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Old 03-30-2008, 09:38 PM   #22 (permalink)
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This is a link
http://www.usdoj.gov/usao/txw/press_...olume%2013.pdf

to the prosecutor's cross-examination of Ignacio Ramos, he fired one shot, it hit the victim, and then he admits he did not secure the post shooting scene and did not report the shooting to either supervisor who arrived a short time later, even though he testifies that he told one supervisor that the man they were chasing had thrown dirt into Compean's face, then he admits he did not see that happen.

Warning.....the transcript is looooonnnnng....these are just two excerpts:
Quote:
Ramos - Cross by Ms. Kanof (page) 69

1 A. Yes, ma'am.
2 Q. And you think he's been shot?
3 A. After hearing the gunshots, and being on the floor, it was
4 my presumption, yes, ma'am.
5 Q. And you don't yell, Are you shot?
6 A. No.
7 Q. You don't yell, Are you hit?
8 A. No.
9 Q. You don't yell, Are you okay?
10 A. No. The threat was still in the vega. If I stopped to
11 help him, I'm leaving myself vulnerable.
12 Q. Right. Didn't -- okay.
13 You don't learn, in defensive tactic school, that if a
14 partner is down the first thing you do is go to that partner?
15 A. I don't believe so, ma'am. If I go to that partner and the
16 threat is still in that vega, I'm leaving myself vulnerable.
17 That means two agents go down.
18 Q. Didn't -- didn't Chief Barker testify that the single most
19 important thing was the safety of the agent?
20 A. Yes, ma'am. But I can't take care of that agent if that
21 threat turns around and hurts me.
22 Q. Well, you could go and put your body in between that threat
23 and the agent, couldn't you?
24 A. And that's what I did when I ran after him.
25 Q. You didn't go protect him, did you?
David A. Perez, CSR, RPR
Ramos - Cross by Ms. Kanof 70

1 A. I was doing that when I ran after him, yes, ma'am.
2 Q. Well, you said this vega was a very dangerous place, right?
3 A. Yes. I've been there before.
4 Q. There's bushes where people can hide?
5 A. Not in the vega, on the riverbank.
6 Q. Well, along the riverbank, there are?
7 A. Yes, ma'am.
8 Q. But you said the vega is a very dangerous place.
9 A. Yes, ma'am. We were still exposed. The threat was still
10 there.
11 Q. And, instead of protecting him from any other threat, you
12 wanted to catch it, right?
13 A. At that point I wanted to catch him because, in my mind, he
14 had hurt Agent Compean.
15 Q. Without even asking Agent Compean?
16 A. He was down. I mean, I assumed.
17 Q. Well, Agent Compean, in his written statement, as testified
18 to by Chris Sanchez, says he was standing in the vega shooting.
19 A. I didn't see him standing.
20 Q. He said he holstered his weapon and then walked back up to
21 levee.
22 A. That may have been after I passed him. When I saw Agent
23 Compean -- I passed him. I didn't stand right next to him.
24 Q. Oh. After you passed him, he got up, then holstered his
25 weapon, and turned around and walked up the vega. Is that what
David A. Perez, CSR, RPR
Ramos - Cross by Ms. Kanof 71

1 you're saying could have happened?
2 A. I don't know what Agent Compean did after I passed him.
3 Q. I thought you said you went back and got him up, because he
4 was in shock --
5 A. No.
6 Q. -- and you patted him down.
7 A. No. I'm telling you, after I passed Agent Compean, I
8 chased the suspect.
9 Q. Okay. You did not, like you did in 1996, call out, Fire,
10 fire, did you?
11 A. No, ma'am.
12 Q. You didn't call out, Agent down, correct?
13 A. No, ma'am.
14 Q. You knew there were a bunch of agents right behind you, and
15 you didn't even try to communicate to them to go save your
16 partner, correct?
17 A. No, ma'am, because I expected them to be right behind me.
18 Q. You expected it?
19 A. Yes, ma'am, I did. They should have been right behind me
20 in the vega.
21 Q. And you didn't call out, Fire, fire, so they would know
22 that your partner had been injured, and they should be careful
23 about a gun?
24 A. I expected them right behind me in the vega. I expected
25 one of them to call it out. That's why I didn't get on the
David A. Perez, CSR, RPR
Ramos - Cross by Ms. Kanof 72

1 radio. There was more than enough of us for somebody to get on
2 the vega. I knew I was the first one through the ditch.
3 Q. Agent Compean's in shock, right?
4 A. Well, I'm not a medical doctor, but...
5 Q. But you were willing to testify to it on direct?
6 A. Well, to me, he looked like he was in shock.
7 Q. Okay. You have -- you don't have medical training?
8 A. No.
9 Q. The vega is a dangerous place, and you're running after the
10 driver, right?
11 A. Yes, ma'am.
12 Q. Okay. How far did you get before you saw this shiny object
13 in his left hand?
14 A. How far did I get where?
15 Q. Chasing him down the vega.
16 A. I must have ran -- well, past the little drag road, 15, 20
17 feet, when I yelled, Parete, and he turned around.
18 Q. Okay. You yelled, Parete, and he turned around?
19 A. Yes, ma'am.
20 Q. And was it at this time that he was, with his left hand,
21 pointing something at you that was shiny?
22 A. Yes, ma'am.
23 Q. Okay. Why didn't you shoot him then?
24 A. Because he made an overt threat at me.
25 Q. Why didn't you shoot him then?
David A. Perez, CSR, RPR
Ramos - Cross by Ms. Kanof 73

1 A. Oh, why didn't I shoot?
2 Q. Right.
3 A. I shot at him at that time.
4 Q. Okay. You shot at him while he was still on the vega?
5 A. He was at the lip of the riverbank.
6 Q. Well, just a minute ago you said he was on the vega.
7 A. He was running in the vega. I was still running --
8 Q. He was running and turning around and shooting all at the
9 same time?
10 A. No, I didn't say he was running and shooting at the same
11 time.
12 Q. Okay.
13 A. I didn't say he turned around until I yelled, Parete.
14 Q. Okay. So he only turned around once, then?
15 A. I only yelled Parete one time. That's when he made the
16 gesture at me.
17 Q. Okay. And you shot him and he fell?
18 A. I didn't say he fell.
19 Q. So you didn't think you shot him?
20 A. No, I didn't.
21 Q. And you didn't keep shooting at him?
22 A. I shot one time.
23 Q. Well, the threat is still there, isn't it?
24 A. He disappeared.
25 Q. He disappeared?......
David A. Perez, CSR, RPR


....4 Q. When you checked Mr. Compean, you found out he had not been
5 shot, correct?
6 A. Right. Right.
7 Q. But you're still there, the two of you, watching him limp
8 back to the Mexican vega, correct?
9 A. I didn't say he was limping back.
10 Q. Walking back?
11 A. Walking back.
12 Q. He wasn't jogging or running?
13 A. No.
14 Q. Wasn't turning around trying to shoot you?
15 A. No, he was just walking back.
16 Q. And when he got to the Mexican levee, you said that, at
17 that distance, he would not have been accurate, correct?
18 A. I don't believe so.
19 Q. How do you know?
20 A. I don't even think I can be accurate at that distance, not
21 with a handgun. That's why I said he didn't have a rifle in
22 his hand.
23 Q. So you didn't feel a need to take cover?
24 A. By that time we were up on our levee.
25 Q. And you didn't tell Yrigoyen or Mendez, That guy had a gun?
David A. Perez, CSR, RPR
Ramos - Cross by Ms. Kanof 81


1 A. When Yrigoyen and Mendez got there, he was already over the
2 Mexican levee.
3 Q. But Yrigoyen and Mendez could see him, correct?
4 A. I think they testified they didn't see him until he was way
5 past the Mexican levee.
6 Q. But they see him being picked up by people that you-all
7 assume were Mexican drug dealers, correct?
8 A. I guess that's what they said.
9 Q. And you had no fear, and didn't feel the need to warn the
10 people that were standing next to you?
11 A. The threat was gone.
12 Q. So you don't see him picking up casings when he's coming up
13 the levee, correct?
14 A. No.
15 Q. And you get to the top of the levee?
16 A. Yes.
17 Q. You hear Jonathan Richards call out to Mr. Compean, Are you
18 okay? Right?
19 A. That was when I had already crossed back to the north side.
20 And this was after I had already told Mr. Richards.
21 Q. That he threw dirt in his face?
22 A. Right.
23 Q. Even though you didn't see that?
24 A. Right.
25 Q. And you did not tell -- you had two supervisors there at
David A. Perez, CSR, RPR
Ramos - Cross by Ms. Kanof 82

1 the scene, right?
2 A. Right.
3 Q. And you didn't tell either of them, according to the
4 policy, that you discharged your firearm?
5 A. No.
6 Q. And neither did Mr. Compean?
7 A. No.
8 Q. If you had, one of these thick reports would have been
9 generated, right?
10 A. I guess so.
11 Q. And they would have tried to determine whether or not it
12 was a good shoot?
13 A. I guess so.
14 Q. And the reason you didn't report it is because you knew it
15 wasn't a good shoot?
16 A. No. I just messed up.
17 Q. You just messed up?
18 A. I was just worried about a lot of other things. I was full
19 of adrenaline from chasing him. I was full of adrenaline from
20 being threatened again, from having shot the pistol. I was
21 worried about Mr. Compean. I had a lot of other things on my
22 mind.
23 Q. An hour later, as well? You were still so full of
24 adrenaline that you couldn't remember to report the shooting an
25 hour later? You have a whole hour, right?
David A. Perez, CSR, RPR
Ramos - Cross by Ms. Kanof 83

1 A. Right.
2 Q. Okay. So, an hour later, you were still so full of
3 adrenaline that you forgot to report it?
4 A. No. I just made the assumption I shouldn't have.
5 Q. Well, what assumption is it that you made, again?
6 A. That somebody else had told him.
7 Q. But if somebody else had told him, wouldn't he have come
8 and asked you about it?
9 A. I guess he would have.
10 Q. So then you could have made the assumption that somebody
11 hasn't told him, correct?
12 A. I guess so.
13 Q. You testified that you think your shell casing is still out
14 there, right? Is that correct?
15 A. Maybe, after all this time. I don't know.
16 Q. Well, you went out to look for it, didn't you?
17 A. No, I didn't.
18 Q. Well, you've been out to that scene a couple of times,
19 haven't you?
20 A. With my attorney.
21 Q. Well, you weren't with your attorney the Friday before last
22 when you went out there, were you?
23 A. No.
24 Q. So you went out to that scene on occasion, have you not?
25 A. Just once.
David A. Perez, CSR, RPR

Ramos - Cross by Ms. Kanof 84
1 Q. You were looking for your casing?
2 A. No, I was not.
3 Q. Okay. This is what the firearms policy calls a reportable
4 shooting, correct?
5 A. I believe so.
6 Q. Well, you taught it for five years. If you don't remember,
7 I can give you the policy to refresh your memory.
8 A. Yes, ma'am.
9 Q. It is a reportable shooting?
10 A. Yes, ma'am.
11 Q. And when there's a reportable shooting, the first thing
12 you're supposed to do is secure the scene, correct?
13 A. I believe so.
14 Q. You didn't secure the scene?
15 A. No.
16 Q. You are also educated, as a sector evidence team member,
17 correct?
18 A. Yes.
19 Q. You went to sector evidence school?
20 A. Many years ago.
21 Q. So you forgot about it since then?
22 A. It's been a long time. I never applied any of what I was
23 trained in that.
24 Q. Well, regardless of whether you've gone to evidence school,
25 every agent is told that, if there is a crime scene, they need
David A. Perez, CSR, RPR

Ramos - Cross by Ms. Kanof 85
1 to not touch it, right?
2 A. I don't know if every agent is told that.
3 Q. You weren't told that in Quantico?
4 A. I never went to Quantico, ma'am.
5 Q. FLETC, whenever you went?
6 Sorry, you're not an FBI agent. FLETC? That's
7 F-L-E-T-C.
8 A. I don't remember ever being told that. I -- I can't be
9 certain, no, ma'am.
10 Q. Okay. But you did get evidence response training?
11 A. Yes.
12 Q. Okay. You didn't secure the scene, did you?
13 A. No.
14 Q. You didn't make a call to ask for the evidence team to come
15 out, did you?
16 A. No.
17 Q. You didn't notify sector communications that you needed a
18 SET team, correct?
19 A. No.
20 Q. The SET commander didn't come out to check to see whether
21 or not they needed to do an investigation, did they?
22 A. No.
23 Q. So, therefore, nobody took custody of your weapons at the
24 scene, correct?
25 A. No.
My impression was that Ramos was not believable..... I don't understand how a jury could come to any other conclusion than that he knew he couldn't defend his decision to fire his weapon, so instead he attempted to conceal the fact that he did. He also gave the impression that he was not fit to be a border patrol officer, a man familiar with regulations and giving sworn testimony in court during an eleven year career.

His overall response on the witness stand was so evasive and contradictory that it seemed shameful to me.....how did this confused, unethical, and ignorant man survive in a job as a sworn officer in a specialized field for eleven years?

Anyone who advocates for addtional "justice" for Ramos, either has not examined the transcript, or is not interested in learning the details of the case, IMO. It is so blatant and obvious why Ramos and Compean did not report their shooting activity, I feel like I wasted my time, looking into the trial testimony.

Last edited by host; 03-30-2008 at 09:53 PM..
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