Listeners to Edd Hendee and Pat Gray this morning heard about a letter sent by a Mexican consular representative to several American law enforcement officials on behalf of an illegal immigrant who was accidentally injured by a county sheriff’s deputy.
Turns out the deputy had the temerity to shoot at the tire of a van that was trying to run him over. A bullet went through the vehicle and struck one of the migrants in the cheek.
That’s unfortunate, and we hope she recovers quickly and fully.
But she was in the country illegally, and she was hidden from the officer’s sight, and she was in a van that was trying to run the deputy over. You’d think that before writing to complain about the mistreatment of their “nationals” by American officials, the folks at the Mexican consulate might stop to ask themselves if maybe this isn’t the best incident to be putting a spotlight on.
Apparently not. They seem to think the officer in this case deserves to be “punished” for his actions.
As Benzion might ask, “How do you say ‘chutzpah’ in Spanish?”
You can read a copy of the letter here.
Filed Under Uncategorized ·







This madness just gets crazier every day! The deputy should be commended.
Once again Federal Prosecutor Sutton is involved.
Mexican officials arenot widely known for their tact and compromising manners
Chutzpah–there is no translation to any other language.
“Juevos” is a word in spanish that comes to mind. Apparently we’ve lost ours.
The good counsulate of Mexico wrote a second letter to the FBI and other American officials - demanding the same investigation and prosecution.
Call your Congressman and Senator.
Apparently NO letters of record supporting the Deputy and demanding prosecution of the driver of the car, the “guide” (read: “coyote”), or the illegals. By the way - they are all living in San Antonio area under govenment protection. I have documentation of this as well if you are interested.
Here we go again…I say Sutton should not be allowed to be in on this one…let’s see how another Prosecutor would handle this one.
Once you open the flood gates with prosecution of law enforcement officers, every Tomas, Ricardo and (whatever the Spanish translation of) Harry comes out of the woodwork and sues for damages and compensation for harming the criminal (aka ILLEGAL ALIENS). It’s just like allowing the illegal aliens to come into this country unabated then they all start coming in. All you need is some “Sutton” types to start the ball rolling and before long we will belong to Mexico. When is “enough is enough”, when they raise the Mexican flag at the state capital in Austin.
Living in San Antonio (under the WPP)? How did this happen? Something smells here (and it isn’t tacos or fajitas).
Let the phone lines to Cornyn, Hutchison, Culberson and Poe start to ring, people. Also, start calling U.S. Attorney General Alberto Gonzales’s office.
This is outrageous! Why do I pay taxes?
Cojones
#10 to support mexico.
What if all law inforcement ignored south of the border types for 1 day. Just turned the other way every time they saw one. Who would be hollering then?
The libs are always justifying bad behavior under “this is a nation of laws” mantra whenever they don’t like something. Maby this would show them how they are perverting the law.
Update on the non-prosecution of the driver and the “coyote”:
The vehicle was purchased a week earlier in Texas - driven to Mexico - loaded up with “customers” and the driver & coyote guide tried to run over the deputy when he stopped them. Here is the last paragraph from the local newspaper story of the trial:
Deputy Hernandez is now being held in Del Rio awaiting his sentencing in March of 2007 (no bail thanks to Sutton’s prosecutor). The driver and guide in the vehicle were never apprehended. None of the occupants in the Suburban were charged.
SO - no cover up, no picked up shell casings, no failure to file reports - or anything else that Sutton claims was the reason he went after the Border Patrol Agents - but this poor Deputy still gets the full “Sutton” treatment. If you and I don’t stop this - it will continue.
Here’s a quarter…
If you accept the English translation of ‘chutzpah’ as “unmitigated gall” then the Spanish translation of that is el descaro verdadero.
The letter is dated April 18, 2005. What’s up with that?
Eddhendee
I actually received a reply from my congressman (McCaul)when inquiring about the Border Patrol agents. I have not heard back from Either of our Senators. Keep the pressure on for these guys and for the Deputy.
We Deserve Answers and They Deserve Justice.
Just send in response a big sheet of paper with the middle finger salute emblazoned on it!
#18, navymom–Spot On! That would be universal sign language needing no translation. Ah, might one presume there should be several recipients of this communication? The Mexican Consulate AND the Justice Department?
Someone needs to check Suttons fiancial records and his off shore accounts. How much money is he making, doing the drug lords and coyotes bidding.
Follow the money!
#19
Yep, no translation needed! HEH
Of course “machismo(a)” is the direct translation
Anyone have any doubt how the situation would have been handled if the perps we’re trying to enter Mexico and tried to run over an officer?
Maybe that’s why these people don’t want to live in their own country in the first place?
Well, I demand for the Mexican consular official: they and their ilk can pucker up and smooch my ENTIRE Texan a$$!!!!!!!!!!!!!!!
Ok. Anyone happen to know what part of the state is under Sutton’s jurisdiction?
CP
Western District of Texas, includes Waco, El Paso, San Antonio, Austin, Del Rio, Midland-Odessa, and Alpine, I believe.
PBFloyd
#23
I second that commotion!
#25
Thanks!
From the sketchy newspaper accounts I can find this is a pretty clear case of
Shooting illegals
1. There was an investigation, possibly by the Texas Rangers - I will find out or by the Sheriffs departments own unit
2. They did not believe the Deputy
3. the investigation was that the deputy fired several shots into the car
4. Luckily, only one person was hit
5. this evidence was presented to a grand jury
6. They approved it
7. A duly sworn judge and jury tried the case and Gilmer Hernandez had proper legal counsel
8. He was convicted in a court of justice in the Western District of the United States
So obviously except here - no one aparrantly believed Gilmers story
BTW no one was hidden in the floor boards no one was running illegal drugs, weapons, nukes, nerve gas, they were probably just looking for work.
Its sad that we must side on the side of whats right and have to choose between police who serve us and illegals but we can’t start a trend of shooting people unless they are armed
Y’ALL HAVE TO READ THIS! It’s a fairly detailed article about this event and it really ticked me off.
http://www.rockspringsrecord.com/story13.shtml
I think I’m going to contact Sutton’s office and the Assistant U.S. Atty. listed in the article.
C P
This account refutes the rocksprings
first he fired INTO THE BACK OF TH$E CAR CAUSE THATS WHERE THE BULLET HOLES WERE HE NEVER FIRED AT THE TIRES
Second he didn’t bother to tell anyone about it for almost A DAY
ANYTIME YOU DISCHARGE YOUR WEAPON YOU MUST REPORT IT IMMEDIATELY
From the prosecutor:
The law says you cannot use deadly force to stop a car unless it poses an imminent threat to the officer or another person. If the car is going away from you, it’s not even a close call,” said Assistant U.S. Attorney Bill Baumann, who prosecuted the case.
According to his incident report, written the next day, he began shooting after the driver tried to run him over as he fled.
“Hernandez was in fear of his life and fired his weapon one time to the back left rear tire,” he wrote in his report, going on to describe two more shots. Investigators later found a fourth shell casing at the scene.
Three of the rounds penetrated the back of the Suburban
NOTICE THE SMALL SENTENCE ABOVE HE SHOT TO KILL PURE AND SIMPLE PISSED ABOUT ILLEGALS HE TOOK ACTION INTO HIS OWN HANDS
http://www.alipac.us/modules.php?name=Forums&file=viewtopic&t=49034
Ok. Just read the mysa.com link. There’s a heck of a lot more detail in the Rocksprings article and the mysa article didn’t say anything about the DPS investigation! I’m still not sure on the border patrol thing, but this seems pretty cut’n'dry to me. Was the case presented to a local grand jury? If so, why did they refuse to indict? Sorry, but I’m going to take the investigation of local and/or state agencies over federal agencies. From Rocksprings article, the Ranger made it seem like the evidence supported the deputy’s statement. Also, he didn’t “report it the next day.” He wrote his report the next day, which is not the same as “reporting” the incident. The actual sheriff was on scene that night! Even if he did report it the next day, the incident ocurred at 11:30 pm. The next day would be 31 minutes later. I’m all for impartial but don’t be so quick to condemn this officer. It’s easy to play arm-chair quarterback, especially if you’ve never worn a badge.
“Hernandez was in fear of his life and fired his weapon one time to the back left rear tire,” he wrote in his report, going on to describe two more shots. Investigators later found a fourth shell casing at the scene.
Oh, FYI, when a person is scared that they’re about to be killed and fire a weapon at the attacker, the last thing that they’re going to be thinking is “how many shots did I just fire?” Officers, contrary to popular belief, are not expert marksmen. We’re not trained to shoot legs, arms, etc. You aim for the biggest area (center mass), shoot and keep shooting until the threat is eliminated. So, it’s irrelevant that he hit the back of the van, especially if he was aiming for the back tire. I also think this statement “NOTICE THE SMALL SENTENCE ABOVE HE SHOT TO KILL PURE AND SIMPLE PISSED ABOUT ILLEGALS HE TOOK ACTION INTO HIS OWN HANDS” is incredibly myopic and judgemental.
C P
Hernandez is a CONVICTED felon - you need to be careful what you believe he is saying now.
the facts seem to be:
He fired several times into the back of the car
Those facts are most likely what got him convicted
Also, I am no arm chair QB my friend
Additionally - like I said no one believed his story - he was investigated and prosecuted by his fellow law enforcement officials in the State of Texas
The fact he’s being held without bail is also probably not without reason as well.
Eric,
The aliens are in this country - no charges. The coyote and the driver were never found or charged. The deputy called his supervisor to the scene immediately - the woman was taken to the hospital and is fully recovered.
This is NOT justice in the America I know. You may call this man a convicted felon - I have not come to the conclusion that the trial was just and fair. I have the same concerns regarding the Border Patrol agents. If you think thier job is easy - go do it. I’m curious what your experience is to make such judgments against these lawmen. It had better be impressive - be specific.
#33
I apologize. I must be reading wrong. I was under the assumption that he was prosecuted by the United States Attorney’s Office, not the Edwards County DA’s office. Noone believed him except his Sheriff, girlfriend, other deputies, citizens of his community, and Ranger Bobby Smith. Just about EVERY story I’ve read has his dept. and community backing him. (Granted, I haven’t read any of the official reports. I’d venture to say that you haven’t either).
Edd
Sorry
He emptied his clip at a car full of unarmed people
Lied about it in two reports
The argument that it is a tough job has been widely refuted many times 39000 law enforcement officers in Texcas did not shoot any unarmed people and all of them have a tough job
- first he was a deputy pulling someone over on a routine traffic stop
The people fled - yes that it a crime - no its not capital punishment
Edd - we cannot let our emotions go and let peace officers be the judge and jury they are there to enforce the laws and turn them over to the prosecution
Edd - I could ask you the very same question - what experience do you have?
Im curious
Look I will send you an email with my phone number on it we can have a short conversation but it will clear up alot of your questions
I am also contacting Sutton’s aide and we will put to rest your allegations and some congressmens allegations of wrong doing once and for all.
everyone has their role Edd its been clearly defined to them, anyone who fires their weapon has to report it and leave the scene undisturbed, everyone you me, law enforcement, Feds, everyone.
Did you interview sutton - did you try to have lunch with him? Did you seek the other side of the story?
If youhaven’t you are being fed very bad information Edd.
Eric
You’re right. We need not get emotional. “He emptied is clip” is an emotional statement. According to your own post, only 4 shell casings were found. I can’t think of 1 semi-auto that has a 4 round mag. If it was a 1911 model, it at least holds 8 or 9. If it’s a Glock, HK, etc., it probably held at least 12, if not 15 rounds. So, don’t get emotional and say he emptied his clip when he didn’t. If you’re contacting Sutton’s aide, why not contact the sheriff and the ranger too to get all sides of the story? You need to follow you’re own advice. I don’t know you, but it’s starting to seem to me that you are kind of anti-cop because it seems like every time one gets into trouble, you automatically side with the criminal involved instead of giving the officer the benefit of the doubt. As far as Edd’s experience, you’re missing the point. You’re the one criticizing the officer who stated that he wasn’t an arm-chair QB, which implies that you actually do have law enforcement/military experience. Edd never made those statements. What makes your information any more accurate that Edd’s. Did YOU interview Sutton? Why is his word so much better that his employer’s or the ranger’s?
EricPJohnson has no credibility
He reads the prosecutors statement and then says these are facts.
Trl3
So did the jury so did the Grand Jury so did the judge, so did the clerk of court
If they lose on appeal so will a jury of federal judges
except for that…..
C P
First
Edds recounted their side of the story.
Second - The prosecution and the courts gave them a chance to say their side in court
Third - no one believed them thats why the man in question is a felon
Fourth - bullet holes in the back of a car are not self defense in the eyes of most people in Texas
fifth - the jury was unswayed by the emotional appeals that there is a crisis and this was an appropriate response, that the job was hard etc
Sixth - The lesson is - lets stop shooting unarmed people, lying about it
Seventh - I am extremely sympathetic to peace officers, Hernandez ceased being a lawfully sworn public servant when he fired additional rounds into the back of the car hitting an unarmed woman in the face - had he just squeezed off two or three rounds and maybe they even killed a couple of people I on a jury would have given him the benefit of a doubt
He fired “at least six shoots” in two places in the car
Also people I know in Law enforcement who think they are going to die from being run over aim a little higher than the tires - That part of the story troubled me but I still would have given him the benefit of a doubt had the pattern of shots fit his story and the force level was appropriate
But it wasn’t
Look Trl3, Edd, CP et al
I appreciate your vigor in defending these people, your cause is just in your eyes and I hope congress rethinks the 10 year minimum these people - with the exception of Ramos - were or are about to be given
But let me rephrase this so you see where I and Sutton and most people might draw a line:
There is the law and the public officials who support the law.
Sometimes in extraordinary circumstances we have to choose, choose between them.
Now twice a jury of Texans has made that extremely difficult choice and no doubt will again.
we simply cannot start shooting unarmed people - we cannot in our reports creat false circumstances - we also cannot employ people who have a documented history of violent behavior as peace officers
We as always must seperate the politics from the enforcement of the law.
I agree with most of your last post. However, unarmed people have been killed by POs before and were considered justified. I can tell you this, if I was one of the officers, I would have fought tooth and nail for a change of venue. You’re not going to convince me that a police officer being tried in a Texas border town for shooting an illegal alien is going to get a jury of his peers. How many on the jury have relatives who are over here illegally (rhetorical)? I don’t see where he lied and I’ve never heard or read that he had a violent history as a CPO until your statement. As a matter of fact, most of the citizens he served and his co-workers say he was an exceptional officer. Please provide your source. One last question, just for curiosity sake. In your opinion, do you think OJ and Robert Durst were innocent or guilty? I know what the juries found. I just want your personal opinion. A simple “OJ/Robert Durst was guilty/not guilty” will do. I think the answer to that question may better help me understand your thought process.
C P
Some of the transcript I saw redacted in an el paso newspaper account was that the pretrial judge ordered him to anger managment so he could aide in his defense - his lawyer said he just got out of a court ordered anger management
This was from his own attorney
OJ was in California and in a State court this is Federal the rules for evidence are more strict (now thats arguable I agree) and conduct by the attorneys
C P
I was talking about Ramos not Hernandez
All I know he emptied a clip into a car with at least 6 shots hitting the car from the rear
C P
I don’t know anything about Durst - I didn’t follow the trial
OJ - was he capable of killing his wife and Ron - Yes
Did he do it - not proven
Did the prosecution not have enough evidence - yes
Did the defense conduct a brilliant, brilliant defense - well yes and no
Did the gloves not even come close to fitting - no
Were the bloody socks and the blood in the Bronco evidence enough - for me yes - until there were reports of tainted with PSP (police sample preservatives)
Was the DNA evidence enough for me - no - at the time with my education I knew that DNA evidence tests were in their infancy as a trial mechanism - and the Nobel Prize winning scientist who invented the modern test stated it was might not be OJ’s blood under oath in the trial -
At that point the jury was tired, fatigued and bewildered - we went beyond what the reasonable limits were and Judge Eto did nothing to aleaviate their plight - the jury turned hostile and that is always most likely against the prosecution cause they are the reason why they are there.
Look I was not on the jury - believe it or not was extremely busy with three kids, two careers between me and my wife I didn’t follow the evidence they had at best a partial print of a Bruno Mali shoe and OJ had some weak evidence that he was getting ready for a trip at the time.
Also I don’t want to rehash it OJ was not a border patrol agent highly trained with a gun
And without fear of being corrected neither was Durst
It sounds like that you’re opinion was that OJ was guilty? Please correct me if I’m wrong. I’d be willing to bet that you know much more about OJ than I do (at that time, I could care less about current events). What’s you’re opinion; no rehashing or comparing to this case (apples and oranges), just you’re opinion as a U.S. citizen. I know you weren’t there and that there are pros and cons with the evidence and jury. That’s why I stated that I know what the juries found and that I just wanted an OPINION. I didn’t follow the Durst trial very closely, but I do have an opinion about it. You know enough about it to know he wasn’t a Border Patrol agent. No right or wrong answers, just an opinion. Were OJ and Durst, in your OPINION, guilty or not guilty? How you came to the opinion is irrelevant. If you really don’t know about the Durst case, that’s fine. If you don’t want to answer, just tell me that you’d rather not answer or don’t see the point.
I promise, I won’t even respond after you post you’re opinion(or not post).
C P
I don’t know what you are getting at….
The OJ trial clearly did NOT have the evidence and the atmosphere where justice could be determined
I don’t even know what the Durst case is about….
But let me warn you - these two cases I commented here at lst were
A. After the fact and the facts had forensic evidence submitted by the government in a well organized manner
B. there was No Doubt that the parties were involved - the question was over motive and justification
in the case of the Border agents and the Hernandez case - there was no doubt or contest from the defendants that they were even there in the OJ trial it was exceedingly difficult for the prosecution to even tie OJ to the scene - the former LEO’s were convicted on the inconsistencies of their own stories, reports and actions and testimonies of other law enforcement agents - the prosecution in the OJ trial had two highly suspect detectives Van Adder and Furman who created as much controvery during the trial as the trial itself.
Its a fact Hernandez, Ramos, and Compean did what they did - was it justified is the real question they failed to answer during the trial to both jurys satisfaction (grand jury and trial jury)
OJ was sooo long ago that it seems a exceedingly poor benchmark to judge justice on or could a jury be mistaken.
Ok. You know what. I wasn’t making ANY comparison between the 2 cases. What I was “getting at” was that ALL I WANTED WAS YOUR PERSONAL OPINION. Forget the Hernandez, Ramos, and Compean cases for a sec! It sounds to me like you do think OJ was guilty. That tells me that, FOR WHATEVER THE REASONS MAY BE, that you may believe that the system is not perfect and it’s possible that mistakes will be made. Based on your last statement, is a jury in the early 90s any less fair and impartial than a jury today? Again, I reiterate the issue of them having a fair trial in a border town. FYI, they don’t have to prove whether or not was justified for a grand jury. All a grand jury has to do is find probable cause for an indictment. The level of evidence for probable cause is not as much as it is for truth beyond a reasonable doubt. People are indicted all of the time that are then found not guilty by juries. Do you happen to be a politician or an attorney? Based on the way you answered my questions, you’d have been very good at either.
C P
Its called an appeal process - they can appeal - I think cause they would be facing attempted murder charges again they would stick with the current sentences.
No I’m not an attorney and/or a politician - did lose a race for school board once
I’ll say this Eric, debating with you keeps me on my toes and more ready for political conversations with my “not as conservative” friends.