Jesus Diaz US Border Patrol Agent: 2 Year Prison Sentence for Arrest of Drug Smuggler: Mexican Govt Pushed for Prosecution

The arrest of a drug smuggler in Eagle Pass, Texas has put the arresting officer, Jesus “Chito” Diaz, behind bars for two years. The Mexican government pushed for the prosecution after Homeland Security investigated and exonerated Diaz for any wrong doing. The Obama administration prosecuted him on charges of “civil rights” violations and lying to investigators (but…but…Homeland Security cleared him). Chito is a seven-year veteran of the Border Patrol. The 15-year-old drug smuggler was given immunity, but admits he lied to the jury. News like this makes me physically ill. Two years of life wasted for another young man defending our borders. He won’t have much of a life once he gets out, with a prison sentence behind him. First he has to survive two years incarceration with Mexican gangs likely serving at the same facility.

Border Agent Jesus E. Diaz, Jr.

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…

The defense claimed that the smuggling suspect was handcuffed because he was uncooperative and resisted arrest, and that the agent had lifted his arms to force him to the ground — a near-universal police technique — while the other agents looked for the drugs.

Defense attorneys argued that there were no injuries or bruises on the suspected smuggler’s lower arms where the handcuffs had been placed nor any bruising resulting from an alleged knee on his back. Photos showed the only marks on his body came from the straps of the pack he carried containing the suspected drugs, they said. Source: Washington Times and Fox News.

The New American (good article with links to background):

Among other problems with the case, LEOAC also noted that some of the “witnesses” admitted to perjuring themselves. Many of their claims were contradictory, too. And the agent standing next to Diaz testified that he did not see any of the alleged mistreatment.

Diaz’ story, on the other hand, was consistent from the beginning, LEOAC said. Plus, he had already been cleared of wrongdoing by the Office of Professional Responsibility and the Inspector General.

The court and the prosecutor went ahead with the case anyway. And pictures proving that the drug smuggler did not suffer any arrest-related injuries were sealed during the trial. After being granted immunity by the federal government, the illegal immigrant even admitted during the first trial that he had lied to the grand jury.

What must other agents be thinking? They are thinking that they might just let the smuggler get away rather than touching him/her. An Appeal is under way. Agent Diaz’ wife, Diana also works for the U.S. Border Patrol.

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Posted by Maggie @ Maggie’s Notebook

  • Faultline Usa

    This is beyond disgusting.It’s hard to imagine why anyone remains working for the Border Patrol.

    • Hi Faultline USA, I don’t get it either. We have all these young men who put their lives on the line without any of their superior appreciating what they do – and everyone operates under PC.

    • Dale

      Is it about that the prosecutor be tried and put in prison for giving the criminal a free pass and a visa to the US

    • kathleen donovan

      Shame on Arizona! It was the OIC that pursued this case. Diaz should be imiediatley released! The criminal aphrehended has NO RIGHTS. Not only was he in this country illegally, he was packing 75 pounds of refer! So what do we do? We reward the illegal alien with amnesty and a perminant visa. ARE YOU KIDDING ME???

  • Insanity reigns in our Federal Justice System under AG Eric Holder. Is anyone safe from abuse (and now criminality) for doing their job?

    • Ozark Guru: You are right. Rather than “insanity reigns,” I’d call it “evil reigns,” as this lawless DOJ knows exactly what it is doing.

      • Mary L. Smith

        You are absolutely right, we need to vote Obama out and get rid of his evil cronies such as the attorney general Eric Holder who caved in when the Mexican consulate whined…Then next thing you know he is appointing a federal prosecutor. I would of quit my job, rather than prosecute this innocent man. Where is this prosecutor’s sense of honor?
        Holder and Obama also sued the state of Arizona just for trying to defend it’s citizens from the crazy things going on near the border. now I think U.S. citizens are told to stay away 20 to 40 miles away from the border for their own safety. Really? We should have the right to defend our border and protect our citizens.

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  • Thanks Maggie. Let me guess – he arrested a Zeta.

    Pray please for Chito.

  • We just can’t blame Obama and Holder for this. Remember the two border patrol agents sent to prison during the Bush Administration? Bush’s “good friend” Johnny Sutton prosecuted them, giving the drug runner immunity for lying under oath.

    • I do remember that Bob and intended to put some background in the post, and then forgot to do so. That was a terrible mis-justice, but in that case, at least a bullet was fired. All Diaz did was lift him in some unacceptable way.

      Not taking care of Iran, not pardoning Scooter Libby and not completely exonerating Ramos and Compean are sad, sad history from the Bush era.

      • Robert Godshall

        I don’t know if Jesus Diaz is innocent or not, but don’t compare his situation to Compean and Ramos. They were guilty but excessively punished. You lose credibility. You just can’t shoot at a guy that’s running away from you. Every law enforcement knows that.

        • Robert Godshall, I can compare it and police certainly can shoot someone running away. It happens all the time without consequences.

          • Robert Godshall

            Well, that’s a pretty broad statement Maggie, unsupported by fact. In 1984, the Supreme Court decided in Tennessee v. Garner that a fleeing suspect could not be shot at by police merely because he was fleeing. But back to Compean and Ramos, you’re saying that it would be OK for an agent (Compean) to attempt to buttstroke an offender and then, when the offender decided not to hang around for another strike, for the agent to shoot hime. I have 28 years in the Border Patrol, INS and Homeland Security that says its not.

  • Jeanine

    When I heard about this, I cried. Our government has gone insane!! And why aren’t the liberals screaming bloody murder about this? It seems that every time an agent is accused of something, the agent is Hispanic.

    All agents should walk off the job until all charges against this man are dropped! What the Bush administration did was wrong and so is this!

    • Jeanine, that was a thought I had too. What if they all walked off the job? That’s a tough sacrifice for the agents not implicated, because they have to feed their families, but still…a stand has to be taken somewhere.

  • So the feds arm the people who shoot at the Border Patrol. The agents who don’t get shot get sent to prison for two years.

    The message couldn’t be any clearer to Border Patrol agents or to smugglers. This administration supports criminals.

    • Fred

      Send all the Lawyers to guard the borders. The low life pieces of crap just set behind desk looking for a way to sue someone to make a buck.

  • Libertarian Advocate

    This is an extraordinarily odd story. For an administration that desperately seeks the support and votes of the legal Hispanic community, DOJ’s Diaz prosecution seems to be completely insane and self-defeating tactic in its pander arsenal. The only way this makes sense to me is if in arresting the smuggler, Diaz upset a clandestine cash stream to yet another Obama “bundler.”

    Whoever the Republican is in 2012, I do pray he or she immediately pardons Mr. Diaz on January 20, 2013.

  • Let us all bow our heads and thank G-d for Dear Leader Obama…

  • Freebird

    Being a Police Officer myself Im furious about this story. An Officer defending our borders from smugglers and terrorists who have a mission of destroying our country is imprisoned for what someone that sits behind a desk thinks is improper handling of a criminal. Evidently these people have never had to handle an uncooperative individual, who can fight and hurt you and then walk away. I was attacked by an individual and resulted in my leg being broke and the man got 15 months in prison. Thanks to the present administration this will empower all smugglers, terrorists, and crimnals to file charges and lawsuits against the very people that protect our borders and lives on a day to day basis. Its AMAZING that this kind of action can be taken against an Officer in the United States thats reasonably conducting his job. Ous justice system is broken down, and the hard working people that risk their lives so that you can sleep at night are the subject of its on Government.

    • Well said Freebird and Thank you!

  • This should get Obama impeached. Here is a man doing his job for our country and gets put in jail for violating the right of an illegal immigrate.I commend this man for protecting our borders from the drug smugglers. I hope something is done to free him of all wrong doing.
    I also think the judges involved in this should be put in jail with all the drug smugglers.Maybe then the would think twice before prosecuting one of our own.

  • No law abiding US citizen except maybe a money hungry lawyer, reading the facts of this case would ever think of prosecuting this Agent. What we need now is a plan to ban together to help exonerate this Agent – and all future Agents that these low life lawyers/judges will prosecute. I have already heard from agents that they are now reluctant to stop and arrest in case the illegal should resist. We seem to forget that the key word in all of this is ILLEGAL. They do not belong here – period! The Agents have to be able to do their job without fear of jail.

    • I just learned that not only did the United States shaft the hell out of Jesus Diaz. They gave the drug dealer a US Visa. Sounds to me like me have a few politicians/lawyers/judges in the cartels pocket – would anyone be surprised though.

  • Kells

    This story is sickening. I have met the family a few times, and gone to children birthday parties with them. Agent Diaz always seemed like a nice, respectable person. Never showed any signs of aggressiveness or talked bad about illegals. His work partners said the same. Let’s just say he did use a little bit if excessive force, that doesn’t mean he deserves 2 years in federal prison while the drug smuggler gets a visa into our country. Why are we letting the bad guys in??? Agent Diaz is not guilty, and I this story makes me feel so much disgust!

  • Just the facts. First I feel sorry for the officer and his family.
    However, he was not given the two years for assaulting the drug dealer.
    He received the time for lying to the grand jury which is a felony.
    His own fellow officers told the truth, but he lied about the incident.
    As far as the visa goes. The boy received it so he could testify in court.
    It has now been revoked and he is back in Mexico.

    • Pete Davis, I saw these reports tonight and will update tomorrow. I’ll just say this, the boy was not prosecuted. He was the criminal. Diaz would not have been in a situation to decide whether or not to lie, if it hadn’t been for the perp. Our agents likely fear their own more than they do the cartels after what happened to Ramos and Campean.

      Tonight I know that he lied. I don’t know what the lie was, but I have a deep, deep revulsion at the way our DOJ handles our border agents.