Border Agents Released From Prison

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After serving several years in solitary confinement, Border Patrol agents Ignacio Ramos and Jose Compean were released from prison to serve out the remainder of their sentences under home confinement. In one of his last acts, former President Bush commuted their sentences on January 19, 2009, but it doesn't take effect until March 20. Now reunited with their families, the agents are trying pick up the pieces of their lives and move forward.

Rocksprings, Texas is a small town – population 1,200 – with a battle on its hands. It's an old wool-shipping center where God, church and the border are at the center of civic life. It's a place where the Edwards County Sheriff's Office keeps watch over the city with just three deputies, and most of the department's cases have to do with illegal immigrants. 

These deputies are the officers on the front lines, keeping watchful for terrorists, illegal immigrants and gangs coming across the increasingly porous border with Mexico. One of the deputies on the force, Gilmer Hernandez, earned $20,000 a year trying to keep order in Rocksprings.  Day and night, Hernandez would struggle with illegal immigrants trying to come into Rocksprings.  It's a dangerous assignment, but Hernandez was happy to do it.

On the night of April 14, 2005, Deputy Sheriff Hernandez was on routine patrol.  In the stillness of the vast desert night, a speeding Suburban ran through a red light, and Deputy Hernandez stopped the vehicle.  Authorities say that, as he walked to the driver's side, the vehicle peeled away, almost running over Gilmer's foot. The lawman fired several shots -- one of which blew out the Suburban's rear tire.

The vehicle stopped, and eight or nine people suspected to be illegal immigrants jumped out and took off running into the sagebrush. According to reports, one illegal -- a woman named Marcela Rodriguez Garcia -- remained in the back seat of the car.  She was hit by one of the bullets, and it shattered some of her teeth.  She was treated at the hospital, and was released to the care of her husband. Deputy Hernandez reported the incident to his supervisors, who -- according to procedure -- called the state to investigate.

But within days, the federal government was investigating too.  The Mexican consulate had sent a letter to local and federal law enforcement officials in Texas demanding a full investigation.

The U.S. Attorney's office charged Deputy Hernandez with violating the civil rights of the woman in the back seat of the car.  Prosecutors say that, because the agent's life was not in danger, he shouldn't have shot at the vehicle. Defense attorneys argued he was doing his job, and that he did believe that his life was in danger.

Gilmer Hernandez grew up in the town of Rocksprings, and his roots there run deep.  It was here that he met and married his high school sweetheart.  He began serving his town and country when he was 18 years old, taking a job as a jailor so that he could get his foot in the door of law enforcement.  As soon as he reached the minimum age to be a deputy sheriff, 21, Gilmer applied for the position and got the part-time job.  Many citizens believed that one day Gilmer would be their Sheriff, continuing to protect their homes and families.

Needless to say, the town of Rocksprings was stunned and outraged upon Hernandez's conviction.  They were so shocked that the small Baptist church in town decided to help pay the Hernandez' mortgage and their legal bills.  The Sheriff of Edwards County told America's Most Wanted his deputy did nothing wrong.

The local Baptist preacher, Albert Green said, "Our deputy is in jail for doing his job".

The Sheriff called the prosecutor "overzealous" and calls the pressure put on officials by the Mexican consulate "intense".

The case of Sheriff's Deputy Gilmer Hernandez will leave many wondering: what is truly going on at our border?

Gilmer Hernandez grew up in the town of Rocksprings and his roots there run deep.  It was here that he met and married his high school sweetheart.  He began serving his town and country when he was 18 years old, taking a job as a jailor so that he could get his foot in the door of law enforcement.  As soon as he reached the minimum age to be a deputy sheriff, 21, Gilmer applied for the position and got the part time job.  Many citizens believed that one day Gilmer would be their Sheriff, continuing to protect their homes and families. 

Needless to say, the town of Rocksprings was stunned and outraged upon Hernandez's conviction.  They were so shocked that the small Baptist church in town decided to help pay the Hernandez' mortgage and their legal bills.  The Sheriff of Edwards County told America's Most Wanted his deputy did nothing wrong.  The local Baptist preacher, Albert Green said, "Our deputy is in jail for doing his job".  The Sheriff called the prosecutor "overzealous" and calls the pressure put on officials by the Mexican consulate "intense".

America's Most Wanted found out the U.S Attorney's office who decided to pursue this case is no stranger to controversy.  The U.S. Attorney for the Western District of Texas is the same one who recently prosecuted two Border Patrol Agents, Jose Compean and Ignacio "Nacho" Ramos, for shooting an illegal drug smuggler on the border. They were convicted, and are now serving time in federal prison.

And Ignacio Ramos' family says that, when AMW ran their story on February 3, 2007, a gang of illegal immigrants serving time with Agent Ramos recognized their fellow prisoner on television and beat him viciously. According to his family, they were shouting, "Kill the border patrol officer!" in Spanish as they pummeled him.

The case of Sheriff's Deputy Gilmer Hernandez will leave many wondering: what is truly going on at our border?

Politics At Play?

America's Most Wanted discovered that international pressure and politics may have influenced the prosecutions of the Texas lawmen.  Four days after the incident involving Deputy Hernandez, the Mexican consulate sent a letter to local enforcement officials in Texas.  This letter demanded the "crime" not remain unpunished.  Two days later, the same letter went to the FBI.

America's Most Wanted found out the U.S Attorney's office which decided to pursue this case is no stranger to controversy.  The U.S. Attorney for the Western District of Texas is the same one who prosecuted two Border Patrol Agents, Jose Compean and Ignacio "Nacho" Ramos, for shooting an illegal drug smuggler on the border. They were convicted.

Legal experts say that you don't often see the government of another country interested in seeing someone punished, but that the pressure could affect the actions of the justice department.  But, according to U.S. Attorney Johnny Sutton, they prosecute based on the facts, and politics don't come into play.  Regardless, some members of Congress are calling for an investigation regarding Mexico's role in pressuring the U.S. to file charges against "The Texas Three".  Meanwhile, activists are taking matters into their own hands.

Thousands Taking Action

Protesters on both sides of the debate got involved.  In Dothan, Ala., local radio station WTVY-FM launched a massive campaign called "Country Cares About Our Country".  The station urged listeners to simultaneously call the White House every day, demanding the pardon of the Texas lawmen.

On Saturday, February 10, 2007 members of activist groups Save Our State, the Minutemen, and the Crispus Attucks Brigade – named after the first person killed in the Boston Massacre of 1770 – organized a rally in Los Angeles, Calif. supporting "The Texas Three".  The event on Hollywood Boulevard also attracted heat from the other side of the issue: the group Act Now to Stop War & Racism (ANSWER) made an appearance with counterprotesters, wielding signs against the Border Patrol and in praise of the prosecution against the lawmen.

Surprisingly, on December 1, 2006, a jury convicted Hernandez of the crimes, and he was sentenced to 366 days in prison, including time served, far less than the prosecution had sought.  The judge in the case deviated from sentencing guidelines, which could have landed Gilmer in prison for up to a decade.

It was a bittersweet and emotional day in the courtroom, with one member of Gilmer's family passing out in the gallery.

After 10 long months in prison, Sheriff's Deputy Gilmer Hernandez returned to his hometown in October 2007, when Gilmer was given a key to the city of Rock Springs. As a convicted felon, he can no longer serve in law enforcement.

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