guessed it!), and if they take the cruiser for evidence, I still have my sidearm.
Now, with that in mind, it works almost the same for a crook. Officers are killed almost every day with a car. I feel the officer acted responsibly by trying to shoot the tires out. The person driving that car is a menace to society and needed to be stopped. There should have been no way this ever got this far! Based on the evidence provided by the defense (and agreed upon by the prosecution) the officer WAS in harm's way when the perp drove away. He tried to hit the officer by turning his wheels sharply to the left. What's this cop supoosed to do? Stand there for the picture so they can give it to his next of kin? Or, maybe step back and try to immediately disable the vehicle so it can't go far and make it easier (and safer) to stop the vehicle further up the road?
Troy is right- someone needs to investigate this prosecutor. What would have happened had there been backup involved? Would those offiers be on trial, also? Maybe they would have charged Hernandez with inducing panic for calling backup on an attempted vehicle strike? Give me a break!
At the rate this prosecutor is hemming up LE officers I am surprised there's not the biggest case of "Blue Flu" in U.S. history......

[troy2000]

Here's a link to a website that has Border Patrol Agent Gary Brugman's story in his own words: he was arrested, prosecuted and convicted in 2001 in spite of five supervisors testifying on his behalf, and spent two years in prison in the general population.

It's another case where Sutton actually hunted a "victim" down in Mexico, and brought him over to testify. His daughter's chemotherapy was mysteriously paid for after he testified against Brugman.

Sutton also brought in a drug smuggler Brugman had apprehended, who was serving a five-year sentence, and he told a story of being mistreated by Brugman. Gee; what possible motive could he have had for doing that?

Gary Brugman - Another Victim of Johnny Sutton's Malicious Prosecution

I dunno; maybe we're only getting one side of these stories. But Mr. Sutton is starting to have a bad odor; I wouldn't want to be downwind of him on a hot day.

[.22guy]

Someone needs to look into this guy in a hurry. Unless his orders come from higher up, I guess. Then it's pointless....

[SKS NOOB]

Well, to put it simlply. If those people in the van hadn't been doing something illegal in the first place, the officer wouldn't be in this situation in the first place, now would he?

[Rave]

Bottom line,if you value you freedom/job,don't mess with the illegals!

[Otter]

I was taught the only way to stop a vehicle is shoot the driver, don't shoot at the tires, don't try to shoot through the hood. I haven't tried this with new vehicles, but in the seventies we fired .45 into the hood of a chevy while standing next to the car, simulating trying to disable a vehicle by hitting the engine. The .45 ball rounds wouldn't punch through the hood. The .45 ball rounds would, however, punch through the driver's head.

[billt]

This isn't all that difficult to figure out. What "they", (law enforcement higher ups), are trying to accomplish, is to put the fear of God into these border agents and law enforcement in general along the border, so they will simply let these tonks go free without any interference. These guys are going to be in fear of their jobs and personal freedom if they even try and stop these vermin. "What if something goes wrong and I have to shoot? Screw it, it's just not worth it." Thats exactly whats going to happen. Where have you ever heard of cops getting the $h!t end of the stick this way? It didn't even happen in the Rodney King debacle. But God forbid, stop a tonk and it's into the meat grinder you go. Bill T.

[SKS NOOB]

Troy I just got a chance to read that link you provided. I am sickened to the point of speechlessness.

[troy2000]

"In 1995 Sutton, a former assistant district attorney in Harris County, Texas, was named the Criminal Justice Policy Director for then-Governor George Bush. He served in that post until 2000, when Bush was elected president."

"In the wake of Bush’s victory, Sutton was named associated deputy attorney general at DOJ in Washington, D.C., and also served as a policy coordinator for the Bush-Cheney presidential transition team."

"In late October of 2001, Sutton was appointed by Bush to serve as U.S. Attorney for the Western District of Texas in San Antonio."

That doesn't necessarily prove that someone higher up is putting Sutton up to this. But it might at the very least explain why he's getting away with it...

[Rufus Rhastus J]

the entire mess, with illegals, and these unfortunate law enforcement officers, just continues to sicken me. I'm so disappointed with our current leaders. Again I ask: "Who would have thought it would be this way?"

[Rave]

President Bush said in a 2000 speech,shown again last night,that"What America wants is honesty and dignity in government,that's what America wants."

[Rufus Rhastus J]

And that's what America got......in spades! Wouldn't you say! Bush and the cherry tree!