Jose Compean

Compeán was patrolling a section of border with Ramos when they spotted a man crossing the border. They stopped him in a van containing 743 pounds of marijuana,{{cite web|url=http://www.chron.com/disp/story.mpl/special/immigration/5349437.html |work=Houston Chronicle |access-date=2007-12-08|last=Carroll |first=Susan |title=Ex-agents get boost in court|date=4 December 2007 }} but he ran. Compeán said he thought the suspect had a gun and was going to shoot him so he fired at him first. His shot missed but his partner, hearing gunfire, fired in order to defend Compeán and hit the suspect in the buttocks. They lost sight of the man, but said they saw him on the Mexican side of the border. They mistakenly did not believe that he had been injured, so they did not report the incident even though it involved the discharge of their firearms.{{cite news|last=Kunzleman |first=Michael |date=2007-12-03 |newspaper=Washington Post |title=Appeal Heard in Border Agents' Shooting}}{{cite web|url=https://www.foxnews.com/story/mexican-drug-smuggler-shot-by-border-agents-indicted-on-drug-smuggling-charges |work=FoxNews.com |title=Mexican Drug Smuggler Shot By Border Agents Indicted on Drug Smuggling Charges|date=2007-11-16 |access-date=2007-12-07}}

The two officers were arrested after the drug smuggler, Osvaldo Aldrete Dávila, filed a complaint against them. After a two-week jury trial, Compeán was found guilty on 11 counts, including discharging a firearm during the commission of a violent crime, which by itself carries a federally mandated 10-year minimum sentence. Without that charge, both agents involved would have received far shorter sentences. Instead, Compeán was sentenced to 12 years in prison, and his partner, Ignacio Ramos, was sentenced to 11 years in prison. Aldrete Dávila was granted immunity to testify against the two agents and received six border crossing visas to come to the United States and testify.{{cite news|url=http://www.cnn.com/2007/US/07/25/dobbs.7.25/index.html?iref=newssearch |work=CNN.com |date= 2007-07-26|access-date=2007-12-07 |title=Tonight's Facts: Border Drug War}}

The arrest, trial, conviction and imprisonment of Compeán and Ramos has created a firestorm of controversy from those opposing illegal immigration. Efforts have been launched in the United States Congress calling on President George W. Bush to pardon the two men. On 2007-12-06 a resolution was introduced in the Congress seeking to commute their sentences.{{cite web |url=http://www.elpasotimes.com/newupdated/ci_7653013 |work=elpasotimes.com |last=Guilot |first=Louie |access-date=2007-12-07 |date=2007-12-06 |title=Resolution introduced to free Ramos, Compeán }}{{dead link|date=September 2017 |bot=InternetArchiveBot |fix-attempted=yes }}

On November 15, 2007, Aldrete Dávila, the man shot by Ramos, was arrested at a border crossing in El Paso, Texas. A sealed indictment had been issued for his arrest on a variety of drug smuggling charges. According to the indictment, his alleged crimes occurred after he testified for the United States against the agents. If convicted he faces up to 40 years in prison.{{update needed|date=June 2024}}

The two men appealed their case to the 5th U.S. Circuit Court of Appeals in New Orleans. On 28 July 2008 the Fifth Circuit court of appeals rejected the appeals of both Ramos and Compean.[http://ap.google.com/article/ALeqM5iXihPpn22rM9HFMgrc8yMDXAbyWQD9271H700]{{dead link|date=November 2012|bot=Legobot}}

Attorneys for Compeán and Ramos argued, that among other factors, Aldrete Dávila was improperly allowed to assert his rights against self-incrimination in the trial.

They charged that in the written immunity deal with prosecutors, he was given immunity against any charges thus removing the possibility of self-incrimination during Compeán's trial.{{cite web |url=http://www.elpasotimes.com/newupdated/ci_7618547 |work=elpasotimes.com |last=Guilot |first=Louie |access-date=2007-12-07 |date=2007-12-02 |title=Immunity deal key in Ramos, Compean appeal }}{{dead link|date=September 2017 |bot=InternetArchiveBot |fix-attempted=yes }}

During oral arguments before the three-judge appeals panel, Judge E. Grady Jolly remarked that "For some reason, this one got out of hand it seems to me ... It does seem to me like the government overreacted here."{{cite web |url=http://www.elpasotimes.com//ci_7627140?IADID=Search-www.elpasotimes.com-www.elpasotimes.com |title=Judge calls prosecuting ex-agents an overreaction |last=Guilot |first=Louie |date=2007-12-04 |access-date=2007-12-08 |work=elpasotimes.co }}{{Dead link|date=September 2018 |bot=InternetArchiveBot |fix-attempted=yes }}{{cite web|title=Statement of U.S. Attorney Johnny Sutton following today's oral argument before the Fifth U.S. Circuit Court of Appeals in RE: United States of America v. Ignacio Ramos and Jose Alonso Compean|url=http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/compean&ramos_5thcircuit_statement.pdf|work=United States Attorney for the Western District of Texas website|date=December 12, 2007|access-date=2007-12-08|url-status=dead|archive-url=https://web.archive.org/web/20080308172805/http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/compean%26ramos_5thcircuit_statement.pdf|archive-date=March 8, 2008}} (PDF file)

On January 19, 2009, President Bush commuted the sentences of José Compeán and Ignacio Ramos.{{cite web|url=http://www.startribune.com/politics/national/president/37826749.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUZ |access-date=January 19, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20090123050756/http://www.startribune.com/politics/national/president/37826749.html?elr=KArksLckD8EQDUoaEyqyP4O%3ADW3ckUiD3aPc%3A_Yyc%3AaUUZ |archive-date=January 23, 2009 |website=Star Tribune |title=Bush commutes prison sentences of former US Border Patrol agents in drug dealer shooting }}

Although Bush commuted the two men's sentences, he did not grant them a full pardon, thus leaving Compean and Ramos with criminal records that made it hard for them to find jobs.{{Cite web | url=http://www.sandiegouniontribune.com/news/politics/sd-me-hunter-pardon-20170927-story.html |title = Rep. Hunter asks Trump to pardon border patrol agents who covered up their shooting of drug smuggler|date = 27 September 2017}} In September 2017, US Congressman Duncan D. Hunter wrote a letter to president Donald Trump asking him to give both men a full pardon.{{Cite web | url=https://www.foxnews.com/politics/rep-duncan-hunter-urges-trump-to-pardon-ex-border-patrol-agents | title=Rep. Duncan Hunter urges Trump to pardon ex-Border Patrol agents| website=Fox News| date=28 September 2017}} Trump granted both men full pardons on December 22, 2020.{{cite web|url=https://trumpwhitehouse.archives.gov/briefings-statements/statement-press-secretary-regarding-executive-grants-clemency-122220/ |title=Statement from the Press Secretary Regarding Executive Grants of Clemency |access-date=December 22, 2020 |via=National Archives |work=whitehouse.gov }}

• List of people pardoned or granted clemency by the president of the United States

{{reflist}}

• [https://web.archive.org/web/20080308172845/http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2018.pdf Transcript of the Sentencing: United States vs Ignacio Ramos and Jose Compeán] (PDF file)
• [https://web.archive.org/web/20080308172645/http://www.usdoj.gov/usao/txw/press_releases/Compean-Ramos/Volume%2017.pdf Transcript of the Verdict: US vs Ignacio Ramos and Jose Compeán] (PDF file)

• [https://www.oig.dhs.gov/assets/OIG_foia_RamosCompean.pdf Department of Homeland Security Report of Investigation] {{Webarchive|url=https://web.archive.org/web/20161212133238/https://www.oig.dhs.gov/assets/OIG_foia_RamosCompean.pdf |date=2016-12-12 }} (PDF file)
• [http://www.usdoj.gov/usao/txw/index.html United States Attorney's Office for the Western District of Texas]

{{DEFAULTSORT:Compean, Jose}}

Category:Living people

Category:1976 births

Category:American male criminals

Category:American people of Mexican descent

Category:American police officers convicted of depriving others of their civil rights

Category:American police officers convicted of assault

Category:American prisoners and detainees

Category:Law enforcement officials from Texas

Category:21st-century prisoners and detainees of the United States federal government

Category:2000s crimes in Texas

Category:Recipients of American presidential clemency

Category:People pardoned by Donald Trump

Category:People acquitted of attempted murder

Category:United States Border Patrol agents