U.S. under fire for pot smuggler's immunity

By Louie Gilot / El Paso Times
El Paso Times

Article Launched:01/23/2007 12:18:47 AM MST

The decision by federal prosecutors to give a drug smuggler immunity in exchange for his testimony that helped convict two former El Paso Border Patrol agents is increasingly the focus of criticism.

The U.S. Attorney gave Osvaldo Aldrete Davila immunity for telling a jury about the day in February 2005 he was shot in the buttocks by Border Patrol agents Ignacio Ramos and Jose Alonso Compean near Fabens. Aldrete had abandoned a van containing 700 pounds of marijuana and was running back to Mexico when he was wounded.

Ramos and Compean were convicted of violating Aldrete's civil rights and of tampering with evidence for not reporting the shooting and because Compean picked up his shell casings. Ramos was sentenced to 11 years in prison and Compean to 12 years in prison. They started serving their time last week.

Supporters of the agents, including family, the Border Patrol union and California Minutemen, were enraged that Aldrete would not be prosecuted.

"They (prosecutors) took the side of the lying drug smuggler," said Robert Russell of the National Border Patrol Council.

Mary Stillinger, Ramos' lawyer, said Monday that Aldrete could still be charged with drug smuggling because several agents saw him during the chase and could identify him.

"There is no reason why the United States Attorney should not indict Mr. Aldrete Davila and seek extradition from Mexico," Stillinger said in a statement released Monday.