16 illegals sue Arizona rancher

[Sweater Cows!]

Originally found here

Story dated February 9 2009
Source:

http://www.washingtontimes.com/news/2009/feb/09/16-illegals-sue-ari...

16 illegals sue Arizona rancher

Claim violation of rights as they crossed his land

By Jerry Seper

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.

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."

[Sweater Cows!]

This is a year old article.


I will research to find the outcome.

I can't believe the judge did not dismiss this case. How the h311can the land owner be the one getting sued. No wonder our country is going down the tubes. Where are our rights, we are the people who live here. I sure as heck wouldn't think it okay to trespass on anyones property, especially if I was in their country illegally.

Just so I don't get called a racist my hubby is half Spanish so my daughter is one quarter

[Max]

It was a "mixed" decision. The rancher is to pay 4 of the women $73,000.

Mixed verdict for rancher in migrant case

[masonco]

Illegals have more rights that USA citizens trying to protect their property. It seems I heard recently he lost the battle here and illegals have the right to destroy his property.

Many of these illegals are from other countries using the smugglers out of Mexico.

[Dave]

It seems like I remember the illegals winning the case.. I could be wrong but it seems like I remember hearing that. Obviously the case even being allowed in court is a travesty... the dude never shot or killed anyone, was only protecting his land, property and family from people that can be plenty dangerous at times.

[AQUAMAN]

Seems like the Sheriff and Border Patrol want to do their legal and ethical duties, and help Mr. Barnett, in his continuing plight to protect and defend his own private property and family. So now the courts, in their infinite wisdom, deem this is no longer legal for the American property owner? Looks like they need a recall on Judge John Roll, and prefer criminal negligence charges on him, and sue him for his life earnings into the MIllions of $$$. I'm glad I'm not Barnett. What kind of legal system do we have here anymore in the USA? Warped imho!

[masonco]

Look at the border guards who were attacked by drug mafia and to please Mexico they were imprisoned. The guy that shot them first & they shot him back? He killed more people, he trafficked more drugs and illegals (children) for prostitution and is still free to travel into USA. USA apologized to Mexico for our guards being so "mean" to him and his bodyguards.

[AQUAMAN]

Simply amazing Masonco, and so feely-right on the USA's part. Sure would like to see any link on that one, if convenient sometime. It's a wonder we can get anyone hired at all to do border patrol, given these sets of circumstances to contend with. And no wonder why the immigration problems are escalating everyday. We are encouraging this to happen to ourselves. Thanks.

[masonco]

I don't have the information handy. Bush released them but did not pardon them when he left office. If memory serves me correct, the had been given awards previous to the incident. Awards for going above and beyond for something. I was one of those who signed many petitions for these guys and they brought around one million petitions to get them freed. The trafficker was involved in the bribery of Mexican government so that's why Mexico complained and those guys were found guilty of misusing firearms. They were imprisoned for protecting themselves.

The other thing many do not realize is that these illegal's come here, receive free health care and even welfare. Some even get free housing and free food.

[Willy]

coco
How did you arrive at the population figures for illegals? It's not fear that's bringing up this topic. It's the blatant law breaking and illegal actions by the illegal aliens. I hope your not comparing legal immigrants from other countries to law breaking illegals.

[masonco]

I too heard that the numbers have declined because there is less work available in the landscaping and construction businesses where many of them find work at half the proper wages for the job.

BUT the drug and prostitution (of young kids) trafficking has increased into USA The Mexico drug lords have brought their torture and killing into this country..

[AQUAMAN]

What I'm explicitly referring to is the illegal non-visa type Hispanics that are and have been coming in droves everday across our southern state borders, such as California, Texas, Arizona, New Mexico, and even Florida. The last estimate the government had here was about 12-25 million people, that was about 2-3 years ago. I figure the actual amount by now is closer to 40 million actual total uncounted people. The government estimate is just that, a wild guess, based on their faulty information. Other factual info. by the gov. is as follows: 57% Mexican, 24% Latin/Central American, 9% Asian, 6% European, 4% other. Other stats include that 7 Million people from Mx. alone evade inspectors/border patrol yearly. In 2005 over $18 Billion in remittances was sent back to families in Mx., mostly from corruption and illegal drug sales. The major American companies employing illegals is Wal-Mart, Swift & Co., and Tyson Foods. Sanctuary cities have been created by our own government, and have been instructed that co. officials NOT notify or cooperate with INS in their jurisdiction. Sanctuary cities listed were LA, NYC, SF, Det., Phoenix, Baltimore, Minneapolis, Miami, Seattle, SLC, Chicago, and many others. I met a lady in Daytona Bch., Fl. about 4 years ago, from Yugoslavia I believe. She was being forced out of the US after about 14 years of visa attempts at getting citizenship without success. And yes, she had an immigration specialist attorney on her side, and worked legally too. Yet, her story is sad and undeniably wrong for the people trying to do it legally. The story this thread and another posted recently shows that we do have a serious problem, and it's not being attended to in sincerity by our lawmakers and patrols.

[AQUAMAN]

I think if someone wanted to start a new thread on Illegal Immigration, they would have quite a few replies. It is a touchy subject with some, but the bottom line is, we are at war with the Hispanic illegals, and our own government is silently and secretly supporting it. Obama is sure to ask for a new legislative bill on it before his term expires. Talk is, they want to let ALL the ILLEGALS get complete amnesty, and that is to get potential Dem. votes, not to protect the citizenry from additional corruption and job stealing with unreported/low wages.