16 Illegals sue Arizona Rancher for $32M

[StrangeSox]

http://www.washingtontimes.com/news/2009/f...rizona-rancher/

 

An Arizona man who has waged a 10-year campaign to stop a flood of illegal immigrants from crossing his property is being sued by 16 Mexican nationals who accuse him of conspiring to violate their civil rights when he stopped them at gunpoint on his ranch on the U.S.-Mexico border.

 

Roger Barnett, 64, began rounding up illegal immigrants in 1998 and turning them over to the U.S. Border Patrol, he said, after they destroyed his property, killed his calves and broke into his home.

 

His Cross Rail Ranch near Douglas, Ariz., is known by federal and county law enforcement authorities as "the avenue of choice" for immigrants seeking to enter the United States illegally.

 

Trial continues Monday in the federal lawsuit, which seeks $32 million in actual and punitive damages for civil rights violations, the infliction of emotional distress and other crimes. Also named are Mr. Barnett's wife, Barbara, his brother, Donald, and Larry Dever, sheriff in Cochise County, Ariz., where the Barnetts live. The civil trial is expected to continue until Friday.

 

The lawsuit is based on a March 7, 2004, incident in a dry wash on the 22,000-acre ranch, when he approached a group of illegal immigrants while carrying a gun and accompanied by a large dog.

 

Attorneys for the immigrants - five women and 11 men who were trying to cross illegally into the United States - have accused Mr. Barnett of holding the group captive at gunpoint, threatening to turn his dog loose on them and saying he would shoot anyone who tried to escape.

 

The immigrants are represented at trial by the Mexican American Legal Defense and Educational Fund (MALDEF), which also charged that Sheriff Dever did nothing to prevent Mr. Barnett from holding their clients at "gunpoint, yelling obscenities at them and kicking one of the women."

 

In the lawsuit, MALDEF said Mr. Barnett approached the group as the immigrants moved through his property, and that he was carrying a pistol and threatening them in English and Spanish. At one point, it said, Mr. Barnett's dog barked at several of the women and he yelled at them in Spanish, "My dog is hungry and he's hungry for buttocks."

 

The lawsuit said he then called his wife and two Border Patrol agents arrived at the site. It also said Mr. Barnett acknowledged that he had turned over 12,000 illegal immigrants to the Border Patrol since 1998.

 

In March, U.S. District Judge John Roll rejected a motion by Mr. Barnett to have the charges dropped, ruling there was sufficient evidence to allow the matter to be presented to a jury. Mr. Barnett's attorney, David Hardy, had argued that illegal immigrants did not have the same rights as U.S. citizens.

 

Mr. Barnett told The Washington Times in a 2002 interview that he began rounding up illegal immigrants after they started to vandalize his property, northeast of Douglas along Arizona Highway 80. He said the immigrants tore up water pumps, killed calves, destroyed fences and gates, stole trucks and broke into his home.

 

Some of his cattle died from ingesting the plastic bottles left behind by the immigrants, he said, adding that he installed a faucet on an 8,000-gallon water tank so the immigrants would stop damaging the tank to get water.

 

Mr. Barnett said some of the ranch´s established immigrant trails were littered with trash 10 inches deep, including human waste, used toilet paper, soiled diapers, cigarette packs, clothes, backpacks, empty 1-gallon water bottles, chewing-gum wrappers and aluminum foil - which supposedly is used to pack the drugs the immigrant smugglers give their "clients" to keep them running.

 

He said he carried a pistol during his searches for the immigrants and had a rifle in his truck "for protection" against immigrant and drug smugglers, who often are armed.

 

ASSOCIATED PRESS DEFENDANT: Roger Barnett said he had turned over 12,000 illegal immigrants to the Border Patrol since 1998.

 

A former Cochise County sheriff´s deputy who later was successful in the towing and propane business, Mr. Barnett spent $30,000 on electronic sensors, which he has hidden along established trails on his ranch. He searches the ranch for illegal immigrants in a pickup truck, dressed in a green shirt and camouflage hat, with his handgun and rifle, high-powered binoculars and a walkie-talkie.

 

His sprawling ranch became an illegal-immigration highway when the Border Patrol diverted its attention to several border towns in an effort to take control of the established ports of entry. That effort moved the illegal immigrants to the remote areas of the border, including the Cross Rail Ranch.

 

"This is my land. I´m the victim here," Mr. Barnett said. "When someone´s home and loved ones are in jeopardy and the government seemingly can´t do anything about it, I feel justified in taking matters into my own hands. And I always watch my back."

[bmags]

"My dog is hungry and he's hungry for buttocks."

 

hmm, that didn't get lost in translation.

[EvilMonkey]

I hope the rancher countersues the Mexican American Legal Defense and Educational Fund for his legal bills and for anthing else that they can make up, including cleanup costs for any trash they may have left or repair of anything that they may have broken. They were illegaly in this country on his land he did nothing wrong. And $32 million for ACTUAL and punitive damages? I wonder what they think the actual damages were?

[Texsox]

God I hope they lose. You have to be able to protect your property. I know there is a line somewhere, but when someone is breaking the law, I give the person being broken on, a huge benefit of the doubt.

 

Now if he started hunting them like deer and shooting, I'd have a different opinion. But making a citizens arrest seems within reason.

 

And just to expose myself as a potential hypocrite in all this, I have been camping along the border and have had hikers come by in need of food and water, which I did provide. Perhaps they may have been illegals, perhaps not. I don't see any reason for someone to die for lack of water.

[lostfan]

God I hope they lose. You have to be able to protect your property. I know there is a line somewhere, but when someone is breaking the law, I give the person being broken on, a huge benefit of the doubt.

 

Now if he started hunting them like deer and shooting, I'd have a different opinion. But making a citizens arrest seems within reason.

 

And just to expose myself as a potential hypocrite in all this, I have been camping along the border and have had hikers come by in need of food and water, which I did provide. Perhaps they may have been illegals, perhaps not. I don't see any reason for someone to die for lack of water.

That's not being a hypocrite, that's just a basic human rights thing.

[lostfan]

I hope the rancher countersues the Mexican American Legal Defense and Educational Fund for his legal bills and for anthing else that they can make up, including cleanup costs for any trash they may have left or repair of anything that they may have broken. They were illegaly in this country on his land he did nothing wrong. And $32 million for ACTUAL and punitive damages? I wonder what they think the actual damages were?

When it comes to his property, as long as he didn't do something outright criminal to them, I can't get behind these guys. I could see if he was shooting them just for fun, revenge, whatever but it looks to me like he was just tired of these people being on his property, which he has every right to be.

[Texsox]

I hope the rancher countersues the Mexican American Legal Defense and Educational Fund for his legal bills and for anthing else that they can make up, including cleanup costs for any trash they may have left or repair of anything that they may have broken. They were illegaly in this country on his land he did nothing wrong. And $32 million for ACTUAL and punitive damages? I wonder what they think the actual damages were?

 

I hope we never have a society where people were afraid to exercise their right to access our legal system. There is no proof these were the same people that did any damage to his property, so he can sue all he wants.

 

The danger here is how can you tell if someone is an illegal or not? Maybe some people have this amazing ability to look at someone and know, but I've never been able to develop that. I do a lot of camping on the border, most of my friends are Hispanic. I could easily see myself running onto someone like this.

 

Perhaps it would be fun for some people to sit on their front porch and pull a gun and dog on anyone who dares steps on their front lawn. There is a point when something could be wrong. We'll see how this plays out. What I always feared was these guys basically hunting down humans like animals and killing them. Hopefully cases like this will help establish a line that should not be crossed.

[whitesoxfan101]

How can they claim a violation of civil rights? They aren't even American citizens. That makes no sense to me at all.

[GoSox05]

He kicked one of the women?

[lostfan]

How can they claim a violation of civil rights? They aren't even American citizens. That makes no sense to me at all.

Maybe it should say human rights.

[StrangeSox]

How can they claim a violation of civil rights? They aren't even American citizens. That makes no sense to me at all.

 

Non-citizens on US soil, even those here illegally, still have civil rights. They're subject to the same laws as you and I.

[Texsox]

How can they claim a violation of civil rights? They aren't even American citizens. That makes no sense to me at all.

 

Not certain, but I assume you can't just kill an illegal, you probably can't rob an illegal, so there is some understanding of human decency.

 

What is troubling in the article is after the Sheriff arrived, the guy was allowed (according to the article) to kick one of the people and continued to point his rifle at them. That seems wrong. Once the Sheriff arrives, he should have put down his weapon and gotten out of the way.

 

Also, it would be very rare that drug smugglers and illegals are using the same area.

[EvilMonkey]

I hope we never have a society where people were afraid to exercise their right to access our legal system. There is no proof these were the same people that did any damage to his property, so he can sue all he wants.

 

The danger here is how can you tell if someone is an illegal or not? Maybe some people have this amazing ability to look at someone and know, but I've never been able to develop that. I do a lot of camping on the border, most of my friends are Hispanic. I could easily see myself running onto someone like this.

 

Perhaps it would be fun for some people to sit on their front porch and pull a gun and dog on anyone who dares steps on their front lawn. There is a point when something could be wrong. We'll see how this plays out. What I always feared was these guys basically hunting down humans like animals and killing them. Hopefully cases like this will help establish a line that should not be crossed.

But we also have the opposite Tex, where people are afraid to speak up for fear of being sued. Maybe the rancher next door thinks twice before reporting on the 50 Mexicans running across his back 40 for fear of being sued for violating their civil rights to steal healthcare and other public services from Americans. You already have that now where people who speak up about things that may be wrong on airplanes being sued for violating someones 'rights'.

[Texsox]

But we also have the opposite Tex, where people are afraid to speak up for fear of being sued. Maybe the rancher next door thinks twice before reporting on the 50 Mexicans running across his back 40 for fear of being sued for violating their civil rights to steal healthcare and other public services from Americans. You already have that now where people who speak up about things that may be wrong on airplanes being sued for violating someones 'rights'.

 

I agree. Which is why I would not want to see a retaliation suite brought against the Mexican nationals. Then we go back to frontier justice and survival of the fittest.

[EvilMonkey]

I agree. Which is why I would not want to see a retaliation suite brought against the Mexican nationals. Then we go back to frontier justice and survival of the fittest.

Then what is the proper response for frivolous lawsuits? I still believe that the group representing them should be sued for at least court costs, even if the case ends up being dropped or dismissed.

[longshot7]

I can't believe anyone could side with these nutcases (the illegals, that is). Thank god we have guys like this and people like the Minutemen doing the job the Border Patrol is supposed to be doing.

[Soxbadger]

How can the lawsuit be frivolous if the Judge didnt dismiss it?

 

And the land owner could sue for:

 

Damage to property, trespass.

 

 

[jasonxctf]

ive had this argument with my relatives all day.

 

at the end of the day, the law is pretty clear, you can't point a firearm at an individual (legal or illegal) unless you in immediate danger.

[NorthSideSox72]

I hope this gets laughed out of court by the jury.

 

Also, I don't understand how people who were in the country illegally have any standing in a US civil trial for their civilian rights. Makes no sense to me.

 

[Cknolls]

How can the lawsuit be frivolous if the Judge didnt dismiss it?

 

And the land owner could sue for:

 

Damage to property, trespass.

 

 

Crazy liberal judges.

[jasonxctf]

I hope this gets laughed out of court by the jury.

 

Also, I don't understand how people who were in the country illegally have any standing in a US civil trial for their civilian rights. Makes no sense to me.

 

out of curiousity and maybe someone here knows.. how do the laws protect individuals in similar situations such as being in the US on a student visa or vacationing from another country and this happens? So again, non US citizens.

[NorthSideSox72]

out of curiousity and maybe someone here knows.. how do the laws protect individuals in similar situations such as being in the US on a student visa or vacationing from another country and this happens? So again, non US citizens.

There are some protections, but they are criminal protections, as I understood it. And not the say as a citizen. An illegal would be different anyway. But I do not know the details of the differences.

 

[BearSox]

ive had this argument with my relatives all day.

 

at the end of the day, the law is pretty clear, you can't point a firearm at an individual (legal or illegal) unless you in immediate danger.

That can't be right, and besides the law must be different for each state. And besides, wouldn't you say when you are outnumbered 16-1 by trespassers on your own property, you're in some immediate danger.

 

Oh well, with how stupid juries are and how liberal judges are, I could easily see this guy lose the case.

[farmteam]

out of curiousity and maybe someone here knows.. how do the laws protect individuals in similar situations such as being in the US on a student visa or vacationing from another country and this happens? So again, non US citizens.

'

Not really sure. Any criminal act against them I think wouldn't be discounted on the fact they are not a citizen (since criminal acts are crimes against society, and society is technically the one taking the action against the defendant by bringing the case through the state), but perhaps by something else, I'm not really familiar with it. As for civil cases, I'd assume they couldn't bring one, but if they would be able to be named as defendants in a civil suit.

[Texsox]

First of all, let's put this situation in your neighborhood instead of mine. If your neighborhood is 90% white, have the illegals be white as well.

 

You have guy that sits in your neighborhood with a rifle and handgun ready to point it at anyone on his front lawn. His dog is menacing and he threatens to have the dog attack anyone, man, woman, or child, that steps on his lawn. Then he stops your neighbor, and while the sheriff is standing there, kicks the woman and continues to hold everyone at rifle point. Most stretches of the border are 80% or greater people of Hispanic origins. Those are often times US Citizens that are harassed by some of these guys. Would you want rifles pointed at you?

 

This time they happened to be illegals. But soon, there will be a bloodbath out there. Cases like this, help to define the lines that will be drawn.

 

The Border Patrol is doing the best job they can. But again, let's look at your neighborhood. How about armed men roaming the streets of Downers Grove detaining every white person they see? Every once in a while they catch a criminal, is that justification to have them pointing rifles and handguns, threatening with attack dogs, and kicking women?

 

I don't know what y'all think the border looks like. For most of us it is our backyard.

 

And another great border wall update. Twenty water districts will be bisected by the wall. Each of them need access to the river. So there will be gates all up and down the wall so the communities can continue to have water.

 

All this to stop humans from working minimum wage jobs we want to save for Americans to work for the foreign born Doctors etc. This is so f***ed up.