Feds Jail Federal Agent for Improperly Lifting Drug Smuggling Suspect

by Stephan Tawney on October 26, 2011

Welcome to Obama’s America: Throw law enforcement behind bars for failing to treat drug smugglers with kid gloves.

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 while handcuffed — in what the Justice Department called a deprivation of the teenager’s constitutional right to be free from the use of 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 Ludlum in 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.

Oh no, he was beaten! That’s what the Mexican consulate said! I was totally wrong, this was really inappropriate…oh, wait, photos taken after the incident revealed no injuries or bruising. The only marks on his body were those lefty behind by straps from the heavy pack of drugs he was smuggling into the country.

So…he wasn’t beaten. Mexican officials lied yet continued to seek prosecution. And our dumbass government said “okay” and even granted immunity so the drug smuggler could help put a federal agent behind bars. He was convicted on false testimony and for using a “near-universal” police technique of lifting the suspect by the arms.

The council said other witnesses made contradictory claims and some later admitted to having perjured themselves. Such admissions, the council said, were ignored by the court and the government. It also said that probationary agents who claimed to have witnessed the assault raised no objections during the incident and failed to notify an on-duty supervisor until hours later.

“Instead, they went off-duty to a local ‘Whataburger’ restaurant, got their stories straight and reported it hours later to an off-duty supervisor at his home,” the council said. “Then the ‘witnesses’ went back to the station and reported their allegations.”

This, by the way, is the same U.S. Attorney’s office that tried to send Agents Ignacio Ramos and Jose Compean to prison for 12 years because they shot a drug smuggler who was attempting to evade arrest and escape back into Mexico. And the same U.S. Attorney’s office charged Deputy Gilmer Hernandez with violating the constitutional rights of a criminal illegal alien because he shot out the tires of a vehicle that attempted to run him over.

 



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