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Osvaldo Aldrete Davila appeared in the United States Federal Court House in El Paso Texas
by Michael Webster
Investigative Reporter
Osvaldo Aldrete Davila was escorted early Friday morning by two members of the Drug Enforcement Administration s El Paso office to federal court. The admitted drug smuggler, who was involved in a shooting with two El Paso Border Patrol agents convicted and sent to prison, was arrested Thursday night at the Zaragoza Bridge in El Paso. (Ruben R. Ramirez / El Paso Times)
Osvaldo Aldrete Davila, 27, appeared in federal court Friday on two counts of conspiracy and two counts of possession of marijuana with intent to distribute. Aldrete was not released on bond.
During court proceedings US prosecutors requested that Aldrete be held without bond, so U.S. District Judge Richard P. Mesa scheduled a hearing for next Wednesday to review the charges and decide on bond then. Friday, Aldrete was read his rights to remain silent and was offered a federal Public Defender to represent him. Judge Mesa also read him the charges against him and asked if he understood.
The alleged drug-related incidents occurred in the summer and fall of 2005, after Aldrete was shot during a botched drug-smuggling incident near Fabens in February 2005, after he was given immunity to testify against Border patrol agents Ignacio Ramos and Jose Alonso Compean, and before the trial
In the courtroom Friday, some family members and friends of the agents watched Aldrete's short initial appearance
Supporters of the two Border Patrol agents convicted of shooting Aldrete in 2005 said Friday that they do not want revenge but continue to seek justice.
According to news reports supporters of Ramos and Compean generally believe Aldrete lied during the agents' trial. "We're not a mean-spirited family. Were not here for revenge," We're not a mean-spirited family. Were not here for revenge," said Joe Loya, Ramos' father-in-law. "We're here to seek the truth."
Pam Faraone, a friend of the Loyas, said she has been following the case and praying for justice.
"I don't know if it will help the appeal," she said of Aldrete's arrest. "But it takes us one step closer to the truth."
Aldrete has hired a lawyer, but it was not immediately clear who that was.
If convicted, Aldrete faces a minimum mandatory sentence of five years in prison and up to 40 years.
After Aldrete's arrest Thursday morning at the Zaragoza Bridge, supporters of Ramos and Compean sent written statements to the press.
T.J. Bonner, president of the National Border Patrol Council, questioned why the U.S. attorney's office waited more than two years to indict Aldrete.
"The most logical explanation is that the prompt arrest of the drug smuggler would have destroyed U.S. Attorney Johnny Sutton's chances of successfully prosecuting the two Border Patrol agents. No jury in America would have believed the perjured testimony of a professional drug smuggler," Bonner wrote.
Sutton said Thursday that evidence against Aldrete wasn't sufficient until recently, and that Aldrete's crimes did not excuse those of Ramos and Compean U.S. Rep. Dana Rohrabacher, R-Calif., another supporter of Compean and Ramos, said Sutton should be "begging for forgiveness for taking the side of the drug smuggler," according to a written statement.
Ramos and Compean were convicted of violating Aldrete's civil rights when they shot him as he was running back to Mexico on Feb. 17, 2005, after abandoning a van loaded with drugs. The agents were also convicted of tampering with evidence for not reporting the shooting and because Compean picked up his shell casings. Ramos is serving 11 years in prison and Compean, 12 years. Their appeal is scheduled to be heard in about two weeks by the 5th Circuit Court of Appeals in New Orleans.
It isn't clear whether Aldrete's indictment will help Compean and Ramos, who claim to be innocent and whose supporters have made them a cause celebre.
Friday morning, Aldrete was walked from the county jail to the federal courthouse in Downtown El Paso, wearing a bulletproof vest.
Matthew Taylor, spokesman for the Drug Enforcement Administration in El Paso, said no specific threats have been made against Aldrete.
"We do it (use bulletproof vests) for high-profile people, strictly for his safety because of the notoriety of the case nationally," he said.
No protesters were in front of the courthouse Friday.
Sources:
National Border Patrol Council
Drug Enforcement Administration
U.S. Rep. Dana Rohrabacher
U.S. Attorney Johnny Sutton
US Border Patrol
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