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"Two U.S. Border Patrol agents were sentenced to prison terms of 11
years and 12 years for shooting a drug-smuggling suspect in the
buttocks as he fled across the U.S.-Mexico border.
U.S. District Court Judge Kathleen Cardone in El Paso, Texas,
sentenced Jose Alonso Compean to 12 years in prison and Ignacio
Ramos to 11 years and one day despite a plea by their attorney for a
new trial after three jurors said they were coerced into voting guilty
in the case, the Washington Times reported." ~ WorldNetDaily.com
years and 12 years for shooting a drug-smuggling suspect in the
buttocks as he fled across the U.S.-Mexico border.
U.S. District Court Judge Kathleen Cardone in El Paso, Texas,
sentenced Jose Alonso Compean to 12 years in prison and Ignacio
Ramos to 11 years and one day despite a plea by their attorney for a
new trial after three jurors said they were coerced into voting guilty
in the case, the Washington Times reported." ~ WorldNetDaily.com
Let's start with the only thing that is undisputed in the tragic case cited
above...those two Border Patrol agents did not prepare and submit
administrative reports regarding the discharge of their weapons. I
assume there was an incident report regarding the seizure/recovery of
the drugs involved, and -- evidently -- there was no mention in that
report referencing the shots fired.
Also...if reports regarding the number of agents responding to the
incident is somewhat accurate, I find it monumentally hard to believe
that no supervisor was aware that shots had been fired. When you
make your first response to "shots fired" involving a police officer,
you'll know exactly what I'm talking about.
As your police career progresses, you're going to see some prosecutions,
as well as non-prosecutions, that have more to do about politics than
about justice. You'd think that since police officers are the most
frequent defendants in the political prosecutions, cops would have a
better understanding of their jeopardy...especially when it comes to
discharging their service pistols.
If I were to speculate, I'd assume that the Border Patrol agents, more
than just the two going to jail, concluded that since the shots didn't hit
the guy, or so they thought, why go through all the paperwork? Of
course, my speculation is only based upon many years of experience
involving a lot of police officers who think that way. Circumventing
what many believe to be needless rules and procedures is all fun and
games; until, somebody gets fired, or worse...goes to jail!
Here's what you've got to get through your head. There are many,
many people who don't like police officers. They dislike you most for
the power and authority you possess. Many of these people are
themselves in positions of power, and they believe that cops must
periodically be sent to jail to keep the rest of you under control. Of
course, you'll really be fighting cynicism when you see real criminal
cops enjoy the mercy, and sometimes even the protection, of those
powerful cop haters and their allies within law enforcement agencies.
Had the Border Patrol agents submitted the proper and complete
reporting stating the same reasons for discharging their weapons as
they would later explain to a jury, that would have been the end. Had
the drug dealer come forward complaining about the bullet in his butt,
the only thing he'd have gotten for his trouble was a felony drug charge
as well as charges for assaulting the agents.
You'd think by now that police officers would understand how excited
prosecutors get when they suspect a cover-up. Once they realize that
they can actually prove a cover-up, they become ecstatic. There's no
more fertile circumstances provided for cover-ups than cops too lazy to
write reports.
If you ever have to fire your service pistol in the line of duty, [aside
from training] you'll be required to submit a written report. There are
no exceptions. If a supervisor ever tells you that you don't need to write
a report, reference that stupid direction in your report as well. Of
course, you'll be asked to remove that reference when your report is
reviewed.
Those Border Patrol agents certainly didn't do the right thing after their
confrontation with that drug dealer. Whatever the reasons for not
making the proper reporting, they were certainly candidates for
punishment. The government had the evidence and means to subject
the agents to any number of administrative punishments up to and
including termination of their employment.
If the government wanted to send a message to all Border Patrol agents,
firing the two agents would have accomplished that goal. However,
circumstances and political climate will always affect how police officers
are disciplined, or prosecuted, when they fail to follow procedures.
Like the Boarder Patrol agents, this officer failed to report the
discharge of his service revolver. What this officer had going for him
was a competent supervisor who conducted an immediate, competent
and thorough investigation. In the end, after interviewing the suspect,
responding officers, the desk sergeant, and turn-key, it was clear that
the only violation by the officer was his failure to report the discharge of
his weapon. All the interviews, including that of the suspect, made it
clear that the officer believed the bullet he'd fired had been discharged
harmlessly into the ground. In fact, the suspect turned out to be the
best witness of all in supporting the officer's reason for resorting to
deadly force, and his [suspect's] belief that the officer did not know he'd
shot him.
The officer, being so new an inexperienced, used poor judgement.
However, he made no effort to cover up anything, and he was really
lucky. Aside from having a good sergeant, the same suspect, who had
no qualms about choking out a police officer, ended up displaying some
pretty good character by being completely truthful. Because he had so
much going for him, this police officer would go on to enjoy a productive
police career.
You're going to make mistakes during your career, but don't let any of
those mistakes be stupid and totally preventable ones. Failing to report
your discharge of your service pistol is certainly stupid and preventable.
above...those two Border Patrol agents did not prepare and submit
administrative reports regarding the discharge of their weapons. I
assume there was an incident report regarding the seizure/recovery of
the drugs involved, and -- evidently -- there was no mention in that
report referencing the shots fired.
Also...if reports regarding the number of agents responding to the
incident is somewhat accurate, I find it monumentally hard to believe
that no supervisor was aware that shots had been fired. When you
make your first response to "shots fired" involving a police officer,
you'll know exactly what I'm talking about.
As your police career progresses, you're going to see some prosecutions,
as well as non-prosecutions, that have more to do about politics than
about justice. You'd think that since police officers are the most
frequent defendants in the political prosecutions, cops would have a
better understanding of their jeopardy...especially when it comes to
discharging their service pistols.
If I were to speculate, I'd assume that the Border Patrol agents, more
than just the two going to jail, concluded that since the shots didn't hit
the guy, or so they thought, why go through all the paperwork? Of
course, my speculation is only based upon many years of experience
involving a lot of police officers who think that way. Circumventing
what many believe to be needless rules and procedures is all fun and
games; until, somebody gets fired, or worse...goes to jail!
Here's what you've got to get through your head. There are many,
many people who don't like police officers. They dislike you most for
the power and authority you possess. Many of these people are
themselves in positions of power, and they believe that cops must
periodically be sent to jail to keep the rest of you under control. Of
course, you'll really be fighting cynicism when you see real criminal
cops enjoy the mercy, and sometimes even the protection, of those
powerful cop haters and their allies within law enforcement agencies.
Had the Border Patrol agents submitted the proper and complete
reporting stating the same reasons for discharging their weapons as
they would later explain to a jury, that would have been the end. Had
the drug dealer come forward complaining about the bullet in his butt,
the only thing he'd have gotten for his trouble was a felony drug charge
as well as charges for assaulting the agents.
You'd think by now that police officers would understand how excited
prosecutors get when they suspect a cover-up. Once they realize that
they can actually prove a cover-up, they become ecstatic. There's no
more fertile circumstances provided for cover-ups than cops too lazy to
write reports.
If you ever have to fire your service pistol in the line of duty, [aside
from training] you'll be required to submit a written report. There are
no exceptions. If a supervisor ever tells you that you don't need to write
a report, reference that stupid direction in your report as well. Of
course, you'll be asked to remove that reference when your report is
reviewed.
Those Border Patrol agents certainly didn't do the right thing after their
confrontation with that drug dealer. Whatever the reasons for not
making the proper reporting, they were certainly candidates for
punishment. The government had the evidence and means to subject
the agents to any number of administrative punishments up to and
including termination of their employment.
If the government wanted to send a message to all Border Patrol agents,
firing the two agents would have accomplished that goal. However,
circumstances and political climate will always affect how police officers
are disciplined, or prosecuted, when they fail to follow procedures.
Like the Boarder Patrol agents, this officer failed to report the
discharge of his service revolver. What this officer had going for him
was a competent supervisor who conducted an immediate, competent
and thorough investigation. In the end, after interviewing the suspect,
responding officers, the desk sergeant, and turn-key, it was clear that
the only violation by the officer was his failure to report the discharge of
his weapon. All the interviews, including that of the suspect, made it
clear that the officer believed the bullet he'd fired had been discharged
harmlessly into the ground. In fact, the suspect turned out to be the
best witness of all in supporting the officer's reason for resorting to
deadly force, and his [suspect's] belief that the officer did not know he'd
shot him.
The officer, being so new an inexperienced, used poor judgement.
However, he made no effort to cover up anything, and he was really
lucky. Aside from having a good sergeant, the same suspect, who had
no qualms about choking out a police officer, ended up displaying some
pretty good character by being completely truthful. Because he had so
much going for him, this police officer would go on to enjoy a productive
police career.
You're going to make mistakes during your career, but don't let any of
those mistakes be stupid and totally preventable ones. Failing to report
your discharge of your service pistol is certainly stupid and preventable.
| A Police Officer discharging a firearm is a big deal |
Many years ago, a very new police officer [no...it wasn't me
this time] was trying to arrest a man for a relatively minor
crime. The man resisted the officer, and they got involved in
a violent struggle. As they rolled around on the ground, the
suspect got on top of the officer where he applied a very
effective choke hold.
The officer could not break the choke hold, and he felt himself
losing consciousness. The only means of defense left to the
officer was his service revolver. Just as he was about to pass
out, the officer got his revolver out of the holster, and he
pulled the trigger. As soon as the weapon discharged, the
suspect rolled off the officer onto his knees and surrendered.
The officer held the suspect at gunpoint; until, help arrived,
and the suspect was transported to the station house. The
suspect went through the booking process with the desk
sergeant as the turn-key (cell block officer) made a thorough
search of the suspect's clothing. After booking, the turn-key
fingerprinted the suspect and placed him into a cell.
About two hours passed when the suspect called out the
familiar cell block refrain, "Turn-key." "Yea, what do you
want," asked the turn-key? "I need to go to the hospital."
The turn-key asked the obvious, "Why?" "I'm shot," replied
the suspect. People in police cell blocks often come up with
some good ones, and the turn-key didn't believe the suspect.
After much insistence that he was telling the truth, the
turn-key said, "Okay, show me." The suspect dropped his
pants and pressed his thigh against the bars to give the
turn-key a close look.
The turn-key had seen enough bullet wounds to realize that he
was looking at one now. When he asked the suspect who'd
shot him, he had to pause to comprehend the suspect's reply.
The turn-key then chastised the suspect, "Why didn't you say
something sooner?" The suspect answered, "It didn't hurt at
first, but now it's really hurting."
this time] was trying to arrest a man for a relatively minor
crime. The man resisted the officer, and they got involved in
a violent struggle. As they rolled around on the ground, the
suspect got on top of the officer where he applied a very
effective choke hold.
The officer could not break the choke hold, and he felt himself
losing consciousness. The only means of defense left to the
officer was his service revolver. Just as he was about to pass
out, the officer got his revolver out of the holster, and he
pulled the trigger. As soon as the weapon discharged, the
suspect rolled off the officer onto his knees and surrendered.
The officer held the suspect at gunpoint; until, help arrived,
and the suspect was transported to the station house. The
suspect went through the booking process with the desk
sergeant as the turn-key (cell block officer) made a thorough
search of the suspect's clothing. After booking, the turn-key
fingerprinted the suspect and placed him into a cell.
About two hours passed when the suspect called out the
familiar cell block refrain, "Turn-key." "Yea, what do you
want," asked the turn-key? "I need to go to the hospital."
The turn-key asked the obvious, "Why?" "I'm shot," replied
the suspect. People in police cell blocks often come up with
some good ones, and the turn-key didn't believe the suspect.
After much insistence that he was telling the truth, the
turn-key said, "Okay, show me." The suspect dropped his
pants and pressed his thigh against the bars to give the
turn-key a close look.
The turn-key had seen enough bullet wounds to realize that he
was looking at one now. When he asked the suspect who'd
shot him, he had to pause to comprehend the suspect's reply.
The turn-key then chastised the suspect, "Why didn't you say
something sooner?" The suspect answered, "It didn't hurt at
first, but now it's really hurting."
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