Agent Jesus Diaz facing 10+ years in prison for “pulling handcuffs” during arrest in Texas.
In what appears to be yet another case of the Mexican Government orchestrating a fake crime against one of their drug smuggling criminals hauling dope into the U.S., Border Patrol Agent Jesus Diaz, a 7-year Border Patrol veteran, was convicted in Federal Court on February 24 of one count of excessive force (under color of law) and 5 counts of lying to Internal Affairs. He is facing a maximum of 35 years in prison when he is sentenced in November. Meanwhile, he’s been in jail since the verdict nearly two months ago. He’s in solitary confinement 23 hours per day for his safety. So far, the judge has refused to allow bond while Diaz awaits sentencing.
This latest prosecution against a U.S. border agent stems from an October 2008 incident near the Rio Grande River in Eagle Pass, TX where Diaz and several other agents responded to illegal aliens who had crossed the river into Texas with bundles of drugs.
Agents apprehended the aliens and as Diaz was getting ready to put one of the aliens in the truck for transport, he allegedly pulled on his handcuffs, a common law enforcement technique to get suspects to cooperate. It was 1:30 in the morning and Diaz and the other agents were trying to find the drugs brought over by the suspects and determine if any other cartel smugglers were hiding in the bushes nearby. The suspect refused to answer their questions. They eventually found the drugs and all were taken to the station for processing.
Agent Diaz’ wife is also an agent, Field Operations Supervisor (FOS) Diana Diaz, and she is now speaking out about what she calls a travesty of justice. This case was brought by the infamous U.S. Attorney in West Texas, Johnny Sutton, known for his extremely aggressive and controversial prosecution of Ignacio Ramos and Jose Compean back in 2006. Sutton left office in 2009, but his chief deputy took over and prosecuted this case, once again at the demands of the Mexican Government.
Diaz was tried in September 2010, but the case ended in a mistrial. The DOJ tried the case again in February 2011 and this time they got their conviction, even though federal agent witnesses admitted they had lied to a grand jury. The judge did not allow the fact that they had committed perjury into the second trial.
Sources close to the case say there were numerous holes in the claims made by the illegal alien drug smuggler from the start. Photos taken at the Border Patrol station just after the incident show no bruising or injuries to the alleged “victim”, who was 16 at the time of the arrest.
Also, Agent Diaz was allowed to remain on duty with his weapon for over a year before the U.S. Attorney finally decided to bring charges.
The Mexican drug smuggler, who is now an adult, was given full immunity from all his crimes to testify against Diaz at trial. He is also now eligible for a free visa to come and go within the U.S. if he wants to.
“This case stinks in so many ways”, said Andy Ramirez, President of the Law Enforcement Officers Advocates Council. "We take very few border agent cases involving prosecution, but this one stuck out. We investigated it and found it to be one of the most egregious cases of prosecutorial abuse we’ve ever seen. 10 years in prison for lifting cuffs is outrageous and established a dangerous case law precedent that can be used against all law enforcement officers”, he said.
Ramirez recently interviewed Diana Diaz about her husband’s case and the injustice she has witnessed the past 2 1/2 years. The video of the interview is on the left.
Diana Diaz gave birth last month to a baby daughter and is now raising their four young children by herself, in addition to her continued duties with the Del Rio Border Patrol Sector. Jesus Diaz has yet to meet his now 6 week old daughter. Diana is hoping Congress will investigate this case and intervene, the way they did for Ramos & Compean. Diaz is seeking immediate bond for Jesus while he awaits sentencing, and a new, fair trial, in a district away from the Del Rio border region.
Mr. Ramirez is asking the public to contact their Members of Congress and ask them to look into this latest witch hunt by the Department of Justice.
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