Drug Smuggler in Border Agents Saga Pleads Guilty
Fred Lucas
Staff Writer
(CNSNews.com) - The Mexican national who was the star witness in a controversial prosecution that resulted in the sentencing of two Border Patrol agents to more than a decade in prison pleaded guilty to multiple drug charges in federal court Thursday.
On Feb. 17, 2005, Osvaldo Aldrete Davila attempted to smuggle more than 700 pounds of marijuana into the United States along the Texas-Mexico border, in the small town of Fabens, Texas. As he tried to flee arrest on foot, two Border Patrol agents, Ignacio Ramos and Jose Compean, shot at him. Ramos's bullet hit Davila in the buttocks.
The incident gained national attention when U.S. Attorney Johnny Sutton with the Western District of Texas worked out an immunity deal for Davila if he would return to the United States and testify against Ramos and Compean.
The case sparked controversy as members of Congress from both parties called for President Bush to pardon the two agents or to commute their sentences. The Senate Judiciary Committee and House Foreign Affairs Committee conducted hearings on the case.
Davila was arrested and indicted last November based on two other drug deals from 2005, and he has pleaded guilty to those crimes. Those crimes, in which he tried to bring illegal drugs into the country in September and October 2005, occurred after he was given immunity for the initial drug bust in February 2005, when he was shot.
Davila was charged with two counts of possession with intent to distribute a controlled substance, one count of conspiracy to import a controlled substance and one count of conspiracy to possess a controlled substance with intent to distribute.
Davila brought those two loads into the United States during a time when the U.S. Justice Department had given him six unconditional border-crossing cards.
Prosecutors fought to keep evidence of the September and October 2005 offenses out of the trial in early 2006 that ended with Ramos and Compean being sentenced to 11 and 12 years respectively.
Ramos and Compean, who are in prison now, are still awaiting a decision by the U.S. 5th Circuit Court of Appeals.
Sutton, roundly criticized by political commentators and members of Congress for the border agents' prosecution, also prosecuted the Davila case.
Sutton has said that the border agents were not above the law and had to be prosecuted, just as Davila was not above the law.
But Rep. Dana Rohrabacher (R-Calif.) on Thursday said Davila's guilty plea "underscores the travesty" of the Ramos and Compean conviction.
"From the president's refusal to pardon or even commute the agents' excessive 10-plus year sentence, to his prot_g_, Johnny Sutton's decision to take the word of a now-convicted drug smuggler over our brave border defenders, this whole episode has been a black mark on this administration," Rohrabacher said.
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