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.
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.
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.