Hot Air Mobile
Home The Vault Gear About
Hot Air -- get your fill


Illegals sue Arizona rancher for holding them at gunpoint on his property

posted at 5:50 pm on February 9, 2009 by Allahpundit
Share on Facebook | printer-friendly

Who’s more eager to see the rancher win this case? The conservative grassroots or the feds, given the media migraine they’re going to suffer if this guy lands on the hook for $32 million?

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.”

“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.”

He’s caught 12,000 illegals over the past 10 years, due in part to the security vacuum created when the Border Patrol redeployed out of his area to border towns. If only the stimulus bill wasn’t so well thought out and efficient, we could have directed a billion or two of that trillion to beefing up security and hiring new BP agents. I guess that’s the price we pay for perfection. Exit question one: Any lawyers want to advance a theory by which Barnett joins ICE as a party to the suit for negligence in failing to protect his property from illegals? Unlike most of America, he clearly has standing; read the piece and see how much damage has been done to his ranch. I’m guessing that constitutional claims are a nonstarter thanks to DeShaney v. Winnebago and that the Federal Tort Claims Act is only marginally more promising, since he’d have to argue that protecting his land isn’t a “discretionary” duty and that the BP failed to “exercise due care” in redeploying. Even if the suit’s a sure loser, though, it’s worth making the claim for the PR value alone. Exit question two: Is there really a jury anywhere in America east of California and west of New York willing to find this guy liable?


Blowback

Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.

Trackbacks/Pings

Trackback URL

Comments

Comment pages: 1 2

I love this country, BUT… America is becoming an embarrassment. We seem to have no leaders with cajones. Our congressmen and senators seem to be there only for their own enrichment and will rock no boat and shake no tree without first insuring that it will do them no political harm.

Sadly, I think the time for using weapons is rapidly approaching. The government is turning it’s back as America is raped.

Ernest on February 10, 2009 at 12:20 PM

What in the $#@! are We the People going to do about this?!!! And I don’t mean just this! I mean the general attitude that we are not allowed to defend our persons, our property, or our borders without being considered criminals, while the criminals are considered victims?

This should be all over the news. All over it! All the networks, all the newspapers. But it won’t be, because the general sentiment of the population won’t fit the Progressive agenda.

I hate to say this because I loathe conspiracy theories, but I can’t shake the idea that someone caught wind of his catching 12,000 illegals over the last 10 years and set him up to make an example of him.

I am STEAMED!!! And that is precisely WHY this is NOT all over the news, IMHO.

Ernest just may be right.

philmon on February 10, 2009 at 8:31 PM

Everyone could send a buck to Roger Barnett of the Cross Rail Ranch near Nogales, AZ. The Border Patrol needs to patrol the border or defend those who do so within the rights defending property ownership. The State of AZ needs to respect their responsibility to PROTECT and honor the rights of private property owners.

Kidnapping of Americans by Mexicans is soaring where Barnett lives. When sensing a threat to life or property, the TX Castle Law protects property owners who act in self defense against trespassers.

The ONLY way anyone could portray Roger Barnett a “vigilante” would require displacing him from his own property. [Nuance: "sever digestive difficulties" aka DEATH of livestock due to trespasser behavioral patterns.] But is this Cross Rail Ranch land leased? If leased from the State of AZ for ranching, is it HIS ranch that he has every Constitutional right to protect as with owners of personal property?

Bisbee, AZ-Over the past week, one of the most important trials about border vigilantism has unfolded in the small canyon town of Bisbee, Arizona. On one side of the courtroom sits two Mexican-American Douglas, Arizona families; on the other side, Roger Barnett and his wife, a local businessman and rancher, who boast of detaining more than 10,000 migrants in the Arizona desert.

The civil trial, brought by the Morales and English families against Roger Barnett for an October 30, 2004 incident during which three little girls, a father and grandfather were threatened by Barnett at the point of a chambered AR-15 assault rifle at the conclusion of a important right-of-passage: Vanese Morales’ first hunting trip in the Douglas hills. The lawsuit charges Barnett, considered by many as the grandfather of border vigilantes, with intentional infliction of emotional distress, false imprisonment, assault and negligence.

Ron Morales, father of Vanese and Angelique who were eleven and nine, respectively, at the time of the incident, explained the long list of things the family did to seek justice prior to and after filing the civil suit. He reported calling the Cochise County Sheriff’s and Attorney’s office to find out the status of the case until the latter simply stopped returning their calls. They wrote letters to their Congressmen. They met with the State Land Department to question Barnett’s use of leased state trust lands for vigilante activities.

Ed English, father of Emma English who was eleven at the time of the incident and accompanied her two friends on the trip, even took part in an event presenting Cochise County Attorney Ed Rheinheimer with a “Grinch of the Year” award for failing to uphold the law and bring criminal charges against Barnett.

Over the past four days of the trial, powerful and emotional testimony was presented by the three children and their parents and grandfather. Arturo Morales, the grandfather, trembled as he recounted his horror at seeing the girls terrified and his inability to soothe them.

Dr. Jorge Barillas conducted a psychological assessment of each girl and their parents. He testified that he diagnosed all three girls with Post-Traumatic Stress Disorder. During their testimonies, all three girls talked about fears, nightmares and anxiety about being seen and shot by Barnett.

Though residents of Bisbee, to clarify the story, were the Morales’ legal residents of the USA? And why were they camping or hunting on someone’s property without permission? Evidently, this “right-of-passage” Morales family hunting trip was on Barnett’s ranch. And as hunters, the Morales’ had guns on Barnett’s ranch. Leased or not, without permission to be there, IF ON BARNETT’S RANCH, the Morales hunting trip was a gross infraction against Barnett’s property rights. None the less, Barnett needs to clarify WTF he was doing, going to such extremes as the story accuses him of kidnapping them. Were they “hunting” his cattle? Poaching is a huge problem.

maverick muse on February 18, 2009 at 12:56 PM

Morales, residents of Douglas (not Bisbee) family in AZ

maverick muse on February 18, 2009 at 1:02 PM

Comment pages: 1 2


You must be logged in to post a comment.