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.