Six years after his felony conviction for striking an illegal alien who resisted arrest, Border Patrol Agent David Sipe has been vindicated by an administrative law ruling, reports WND columnist Jerome Corsi, who notes similarities to the current cases of the “Texas 3.”
Sipe was convicted in 2001 of criminal felony charges for striking illegal alien coyote Jose Guevara on the back of his head.
Anna Love, an administrative judge with the Dallas Region of the Merit Systems Protection Board, ordered Sipe reinstated June 13 to his former Border Patrol position, with full back-salary to April 21, 2001, the date the Border Patrol removed him and suspended his pay.
The “Texas 3” are Ignacio Ramos, Jose Compean and Gil Hernandez. Ramos and Compean are in federal prison serving 11- and 12-year sentences for their actions in the shooting of a drug smuggler, Osbaldo Aldrete-Davila-Aldrete, as he fled back to Mexico after driving across the border with 742 pounds of marijuana in February 2005. U.S. Attorney Johnny Sutton gave the smuggler immunity to serve as the government’s star witness and testify against the border agents. While under immunity, the smuggler was caught in another drug delivery, but the judge sealed that information from the jury. Hernandez was convicted of violating the civil rights of two illegal aliens injured from shell fragments that struck them as the officer shot at the tires of a van in which they escaped from a routine traffic stop. The van driver had tried to run over Hernandez.
Jack Lamar Wolfe, Sipe’s attorney in McAllen, Texas, told Corsi in a telephone interview Sipe finally has received justice.
“Too bad it took seven years,” Wolfe said. “The government destroyed Sipe’s family and ruined his career. All Sipe ever wanted to be was a Border Patrol agent.”
To win acquittal, Sipe spent his entire life savings and went bankrupt. His wife divorced him, and he has been forced to move in with Wolfe.
Corsi says Sipe’s case demonstrates the extent to which the Department of Justice will go to protect and reward a criminal illegal alien whose testimony is necessary to prosecute a Border Patrol agent.
At his new trial, Wolfe was allowed to tell the jury the criminal background of the witness and introduce a co-worker’s testimony favorable to Sipe.
Wolfe also was allowed at the retrial to present evidence about the benefits and reimbursements the prosecutors had extended to Guevara and the other illegal alien witnesses who gave testimony at Sipe’s first trial.
In Sipe’s case, the government made a “sweetheart” deal with Guevara, giving him travel expenses, witness fees, free telephone use and a border crossing permit. Guevara also received a Social Security card and a driver’s license, all in return for his testimony against Sipe.
“The federal prosecutors in the Sipe case refused to prosecute Guevara when he was apprehended a second time, caught for transporting illegal aliens by automobile,” Wolfe told WND, just as Department of Homeland Security and Drug Enforcement Agency investigative reports suggest prosecutors failed to prosecute a second offense by Osvaldo Aldrete-Davila, the drug smuggler shot at by Ramos and Compean.
In Sipe’s case, Wolfe maintained that government prosecutors lied about evidence and withheld important documents from the defense. WND has reported that Mary Stillinger, defense counsel for Ramos, never saw a Feb. 15, 2005, DHS investigative report which identified there were seven other Border Patrol agents plus two supervisors on the scene of the Ramos and Compean incident.
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