Border Patrol Officer Jesus Diaz was prosecuted and convicted of one count of excessive force and 5 counts of lying to Internal Affairs. The excessive force? He allegedly pulled on the handcuffs of his illegal alien drug smuggling prisoner! He faces up to 35 years in prison and is currently being held in solitary confinement 23 hours per day.
The Examiner reported –
In what appears to be yet another case of the Mexican Government orchestrating a fake crime against one of their drug smuggling criminals hauling dope into the U.S., Border Patrol Agent Jesus Diaz, a 7-year Border Patrol veteran, was convicted in Federal Court on February 24 of one count of excessive force (under color of law) and 5 counts of lying to Internal Affairs. He is facing a maximum of 35 years in prison when he is sentenced in November. Meanwhile, he’s been in jail since the verdict nearly two months ago. He’s in solitary confinement 23 hours per day for his safety. So far, the judge has refused to allow bond while Diaz awaits sentencing.
This latest prosecution against a U.S. border agent stems from an October 2008 incident near the Rio Grande River in Eagle Pass, TX where Diaz and several other agents responded to illegal aliens who had crossed the river into Texas with bundles of drugs.
Agents apprehended the aliens and as Diaz was getting ready to put one of the aliens in the truck for transport, he allegedly pulled on his handcuffs, a common law enforcement technique to get suspects to cooperate. It was 1:30 in the morning and Diaz and the other agents were trying to find the drugs brought over by the suspects and determine if any other cartel smugglers were hiding in the bushes nearby. The suspect refused to answer their questions. They eventually found the drugs and all were taken to the station for processing.
You will never guess who the prosecutor was that initiated Diaz’s prosecution. Remember this guy?
This case was brought by the infamous U.S. Attorney in West Texas, Johnny Sutton, known for his extremely aggressive and controversial prosecution of Ignacio Ramos and Jose Compean back in 2006. Sutton left office in 2009, but his chief deputy took over and prosecuted this case, once again at the demands of the Mexican Government.
Diaz was tried in September 2010, but the case ended in a mistrial. The DOJ tried the case again in February 2011 and this time they got their conviction, even though federal agent witnesses admitted they had lied to a grand jury. The judge did not allow the fact that they had committed perjury into the second trial.
Sources close to the case say there were numerous holes in the claims made by the illegal alien drug smuggler from the start. Photos taken at the Border Patrol station just after the incident show no bruising or injuries to the alleged “victim”, who was 16 at the time of the arrest.
Also, Agent Diaz was allowed to remain on duty with his weapon for over a year before the U.S. Attorney finally decided to bring charges.
The Mexican drug smuggler, who is now an adult, was given full immunity from all his crimes to testify against Diaz at trial. He is also now eligible for a free visa to come and go within the U.S. if he wants to.
Where is P.J. Crowley to protest Officer Diaz’s treatment the way that he is Pfc. Bradley Manning’s of Wikileaks fame? Where are the 250+ scholars outraged at Manning’s treatment?
And where is Governor Rick Perry?
