Verdict Reversal for Ex-Border Patrol Agent

David Sipe is a once convicted criminal who can honestly say he "didn't do it."

The ex-border patrol agent gets a 2001 guilty verdict overturned in his retrial for civil rights violations against a smuggler. The incident dates back to April of 2000 in Penitas.

"He was striking me in the side... he was very close to my weapon... and I had to do what I could to control the situation as fast as I could."

Fearing for his life, David subdues the smuggler by hitting him with his flashlight. It results in staples to the smugglers head. A border patrol investigation is launched and deems his actions inappropriate-- even illegal.

"I don't know how they're able to do that... but I don't think that's fair."

Neither did a jury who overturns his conviction from the first trial against him.

What lead to this morning's "not guilty" verdict reversal against the former border patrol agent? Turns out his attorney says the prosecution in the first trial suppressed evidence and lied about benefits given to "Alien" witnesses.