Bush Finally Commutes Border Agents Sentence

by **luciano** Mon Jan 19, 2009 4:45 pm

http://www.nytimes.com/2009/01/20/washington/20sentence.html?hp

WASHINGTON — President Bush on Monday commuted the sentences of two former border patrol agents who had been sentenced to more than a decade in prison for shooting and seriously wounding a Mexican drug dealer in Texas in 2005.

With a day left in his presidency, Mr. Bush exercised his constitutional power to grant clemency — for the last time, according to a senior White House official — in a case that has touched off fierce debate in the Southwest. The two former agents, Ignacio Ramos and Jose Alonso Compean, had attracted considerable support among advocates of tougher border security, who argued that the agents were just doing their jobs.

“Nothing could be further from the truth,” the lead prosecutor in the case said in 2007, scoffing at the idea that the defendants were defending themselves. The agents said at trial that they had scuffled with the dealer, Osvaldo Aldrete Davila.

“These agents shot someone whom they knew to be unarmed and running away,” said the prosecutor, United States Attorney Johnny Sutton. “They destroyed evidence, covered up a crime scene and then filed false reports about what happened. It is shocking that there are people who believe it is O.K. for agents to shoot an unarmed suspect who is running away.”

The incident touched off heated debate about law enforcement and illegal immigration. A Senate Judiciary Committee hearing in 2007 brought out the fact that Mr. Aldrete-Davila had crossed the United States-Mexican border illegally and driving a van containing 743 pounds of marijuana worth almost $1 million.

Nor did the furor over the case break along neat liberal-conservative lines, as demonstrated by statements made in 2007 by Senator Dianne Feinstein, a Democrat of California who is considered moderate to liberal. “It is true that the bullet left Aldrete-Davila permanently injured and that what the agents did was wrong,” the senator said. “But it is also true that Aldrete-Davila was not likely a low-level wrongdoer who got caught in the wrong place at the wrong time.”

Those who rallied behind the defendants were furious that Mr. Aldrete-Davila was granted immunity from some drug crimes in return for his testimony against the defendants.

The defendants were convicted of shooting Mr. Aldrete-Davila in the buttocks as he fled across the Rio Grande, away from the van. Not only did the defendants not report the shooting, but they tried to conceal what they had done by picking up spent cartridge casings, Mr. Sutton said.

Both agents were convicted of assault with a dangerous weapon and several other crimes. Mr. Compean was sentenced to 12 years in prison, to be followed by three years of supervised released, with a $2,000 fine. Mr. Ramos was sentenced to 11 years, with the same supervised release and fine.

Several members of Congress in both parties, including Senator Feinstein, have said they thought the sentences excessive.

The commutation granted by President Bush means the prison sentences of the men, both from El Paso, will expire on March 20, the Justice Department said. The supervised release and fines will still apply.

The leniency was granted to the former agents even though the Justice Department had not completed its review of the case, according to officials at the agency. A president’s constitutional power to grant pardons or commutations is unfettered, but Justice Department officials sometimes feel resentful if leniency without their full review.

A commutation is not as generous as a presidential pardon, which essentially erases a crime from a defendant’s record. There had been speculation that President Bush would grant clemency to some high-profile defendants, but the White House official said the two ex-agents would be the last to benefit.

I. Lewis Libby Jr., former chief of staff to Vice President Dick Cheney, could have been granted a pardon for his role in the leaking of a C.I.A. agent’s name and an attempted cover-up. In July 2007, Mr. Libby’s prison sentence was commuted. Nor was there any clemency for former Alaska Senator Ted Stevens, who in late October was convicted of ethics violations for not reporting gifts and services given by friends. Mr. Stevens would lose his bid for a seventh term.

In an interview with an El Paso television station two years ago, President Bush signaled that he would at least look at the case of the former border agents. “There are standards that need to be met in law enforcement, and according to a jury of their peers, these officers violated some standards,” Mr. Bush said.

But he went on to say that “people need to take a hard look at the facts” of the case and added, “I will do the same thing.”