CROOKED PROSECUTION OF U.S. BORDER PATROL MEN

Two Border Patrol agents who testified against two co-workers convicted of shooting a drug smuggler will be fired for changing their stories about events surrounding the shooting, according to documents obtained by The Sun's sister newspaper, the Ontario-based Inland Valley Daily Bulletin.

Sources inside the Border Patrol also say Oscar Juarez, a third agent who testified against Border Patrol agents Ignacio Ramos and Jose Alonso Compean, resigned from the agency last month shortly before he was to be fired.

All three agents gave sworn testimony against Ramos and Compean for the U.S. Attorney's Office, which successfully prosecuted the shooting case in March. The three agents were given immunity in exchange for their testimony despite changing their accounts of the incident several times. "When you give deals to witnesses like immunity, the government usually gets the testimony (it wants)," said Rep. Ted Poe, R-Texas, a former judge and prosecutor. "This case is a perfect example."

Documents for their proposed removal were issued to Border Patrol agents David Jaquez and Arturo Vasquez on Jan. 29, and were signed by both agents. Jaquez and Vasquez could not be reached for comment. Their terminations take effect Feb. 28.

The removal document for Vasquez shows that the agents changed their stories several times between their original interviews with investigators from the Homeland Security Department's Office of Inspector General and their appearances in court. According to the removal document, Vasquez originally told investigators that Compean made a radio call warning of a possible narcotics suspect who had tripped sensors at the Texas-Mexico border while driving a van toward Fabens, a small town 30 miles southeast of El Paso.

"On March 18, 2005, and on May 11, 2005, you provided different statements to DHS OIG investigators regarding your knowledge of the February 2005 shooting incident," Vasquez's proposal for termination states. "Specifically, you said in the March 18, 2005, statement that you heard radio traffic by (Border Patrol Agent) Jose Compean that there was a 10-46 (apprehended narcotics case) in progress in the area. You testified in court on February 24, 2006, and admitted that your March 18, 2005, statement regarding a 10-46 in progress was inaccurate."

Compean said he was watching an area along the Rio Grande at about 11 a.m. Feb. 17, 2005, when sensors on the border went off. When the van driven by smuggler Osbaldo Aldrete-Davila eventually tripped the sensors again just before 1 p.m., he said he radioed for backup.

The termination proposal also noted Vasquez told prosecutors that Compean used an expletive to describe Aldrete-Davila when the smuggler threw dirt in his eyes during a tussle before the shootings. Vasquez's sworn statement of March 18, 2005, contains no mention of an expletive. Vasquez also said that when he opened the door to the van, he couldn't smell the nearly 800 pounds of marijuana in the vehicle, contradicting statements made by other agents on the scene, according to trial testimony.

In trial transcripts of Vasquez's testimony obtained by the Daily Bulletin, Vasquez tries to explain why he lied to investigators. "So this statement, your March 18 statement, would be inaccurate," asked Stephen Peters, co-counsel for Ramos, on Feb. 24, 2006. "On that part, yes," Vasquez replied. He explained that he wasn't sure why he thought Compean called for backup while pursuing a narcotics suspect, and did not directly answer Peters' question as to why other agents went to Compean's aid.

Jaquez's original statements to investigators and his testimony at trial also contain several contradictions. "On April 15, 2005, you provided false statements during your interview with DHS (Office of Inspector General) investigators regarding the February 17, 2005, shooting incident," his removal document reads. "You told DHS OIG that when you asked (Agent) Compean what had happened, he never mentioned the shooting incident to you. On February 27, you testified in court and admitted that you gave two different statements to DHS OIG investigators."

According to DHS Office of Inspector General investigation memos written less than a month after the shooting, all nine of the agents at the shooting scene, including two supervisors, knew about the shooting and failed to report it. However, a Homeland Security Report of Incident written in November and released this week contends the nine agents were unaware of the shooting and were not responsible for reporting it.

Ramos and Compean were convicted of shooting Aldrete-Davila in the buttocks, violating his civil rights, and attempting to cover up their actions by tampering with evidence at the shooting scene.

In October, Ramos and Compean were sentenced to 11 and 12 years, respectively, in federal prison. They began serving their sentences last month, Ramos in Mississippi, Compean in Ohio.

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