Texas 2009 - 81st Regular

Texas House Bill HCR34 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5785 MMS-F
2	2	By: Berman H.C.R. No. 34
3	3
4	4
5	5	CONCURRENT RESOLUTION
6	6	WHEREAS, United States Border Patrol Agents Ignacio Ramos and
7	7	Jose Compean worked on the United States border with Mexico; and
8	8	WHEREAS, David Aguilar, the chief of the Office of Border
9	9	Patrol, testified before the United States Senate that "Border
10	10	violence incidents are perpetrated against our agents on an all too
11	11	frequent basis . . . from February 1, 2005, through June 30, 2007,
12	12	there have been 1,982 incidents where border patrol agents have
13	13	been assaulted. These assaults include rockings, physical
14	14	assaults, vehicular assaults, as well as shootings and assaults
15	15	with other weapons. . . . Border patrol agents have responded with
16	16	the use of deadly force on 116 occasions, with 144 agents
17	17	discharging their weapons during these 116 incidents"; and
18	18	WHEREAS, This information would support the premise that
19	19	border patrol agents operate in a climate of tension, danger, and
20	20	even fear for the safety of themselves and others; and
21	21	WHEREAS, On February 17, 2005, near Fabens, Texas, Agents
22	22	Ramos and Compean, along with other border patrol agents, were
23	23	involved in the pursuit of Osvaldo Aldrete-Davila, a Mexican
24	24	national they suspected of smuggling drugs; and
25	25	WHEREAS, After a high speed vehicle chase, Aldrete-Davila
26	26	abandoned the van he was driving on the United States side of the
27	27	border and fled on foot toward the border with Mexico; and
28	28	WHEREAS, Agents Ramos and Compean also exited their
29	29	respective vehicles and continued the pursuit on foot, with Agent
30	30	Compean attempting to intercept Aldrete-Davila while Agent Ramos
31	31	chased Aldrete-Davila directly; and
32	32	WHEREAS, During the incident, both Agents Ramos and Compean
33	33	discharged their weapons, and Agent Ramos testified later that he
34	34	believed Aldrete-Davila had a gun in his hand, while Agent Compean
35	35	testified that he saw something "shiny" in Aldrete-Davila's hand,
36	36	but no weapon was recovered; and
37	37	WHEREAS, According to forensic evidence, Aldrete-Davila was
38	38	struck by a bullet from the gun of Agent Ramos, but both agents
39	39	later testified that they did not realize at the time that he had
40	40	been hit; and
41	41	WHEREAS, Aldrete-Davila fled across the border into Mexico;
42	42	the van driven by Aldrete-Davila was discovered by other border
43	43	patrol agents to contain 743 pounds of marijuana, worth
44	44	approximately $1 million; and
45	45	WHEREAS, Following an investigation by the United States
46	46	Department of Homeland Security's Inspector General and the office
47	47	of the United States Attorney for the Western District of Texas,
48	48	Agents Ramos and Compean were arrested approximately one month
49	49	after the incident; and
50	50	WHEREAS, Serious questions have been raised about the manner
51	51	in which the office of United States Attorney Johnny Sutton
52	52	prosecuted the agents, basing his cases largely on the testimony of
53	53	Aldrete-Davila, testimony for which he was granted "limited use
54	54	immunity" by United States Attorney Sutton's office; and
55	55	WHEREAS, Aldrete-Davila was not required to fully honor his
56	56	immunity agreement and testify about his alleged involvement in
57	57	drug trafficking after the events of February 17, 2005, and before
58	58	the trial of Agents Ramos and Compean began; and
59	59	WHEREAS, Aldrete-Davila was arrested in the United States on
60	60	November 15, 2007, and charged with conspiracy to possess marijuana
61	61	between June 1, 2005, and November 30, 2005, and also charged with
62	62	smuggling approximately 750 pounds of marijuana, worth over $1
63	63	million, in October 2005, during the period he possessed "limited
64	64	use immunity" for his testimony against Agents Ramos and Compean;
65	65	and
66	66	WHEREAS, Among other charges, Border Patrol Agents Ramos and
67	67	Compean were charged by the United States Attorney's office under
68	68	Section 924(c), Title 18, United States Code, with "Discharge of a
69	69	firearm in commission of a crime of violence," which carries a
70	70	10-year mandatory minimum sentence; and
71	71	WHEREAS, Agents Ramos and Compean admitted that they did not
72	72	fully adhere to border patrol policies with regard to reporting the
73	73	incident, an error that usually would have led to a written
74	74	reprimand, suspension, or dismissal; and
75	75	WHEREAS, Agents Ramos and Compean were found guilty of
76	76	violating Section 924(c), Title 18, United States Code, and
77	77	received the 10-year mandatory minimum sentence; and
78	78	WHEREAS, Agents Ramos and Compean were also convicted on
79	79	other charges, so that their total sentences amounted to 11- and
80	80	12-year terms, respectively; and
81	81	WHEREAS, According to the United States Sentencing
82	82	Commission, the average sentences in federal cases of sexual abuse
83	83	averaged 8-1/3 years in 2006, the last year for which data is
84	84	available; and
85	85	WHEREAS, According to the United States Sentencing
86	86	Commission, sentences in federal cases for manslaughter averaged
87	87	just less than four years in 2006; and
88	88	WHEREAS, According to the United States Sentencing
89	89	Commission, the average sentences in federal cases of assault
90	90	averaged just less than three years in 2006; and
91	91	WHEREAS, According to the United States Sentencing
92	92	Commission, sentences in federal cases involving firearms charges
93	93	averaged three years in 2006; and
94	94	WHEREAS, The sentences imposed on Agents Ramos and Compean
95	95	are profoundly disproportionate based on the totality of
96	96	circumstances and sentencing guidelines; and
97	97	WHEREAS, These disproportionate sentences constitute a
98	98	miscarriage of justice; and
99	99	WHEREAS, Former Deputy Chief Luis Barker, who headed the
100	100	border patrol office in the El Paso sector at the time of the
101	101	incident, stated before the United States Senate that he agreed the
102	102	penalty received by Agents Ramos and Compean was disproportionate;
103	103	and
104	104	WHEREAS, United States Attorney Sutton, referring to the
105	105	sentences received by Agents Ramos and Compean, said, "Some say
106	106	it's just too much time, and I have some sympathy for that"; and
107	107	WHEREAS, Aldrete-Davila was reported in a press account to
108	108	have stated that he thought the sentences were excessive; and
109	109	WHEREAS, Agents Ramos's and Compean's motions to remain free
110	110	on bond while they appeal their sentences were denied; and
111	111	WHEREAS, Agents Ramos and Compean have been imprisoned since
112	112	January 17, 2007, and had their sentences commuted by the president
113	113	of the United States on January 19, 2009; now, therefore, be it
114	114	RESOLVED, That the 81st Legislature of the State of Texas
115	115	hereby respectfully request that the president of the United States
116	116	immediately grant a full pardon to both agents, with restoration of
117	117	pay and benefits; and, be it further
118	118	RESOLVED, That the Texas secretary of state forward an
119	119	official copy of this resolution to the president of the United
120	120	States of America.