Lawmaker wants Justice to probe border-shooting charges

Rep. Sheila Jackson Lee, D-Texas, said Wednesday she would ask the Justice Department to investigate why criminal charges were brought against two Border Patrol agents who shot an alleged drug smuggler who was in the country illegally.

Jackson Lee said she also wants the House Homeland Security Committee, on which she serves, to examine whether the incident was caused in part because the Border Patrol did not have enough personnel and managers on duty.

Border Patrol agents Ignacio Ramos and Jose Alonso Compean were prosecuted by U.S. Attorney Johnny Sutton for shooting Osvaldo Aldrete-Davila on Feb. 17, 2005.

An investigation concluded that Aldrete-Davila, who was shot in the buttocks, had entered the United States illegally to drive a van loaded with 743 pounds of marijuana to a stash point, but he was given immunity to testify against the agents.

In October, the agents were convicted on federal charges related to the shooting and to attempting to destroy evidence. Ramos was sentenced to 11 years in prison, while Compean received a 12-year sentence.

Some lawmakers have urged President Bush to pardon the agents.

Richard Skinner, inspector general for the Homeland Security Department, told the committee Wednesday that 11 agents were involved in the shooting. A report by Skinner's office has been turned over to the Justice Department.

Jackson Lee is questioning why prosecutors decided to pursue criminal charges against Ramos and Compean, while other agents received administrative discipline.

"The crux of this issue is the decision to prosecute," she said in an interview. "I'm not sanctioning the actions. I am saying that the one fact is they were operating, as we understand it, in the line of duty ... The point is: could this have been an administrative action?"

Sutton's office defended the prosecution in a Jan. 17 statement, saying the two agents "shot 15 times at an unarmed man who was running away from them and posed no threat. They lied about what happened, covered up the shooting, conspired to destroy evidence and then proceeded to write up and file a false report."

Jackson Lee also called on the committee to study whether staffing shortages contributed to the incident.

"I'd like to have a hearing that includes the question of professional development, training and actions like this that may occur for the lack of the numbers of agents that we should have had to assist them or the lack of management that might not have been on site for them to inquire what they should do," she said.