Why it should never be Departmental policy that high speed vehicle pursuits should be called off if only traffic charges are known and/or involved.

Sunday, in San Diego, another hero died! Not only was Officer Jeremy Henwood, age 36, a four-year veteran of the San Diego Police Department, he was also a Captain in the U.S. Marine Corps Reserve. He had already served two combat tours in Iraq, and now he had recently returned home after he completed a year-long deployment in Afghanistan. He had commanded a logistics company. I believe he was assigned to the 4th Marine Logistics Group. Logistics groups are very important and they arrange for the convoys to resupply the front line troops.

Jeremy Henwood originally joined the Marines in the enlisted ranks and he was a sergeant before he became an officer. His initial training was as an infantryman and in 2003 he took part in the assault on Baghdad. Then, in 2004 he participated in the savage fighting at Fallouja. Fallouja was the heart of the notorious Sunni Triangle. How painfully ironic it is that Officer Henwood would survive the violence of the insurgency in Iraq, and the brutality of Al Qaeda and the Taliban in Afghanistan, only to be assassinated in a senseless murder right here in America.

Officer Henwood was murdered by a 23-year-old male individual. Initial reports, which may not be entirely accurate (they usually aren't), indicated that the subject lived alone in a rented apartment and when he could find work he was a construction worker. He apparently had a minor criminal record that included petty theft and resisting arrest. But, although the murder of Officer Henwood appeared to be the deranged work of some insane madman, the subject apparently had no prior history of mental illness.

Earlier Saturday, before Officer Henwood was murdered, the subject was apparently involved in a shooting at an In-N-Out Burger restaurant, 14 miles away in El Cajon. In this shooting a male individual was sitting with his girlfriend in his vehicle in the parking lot. Suddenly, they were approached by a man who was carrying a shotgun. This man, who apparently was the subject who eventually murdered Officer Henwood, then shot the man in the car in the face, with a single round. Then, he fled the area in a black Audi.

Considering Officer Henwood's Marine Corps service in Iraq it is also a little ironic that the shooting victim from the restaurant was an Iraqi immigrant. And, while he was still in Iraq he even served as a translator for the U.S. military. The man is expected to survive, but with a shotgun round to the face I would imagine he will probably require some extensive plastic surgery. According to initial reports, police investigators had not been able to establish any sort of a relationship between the male shooter and the male victim at the restaurant.

Then, according to media reports, only a few minutes after the shooting at the restaurant an officer spotted the black Audi speeding and gave chase. The officer apparently had no knowledge of the shooting at the restaurant and was only chasing the Audi for traffic. The officer eventually terminated the high speed pursuit of the Audi when their speeds reached 100 m.p.h. The attack on Officer Henwood occurred shortly after this.

The armed subject in the black Audi got behind Officer Henwood's patrol car and flashed his headlights, as if he were trying to get the officer's attention. Then, he pulled up alongside the left side of Officer Henwood's marked unit. As the two cars sat there side by side, either stopped completely, or moving forward very slowly, the individual with the shotgun pointed his weapon out the passenger's window and he shot Officer Henwood in the face. Civilian witnesses tried to help Officer Henwood. One used his police radio to alert the dispatcher that an officer had been shot. They also gave him first aid until paramedics arrived at the scene.

After the unprovoked ambush-like attack on Officer Henwood late Saturday afternoon, the police were able to track down his 23-year old assailant. The police located the suspect and the black Audi at an apartment complex and when they saw a man with a shotgun get into the car, and start to drive away, they moved in. Several marked units blocked the road so the Audi couldn't escape and then the officers moved in to make the arrest. When the suspect reached for the shotgun, the police opened fired. The officers pulled the wounded suspect from his vehicle and called for the paramedics. He was pronounced dead at the scene.

I guess we will never know for sure what this individual was thinking when he savagely attacked Officer Henwood. After all, he had apparently just bought himself a used black Audi sedan, so it would seem that he at least had some positive thoughts of living the good life. Yet, when police investigators eventually searched the subject's apartment they found a two-page rambling suicide note. Although the note suggested that there may have been some financial and mental problems troubling the subject, he did not say how he was going to kill himself, or why.

Officer Henwood died at the hospital, at 1:45 a.m. on Sunday, more than eight hours after he was shot in the face by the subject in the Audi. The police investigation is still ongoing, but as of now the investigators say they have no known motive for the unprovoked and cowardly attack on Officer Henwood. Located outside the downtown police department headquarters there is a granite memorial to all of the San Diego officers who have died in the line of duty. Jeremy Henwood's name will now be added to this memorial, and he becomes the 32nd San Diego officer to die in the line of duty since 1913.

I really hate being a Monday-morning-quarterback, but I have to wonder about that officer who chased the Audi, but then stopped the chase when their speeds reach 100 m.p.h. I wonder, did the officer decide on his own to stop the pursuit, or was he told to stop because their Departmental policy dictated that he should? If he stopped on his own, then I imagine he feels terrible. After all, if he had continued chasing the Audi, and not stopped the pursuit, then Officer Henwood would more than likely not have been shot. But, if he stopped the pursuit because he was told to stop, or Departmental policy indicated he should, then I imagine that officer is probably mad as Hell. I know I would be!

For over twenty-six (26) years I worked at Fort Lauderdale P.D. F.L.P.D. is an excellent agency with good leadership and outstanding officers. Times have changed though, and I know that the F.L.P.D. pursuit policy has changed too. I can almost bet that if the same exact circumstances that happened in San Diego happened in Fort Lauderdale, that the only known reason for the pursuit was a traffic charge (speeding), then I'm certain that a road patrol supervisor WOULD advise the officer to stop chasing the Audi. That's the way it is now at F.L.P.D., and I imagine many other law enforcement agencies too.

Unfortunately, these are the litigation-happy times we live in, and police departments all across America have had to adjust to these new realities. Did this more restrictive sort of a pursuit policy play a hand in getting Officer Henwood shot. God, I hope not!

Officer Jeremy Henwood Family Trust
c/o San Diego Police Officers Association
8388 Vickers Street, San Diego, CA 92111

Gary P. Jones
Law Enforcement Ambassador
National Law Enforcement Officers Memorial Fund

author of: Badge 149 - ''Shots Fired!''
www.badge149.com

Who is more stupid --- the bird, the cat, or me?

Most, if not all, of my blog posts have involved the law enforcement profession, but not this one....

In the early morning hours, when the sun comes up and a bright new day begins, I almost always awake to the annoying banging of a few stupid birds flying into the bedroom window. I suppose they see their reflection in the glass window and think they are seeing another bird. I would think that after they slam beak first into this glass wall a few dozen times they would get the hint. Hey stupid, it ain't another bird, it's glass!

Then, we have my stupid cat. She sits there quietly on a chair by the window and she watches these birds crashing into the glass. And, it's very obvious what she is thinking. She desperately wants to sink her fangs into one of these feathery creatures. Suddenly, the cat bolts forward and she herself slams headfirst into the window. She does this with such force that the whole damn bedroom seems to vibrate. After she does this several times, I'm definitely awake.

Usually, I'll just tell the cat, "Hey stupid, you can't get the bird because it's on the other side of the glass window."

This morning, after I made this same comment again, I got to thinking. Who is more stupid, the birds for repeatedly flying into the glass window, the cat for trying to go through the glass to get at the birds, OR ME, for trying to explain it all to my dumb cat?

You have the right to remain silent - or do you?

During the first 14 years of my law enforcement career (1967-1981) I always tried my best to avoid verbally criticizing another officer's actions, especially when they involved the use of deadly force. Yes, there were a few occasions when I quietly wondered (to myself) if the officer's actions were really necessary. Did the officer really need to do what he/she had done? But, I always tried to remember that I was not there when the incident actually transpired, and I did not experience the same things the officer had, so it wouldn't be right for me to second-guess them later. I didn't like people Monday-Morning Quarterbacking me when I was involved in a stressful situation, so I definitely didn't want to do this to someone else.

In 1981 I was promoted to the rank of sergeant and as a sergeant I no longer had the luxury of being able to remain silent when I had my doubts concerning an officer's actions. As a sergeant it was my responsibilty to accurately AND honestly evaluate the questionable actions of the officers I supervised. When you put on those stripes that's one of the things you know you will have to do. If you're not prepared to do this, then you have no business being a supervisor. Luckily, Fort Lauderdale P.D., where I worked, was a good department AND the overwhelming majority of the officers I supervised were dedicated and honest cops --- so, I never did have to make that choice; doing the right thing, or remaining silent.

Perhaps this is why it bothered me so much when I read the article about the New Orleans Police Department (N.O.P.D.) lieutenant who is now on trial in Federal Court. This lieutenant's decision-time, his own Waterloo if you will, occurred back on September 4, 2005, during the height of the post-Hurricane Katrina chaos. In what was reported to be an exchange of gunfire on the Danziger Bridge (U.S. Route 90), between the cops and the bad guys, two individuals were killed and several more were wounded. But, when the lieutenant arrived at the scene of the shooting he quickly observed that these supposed bad guys did not have any weapons. He wondered, if these where the individuals who shot at the police, then where were their guns?

The sad fact is that these individuals who were killed and wounded by the N.O.P.D. cops were all unarmed. Sadly, this apparently was not a case of officers just doing what they thought was right, and then having a tragedy occur instead. No, it appears that many of the officers involved just lost control of themselves and their emotions, and they committed murder. One of the two men that were killed was forty years old and mentally disabled. An officer in a moving police vehicle shot him in the back with a shotgun, as he ran away. His hands were in plain site and he held no weapon. Therefore, he posed no threat to the officers.

Did going through the turmoil, mayhem and devastation of Hurricane Katrina play a part in this? I don't know. I guess it could be a possibility, but it is still not an excuse. What the officers did was bad enough, but then the lieutenant didn't do his job and he apparently initiated a cover- up. This cover-up included encouraging and allowing the officers involved to provide false stories about what actually occurred during the shootings on the Danziger Bridge. He also apparently had knowledge and condoned a "throw down" weapon being planted at the scene.

On January 2, 2007, the police officers involved in the shootings were taken into custody. They were indicted for murder and attempted murder. However, on August 13, 2008, charges against all of the officers were dismissed by the District Judge. He said his reasons for doing this involved misconduct by the prosecution reference to the grand jury. I wonder what that really means. Did the prosecution try to help the officers involved, or did the prosecution just engage in stupid and/or unethical conduct? I suppose that's another story all by itself.

Although the federal government couldn't file their own murder charges against the officers, they could charge them with "Deprivation of Rights Under Color of Law" --- after a lengthy and thorough investigation this is what they did. I was surprised to read that an individual convicted of this specific federal statute can be sentenced to death. Maybe this is why so many of the officers involved, including the lieutenant, made deals and/or pled guilty to lesser charges.

I began this post intending to talk about a supervisor's duties and responsibilities. But, the more I read about this terrible event, and the shocking way it happened, the more I realized that what happened there in New Orleans was not the norm. Most law enforcement officers in America would never behave as those few N.O.P.D. cops did. Most supervisors woud act in a totally different way too.

In fact, most of the men and women of the New Orleans P.D. acted honorably and bravely during the very trying times during and then after Hurricane Katrina. They endured looting, sniping and a host of other problems that most of us in law enforcement will never have to experience. Yes, some N.O.P.D. cops abandoned their duties and left the area, but most didn't. Some of those who stayed and served couldn't handled all the stress, and at least two N.O.P.D. officers committed suicide. I read what one N.O.P.D. Captain had to say about those two officers: "To me, they died in the line of duty. They died of injuries caused to their psychological being from the storm." Then he said, "...they were told you have to perform, you have to protect, and you have to serve, and they did."

I prefer not to remember those few N.O.P.D. cops, including the lieutenant, who disgraced the badges they wore, and the oath they swore. Instead, I want to remember what that one N.O.P.D. captain said to his wife when she asked him, "Why do you still do this? Why?"

"Well, you get up every day, and you go to work with heroes. Not everyone can say that."

God bless the dedicated men and women of the New Orleans Police Department!

Gary P. Jones
Law Enforcement Ambassador
National Law Enforcement Officers Memorial Fund

author of: Badge 149 - ''Shots Fired!''
www.badge149.com

Who was that beautiful woman?

Most people know that Tallahassee is the capitol of Florida. It is a beautiful city, although at times it does get a little bit crowded. It has two major colleges, Florida State University and F.A.M.U., and thousands of students attend these two fine schools every semester. Usually in February or March Florida’s legislative session begins and Tallahassee really becomes crowded and congested when lawmakers from around the state flock to the city. Tallahassee natives complain about the excessive traffic and the congested roadways, but I still think it’s a whole lot better than having to travel on busy I-95 in south Florida during rush hour. You literally take your life in your hands when you do that.

After the terrorist attacks of September 11^th, 2001, the State of Florida, like almost every other state I imagine, decided to beef up its security at future legislative sessions. Uniformed officers of the Capitol Police usually handles security at the Capitol and its buildings but now, in our post-9/11 world, that would all change. The decision was made that all other state law enforcement agencies would be asked to volunteer manpower to help augment the Capitol Police.

Even though I was a Captain with the Department of Insurance (Division of Insurance Fraud), rank didn’t matter and they were really just looking for warm bodies to fill all of the vacant posts they wanted to cover. When the session finally rolled around I worked it for four full days (February 26th thru March 1st). Although these were all 10-hour days and the work at times was demanding and stressful I liked doing it. It afforded me an opportunity to get away from my normal routine at Insurance Fraud and I also enjoyed watching the state senators and representatives, the lobbyists and the private citizens who came to the Capitol to watch their government in action. It was all very interesting.

Unless I was rotated to another position I usually was located at the front entrance to the Senate Office Building. I mostly worked with two other officers, a uniformed officer with the Capitol Police and an officer who worked at Fish and Game. Although they were in uniform I was not and I was in a business suit with a jacket and tie. The work was pretty much what you would expect to see as you went through security at an airport prior to boarding a plane. We x-rayed the contents of people’s briefcases, women’s purses and they also had to go through a walk-thru metal detector. Things usually went along smoothly but every so often the line might get a little long. For the most part though people were patient and they seemed to understand that what we were doing was important and it was for their own good. The painful memories of 9/11 were still fresh and had not yet faded away.

One day near the end of my shift I saw two women standing in line and waiting for their turn to go through the metal detector. When the first women walked through nothing at all happened. When the second young lady walked through the detector it suddenly buzzed and beeped to let me know that something was amiss. I looked at the young woman and suddenly realized what a true beauty she was. She was beautiful! Her hair was perfectly in place, her make up looked like it had been professionally done, her clothes were stylish and elegant and she wore some pretty expensive-looking jewelry. This woman looked like she had just stepped off of the cover of a fashion magazine. When the metal detector alarm went off she looked at me and smiled. It was an “I’m sorry” kind of an innocent smile and it almost made me melt. I told her to go through the detector again. When she did, the same thing happened. The alarm went off again.

I motioned for her to come forward towards me and I picked up the portable hand wand detector that was used when we wanted to be more thorough and certain. In my own mind I was convinced no one this lovely could be a terrorist or a threat to anyone in the Senate Office Building but rules were rules and I would have to use the hand wand. I slowly ran the wand up and down her body, front and back, and both sides too. The wand and my hand never actually touched her, but I still felt like I was invading her space and I was a little embarrassed. She didn’t seem to mind though and she patiently waited for me to finish. As I did, I looked over at the other two officers I worked with to see what they were doing. They were busy with other people at the x-ray machine.

I told the woman that I suspected her jewelry may have set the walk-thru detector off. As I was telling her this I looked over to the right of the detector and saw two men standing there. They were both dressed in business suits and they were smiling. They seemed to be very interested in me AND the young lady. From my many years of law enforcement experience I immediately formed the opinion that these two guys were cops. They were. They showed me their identification and it indicated they were with the Tallahassee Police Department. The beautiful woman walked away from me and then rejoined the two plainclothes officers and the other woman. They entered the Senate Office Building and I never saw them again.

Who was this beautiful woman? I eventually learned that she was Katie Harman and she hailed from Gresham, Oregon. But, she’s better known as Miss America 2002. She had been crowned on September 22, 2001, just days after the terrorist attacks of 9/11. Now, she was touring the nation and meeting the people. At Florida’s Capitol she met Governor Jeb Bush, AND me!

Should President Bush Pardon Border Patrol Agents Compean and Ramos?

For those not familiar with the incredible story surrounding Ignacio "Nacho" Ramos, 37, and Jose Alonso Compean, 28, I’ll repeat the facts as I understand them. Both of these men, Compean and Ramos, were employed by the United States Government as Border Patrol agents. And, they had taken an oath to serve and protect the citizens of this great nation.

On February 17, 2005, Compean and Ramos were patrolling the area around the small Texas town of Fabens, which is located about 30 miles Southeast of El Paso. Fabens is also located just off of Interstate Highway 10 and it isn’t that far away from the Rio Grande River and the Texas-Mexican border.

Osbaldo Aldrete-Davila was an illegal alien from Mexico and he was also a career criminal (drug smuggler) too. He was driving a van full of 743 pounds of marijuana when Agent Compean tried to stop him. This was at approximately one o'clock in the afternoon. Agent Compean chased Aldrete-Davila's vehicle and then when the subject jumped out of the van and he tried to run back towards nearby Mexico, Compean chased him on foot too. He ordered the subject to stop, but he didn't. The subject jumped into a steep ditch filled with dirty water and this is when Compean apparently caught up with him and confronted him. According to Agent Compean a struggle ensued and the suspect pushed him down and assaulted him. The Border Patrol agent called for help and Agent Ramos was the first one too arrive. More agents arrived later.

When Agent Ramos arrived at the scene he saw Agent Compean on the ground bleeding and the suspect Aldrete-Davila still resisting arrest. As the subject ran away from Compean he appeared to have something shiny in his hand and both agents thought this may have been a handgun. Aldrete-Davila kept looking over his shoulder at them and the agents thought he was going to shoot at them. Because they both felt threatened, they now fired at the still fleeing subject. According to the press release from the Office of U.S. Attorney Johnny Sutton, dated August 11, 2006, Agent Compean is believed to have fired approximately fifteen (15) rounds from his weapon and Agent Ramos fired just one (1). Although Aldrete-Davila was hit once in the buttocks he still managed to get away. But, because of the dedicated efforts of these two Border Patrol agents, almost 800 pounds of marijuana was seized and eventually destroyed.

This is where the facts get a little muddied. And, to be honest, it sounds as if Compean, and maybe Ramos too, definitely did do some things that were indeed questionable, if not downright improper. First of all, both of them did not file a report of their gunfire. I'm not quite sure what their eventual explanation was, but it sounds as if they said that because other agents were on the scene and because they thought these other agents reported the events surrounding the shooting, they didn't. This is a stupid explanation and both men should have been honest and did reports detailing exactly what happened. Secondly, Agent Compean picked up his spent shells from the scene (Ramos did not). Again, according to the press release from U.S. Attorney Johnny Sutton's Office, Agent Compean did not recover all of his spent shell casings from the bullets he had fired. He only recovered nine (9) spent casings. Later, Compean told another Border Patrol agent about the shooting and the missing casings, and this other agent found five (5) more casings which he threw away instead of turning them into evidence, which is the proper thing to do.

I don't know what U.S. Border Patrol policy is, but one article I read said that it is a violation of Border Patrol regulations to chase after someone who is fleeing. What I read also said that no matter what the offense, Border Patrol agents should not chase after fleeing subjects. I admit, as a career police officer myself, I can't imagine such an absurd rule really being a requirement. But, this is apparently what one Assistant U.S. Attorney said. Okay, so it definitely seems that Ramos and Compean violated several Border Patrol policies and procedures. And, if they did, then I agree they should be disciplined, and maybe even be terminated. But, other than a possible charge of Tampering with Evidence (or whatever the Feds call it), I don't believe Ramos and Compean should have been prosecuted. But, that's exactly what eventually happened.

When Aldrete-Davila got back to Mexico, with a Border Patrol bullet still in his butt, he told his mother about what had happened. She apparently knew someone who was related to another Border Patrol agent, and mommy called that person. This other agent apparently contacted the U.S. Department of Homeland Security (DHS) and they sent people down to Mexico to meet with Aldrete-Davila. Initially, he was supposedly reluctant to cooperate, but then they offered him immunity if he would be a witness against Border Patrol Agents Compean and Ramos. The Department of Homeland Security wanted to prosecute these two agents for shooting the illegal alien drug smuggler.

And, to make the immunity deal even more appealing to our drug smuggler, the feds even paid for the medical treatment that Aldrete-Davila received, reference his gunshot wound in the butt. This U.S. taxpayer-financed recuperation occurred at the William Beaumont Army Medical Center in El Paso, Texas. One thing is for sure; Aldrete-Davila is no dummy! Why have just mediocre care in some Mexican clinic when you can have the best medical care right here in America, for FREE.

In 2006 Border Patrol Agents Ramos and Compean stood trial in federal court. The prosecution claimed that Agent Compean had called the illegal alien a "Mexican piece of shit." I don't know if this was before Aldrete-Davila was shot in the butt, or afterwards. The DHS tried their best to paint the two Border Patrol agents as out-of-control bloodthirsty racists. They even told one Texas Congressmen, who was concerned about this whole affair, that the agents had supposedly confessed that they "were out to shoot Mexicans." As far as I know there is NO proof of this supposed confession and the Inspector General's Office of the DHS hasn't provided any either. What is really ironic, and which tends to discredit the DHS theory that the agents were racists, is the fact that both Ramos and Compean are of Hispanic and/or Mexican descent themselves.

During the agent's trial the prosecutor claimed that Aldrete-Davila had actually attempted to surrender and he even had his open hands in the air. According to the prosecution's version, as told by career criminal Aldrete-Davila, Agent Compean tried to hit the suspect with the butt of his shotgun and this caused our illegal alien to take off running because he feared what the agents might do next. Apparently, when all of this was happening, and Aldrete-Davila had tried to surrender, he had been climbing out of a ditch. The prosecutor did not explain how our bad guy got into the ditch in the first place and I would assume he ran there as he tried to escape. The prosecutors also claimed that when Compean tried to hit the smuggler with his shotgun, Compean slipped and lost his footing and fell face down into the dirt and the brush. This is how the agent got bloodied and our poor unfortunate misunderstood illegal alien never laid a hand on him. After all, this career criminal had to much respect for the law to do something like that. Yeah, right!

When Aldrete-Davila testified under oath at the trial of the two agents he purposely lied. He described himself as only an "amateur" drug smuggler who was forced by his indigent state to drive this load of drugs to America. He also testified that he did not know who had hired him and he didn't even know where the stash house in America was located. He indicated he needed the money for his mother's medical bills and he also needed money so he could renew his commercial driver's license, apparently so he would be able to find legal work in Mexico.

This version by Aldrete-Davila was, of course, a fairy tale and the prosecutors knew it! As I said before, Aldrete-Davila IS a career criminal so it shouldn't have been a big surprise when he showed his gratitude in October of 2005, by breaking his immunity agreement. That's when this bad guy was caught again as he tried to smuggle another load of marijuana into America. This time though, it was 1,000 pounds. What did the federal prosecutors do with their star witness? Absolutely nothing! Instead, they apparently extended his immunity to this new felony and they sealed the indictment from jurors. How did this jerk repay this latest pathetic gesture by the United States? He sued the federal government for $5 million alleging that when he was shot in the butt, while fleeing arrest, this violated his civil rights. Even with all of this, the U.S. Attorney's Office was still more than thrilled to have scum bag Aldrete-Davila be their star witness against Agents Compean and Ramos.

Chris Antcliff, who was Compean's attorney, tried to keep the jury focused on just who exactly was the bad guy, and who were the good guys, in this twisted affair. "This case is a little upside down in my mind," attorney Antcliff reportedly told the jury. But, thanks to the prosecution's somewhat questionable efforts, the jury did not know about Aldrete-Davila's second drug offense. If they had, I'm sure they would have viewed the prosecution's star witness differently. The prosecution, and the DHS too, did their best to demonize the two agents and this, along with the mistakes and misdeeds the two agents had made, sealed their fate. The Texas jury convicted them of assault with serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence, violating the "civil rights" (of an illegal alien drug smuggler) and obstruction of justice because they did not report that their weapons had been fired.

It has been reported that some of the Texas jurors broke down in tears when the verdicts were read. Three jurors, who were even named in the one article I read, came forward days before the October (2006) sentencing and said they had been holding out against a guilty verdict. They eventually voted with the majority after the other jurors told them the judge did not want (would not allow?) a hung jury. Changing their votes to guilty, according to one of these jurors, violated their consciences, but they did it anyway. What dribble! These three should have stood their ground, no matter what the rest of the jurors did and/or wanted them to do. I guess none of these three had ever seen the 1957 movie "Twelve Angry Men" starring Henry Fonda. He wouldn't have wimped out as these three eventually did.

Apparently because of this new information about the three jurors originally wanting to vote for a not guilty verdict, there was a motion for a new trial. U.S. District Judge Kathleen Cardone denied this motion (Judge Cardone was a 2003 George W. Bush appointee). Ignacio Ramos was sentenced to eleven (11) years in prison and Jose Compean received twelve (12) years. This is indeed a travesty of justice. As I said before, Compean and Ramos acted stupidly by not originally reporting the shooting, and Compean picking up his spent shells was also inexcusable. Both men deserved to be disciplined, and maybe even fired, but not prosecuted and sentenced to prison.

We should remember that there were only three eye-witnesses to this incident involving Ramos, Compean and Aldrete-Davila. Those three men are the only ones who really know what happened that day. The two Border Patrol agents deny that Aldrete-Davila had his hands in the air and that he was trying to surrender. Even with the agents own misdeeds, what makes Aldrete-Davila a more credible witness than Ramos and Compean? Up until this incident both men had been exemplary agents with spotless records and Ramos, who was a Navy veteran, had even been nominated for Border Patrol Agent of the Year.

The jurors also did not hear that according to some members of Aldrete-Davila's family, this "amateur" smuggler had been smuggling since the age of 14. They also indicated that Aldrete-Davila "wouldn't move drugs unless he had a gun on him." One family member even mentioned that he now bragged about all the money he was going to get as a result of his lawsuit against the United States Border Patrol. To be fair, I'm not really sure when this explosive information first became known and the reason the jury never heard it may have been because it wasn't known yet. But, it wasn't the federal prosecutors who eventually unearthed this information, it was a newspaper that was doing a series of articles about this whole affair. Shame on the federal government's investigators for not doing a more thorough investigation and learning of this information themselves.

Should President Bush pardon Compean and Ramos? I believe the only answer to this controversial question is: YES! In fact, I'm amazed that he hasn't done this already. Many members of Congress, Republicans AND Democrats, have called on the President to do this. Yet, he hasn't and his reasoning behind his refusal to do what seems like the right and fair thing to do is indeed baffling to many. I'm not an anti-Bush person, in fact I voted for him twice, but I think it is very hypocritical of him to commute the sentence of I. Lewis "Scooter" Libby, but then let Compean and Ramos continue to rot in prison. "Scooter" Libby was sentenced to thirty months in prison but then, within hours of his conviction, President Bush commuted his sentence so he wouldn't have to serve any time in prison. Although President Bush said that he "respected" the jury's verdict, he also said that he had "concluded that the prison sentence given to Mr. Libby is excessive." Duh! What about the length of the sentence given to Compean and Ramos?

As governor of Texas, President Bush earned a reputation for toughness and he routinely refused to commute death sentences, even when the Pope asked him to. Well, I'm all for toughness and I usually admire a politician who will stick to his beliefs and principles, no matter what. But in this case, Compean and Ramos should be pardoned, or at the very least, their sentences should be commuted just like "Scooter" Libby's sentence was. This is the fair, and the right thing to do.

Final note: Joe Loya is the father-in-law of Border Patrol Ageny Ignacio Ramos. On December 25, 2006, Mr. Loya sent a Letter to Congressman Walter Jones. This letter is very, very interesting and it explains in detail what actually occurred that day at Fabens, Texas. Yes, Mr. Loya is the father-in-law of Agent Ramos, so the letter is obviously slanted in his defense, but what he reveals in the letter does answer many questions I had, plus it also raises some new ones too. For anyone who is interested in this incident involving Compean and Ramos, I would urge them to read this letter.

The terrible tragedy involving Sean Taylor

I’m sure most of us, football fans or not, have heard the tragic story of 24-year old Pro Bowl safety Sean Taylor. On Monday (November 26^th), Sean Taylor was at his home, located in an affluent Miami suburb. He was with his wife and his 18-month old daughter. Because of a serious knee injury Sean hadn’t gone with his team (Washington Redskins) to Tampa Bay where they played the Buccaneers on Sunday. Washington lost that game, but when we consider what actually happened to Sean Taylor and his grieving family, the loss of a mere football game doesn't really seem to be that significant.

Sean was home recuperating from that knee injury when four subjects apparently broke into his home and then eventually shot him. The bullet hit and damaged the femoral artery in Sean's leg and this caused a significant amount of blood loss. Sean Taylor never did regain consciousness and he died Tuesday, a little more than 24 hours after he’d been shot.

Besides the obvious, that a human being’s life had suddenly and senselessly been cut short, there are other factors that make this crime also tragic. Sean Taylor grew up and lived on the so-called “mean streets” of Miami. He apparently had some past associations he was now trying to end. People who knew him well said he had changed dramatically, ever sense the birth of his young daughter. He was now more focused and more mature. But, according to some of his friends, former Miami Hurricanes and current NFL players themselves, Sean Taylor had enemies. These were individuals who were jealous of what Taylor had become, and their envy and greed made Sean a likely target.

Yesterday (Nov. 30^th) the Miami-Dade Police Department announced they had made four arrests reference the murder of Sean Taylor. It would be nice if the one who actually pulled the trigger received a death sentence, and then WAS executed. But, I can confidently predict that this will never happen. Why? Well, I'm sure Director Robert Parker (Miami-Dade Police) had very good intentions when he spoke to the media about the arrests of the four subjects. But, Director Parker, who is a 31-year veteran of the Miami-Dade P.D., broke one of the Cardinal Rules of law enforcement when he said more than he needed to, AND more than he should have.

"They were certainly not looking to go there and kill anyone," Director Parker reportedly said. "They were expecting a residence that was not occupied. So murder or shooting someone was not their initial motive." As an ex-homicide detective myself, I cringed in disbelief when I read these quotes from the head of the Miami-Dade Police. Where did Director Parker get this information? Well obviously, this is what the suspect(s) told the homicide detectives. Director Parker wouldn’t discuss how many of the suspects confessed, or what specifically they said, but it was obvious they were saying murder was not their original intent. But, why would the Director report what they said as if it were fact? He should not have said what he said, period!

Okay, they didn't initially intend to shoot anyone, right? Well, the media reported that Sean Taylor and his wife were awakened when they heard loud noises coming from other areas of their home. Taylor reportedly kept a machete in the bedroom, for protection, and he grabbed it. Someone reportedly broke through the bedroom door and fired two shots, one missed, but one also hit Sean in the upper leg. So, my question to Director Parker is this: If these four individuals "...were certainly not looking to go there and kill anyone" then why did they bust down Sean's bedroom door and start shooting? When they realized that the home was occupied, and not empty as they supposedly first thought, why didn't they then just flee, instead of shooting?

When we also remember the previous burglary at Sean’s home, when the subject(s) apparently left a kitchen knife on one of Sean’s beds, it is obvious to me that there are still so many unanswered questions surrounding this tragic event. Sorry Director Parker, but you goofed badly when you made the statements you did. They will only complicate the prosecution of these individuals and I suspect if they are charged with a capital crime, and they face the death penalty, YOU will be called as a defense witness. After all, YOU have already proclaimed to the world, through the media, that they guys never did mean to kill Sean Taylor.

Final note: The Washington Redskins' web site has a nice tribute to Sean Taylor.

America's Bravest of the Brave

Here's one of my recent posts from AuthorNation.com

(Infinity Publishing created AuthorNation.com for people who like to write)

Although my own book is about law enforcement in south Florida during the violent 1970s, I respect and admire all of the brave and dedicated men and women of our military. The wars in Afghanistan and Iraq have been brutal and bloody. But, regardless of a person’s personal opinion concerning these two conflicts, we should still consider the men and women fighting in these wars to be nothing less than true heroes.

We all know the gruesome figures. Thousands of our best have been killed and many more thousands have been wounded. All of these brave individuals of our military volunteered to serve and this includes the many thousands of reservists who have also been called up to active duty. Some of these reservists called up are police officers and I’m sure most police departments around the country have at least one or two officers who are now on active duty. I recently read a tribute to the first New York City (N.Y.P.D.) police officer killed in Iraq. He died back in August of 2005, and even back then N.Y.P.D. had over 270 police officers on active duty with our military. Many police officers from around the country continue to serve.

Captain Martin Steiger, a sergeant with the N.Y.P.D. narcotics division, was activated in January of 2002. Over the past two years Capt. Steiger, who is a member of the Army Reserve’s 800^th Military Police Brigade, has traveled to Afghanistan (Bagram & Kandahar), Pakistan, Uzbekistan, Oman and Kuwait. In each place he has been he has flown the N.Y.P.D. flag which is embroidered with these words, “NYPD Gone but not forgotten, 9-11-01” (23 N.Y.P.D. officers died in the terrorist attacks of September 11^th).

On the web site I created to help promote and market my book I’ve added a new section where I intend to pay tribute to police officers who have been called to active duty and who were then either killed in combat, or seriously wounded. In my opinion these men and woman are definitely “America’s Bravest of the Brave" and I want to honor them.

From the research I have already done I have located the names of approximately a dozen police officers who were called up and then killed while on active duty. I know there are many more and I request that anyone who may know of a deserving officer please forward his/her information to me. Initially, I intend to focus on those officers who have died, but I would also like to hear about those who have been wounded too.

Gary P. Jones, Captain (retired)
Fort Lauderdale Police Department
Author of: Badge 149 – “Shots Fired!”
My book’s web site: www.badge149.com
My e-mail: Jones313@aol.com