INVASION USAA legal citizen's arrest - Arizona county rulesFri Apr 22, 2005 02:48184.108.40.206
No charges for soldier who held aliens
Arizona county rules act legal citizen's arrest
Posted: April 21, 2005
8:48 p.m. Eastern
The Army reservist who was jailed for holding seven illegal aliens at gunpoint until Maricopa County, Arizona, sheriff's deputies arrived will not be prosecuted as the action was determined to be a legal citizen's arrest.
County Attorney Andrew Thomas announced his decision today that Sgt. Patrick Haab did not commit a crime. He has been charged with seven counts of aggravated assault.
"This is a unique case with a very unique set of circumstances, and after a full analysis of the issues involved and the applicable law, prosecution is not appropriate," said Thomas.
Haab said he was acting in self-defense.
Arizona law conveys the legal right to make a citizen's arrest if a felony is being committed in the his presence or a felony has been committed and the citizen has reasonable grounds to be believe the subject has committed it.
Thomas pointed out that one of the individuals arrested by Haab, has been charged by the U.S. Attorney's Office with engaging in human smuggling. The other six engaged in felony conduct by conspiring with the alleged "coyote."
The Mexican aliens gave differing accounts of the April 10 incident. While all seven said they were held at gunpoint and ordered facedown to the ground, their stories about what happened earlier conflict.
"They seem to be all over the place," said David Cantor, defense attorney for Haab, who is stationed Kalamazoo, Mich.
Some said Haab, who served two tours in Iraq, took the keys from the Chevy Suburban in which they were sitting, while others said another man Haab summoned took the keys.
One of the immigrants said a second man, whom authorities are still trying to find, pointed a gun Haab gave him at the group.
Haab was released from jail Thursday night on $10,000 cash bond.
Haab told authorities that he drew a pistol to stop a group of men from rushing him at an Interstate 8 rest stop. The men later were determined to be illegal aliens from Mexico.
Haab is from New Paris, Ind., and is assigned to the Army's 415th Civil Affairs Battalion from Kalamazoo, Mich. He currently lives in the Phoenix area suburb of Mesa.
Thomas pointed out that the force used to make a citizen's arrest must be reasonable under the circumstances. The illegal aliens were running and had access to a vehicle, he said. Haab's use of a firearm was determined to be in accordance with applicable Arizona law.
"This is not a green light to intimidate, threaten or detain anyone merely suspected of being in this country illegally," said Thomas. "Mere presence in the U.S. illegally is a crime, but not in itself a felony, so other factors must be present in order to justify a citizen's arrest.
In this case, the other factor was the human smuggling."
Arizona county rules act legal citizen's arrest
WorldNetDaily, OR - 4 hours ago
... at gunpoint until Maricopa County, Arizona, sheriff's deputies arrived will not be prosecuted as the action was determined to be a legal citizen's arrest. ...
Army reservist who held migrants at gunpoint won't be prosecuted Detroit Free Press
Reservist who held migrants at gunpoint won't be prosecuted AZ Central.com
Army reservist who held migrants at gunpoint won't be prosecuted WOOD-TV
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TUCSON, Ariz. - The organizers of a group of volunteers patrolling the Mexican border for illegal immigrants are declaring the Minuteman Project a success ...
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Minuteman Project act of patriotism
Published: Wednesday, Apr. 20, 2005
The Department of Homeland Security conducted a simulated terrorism drill recently in Connecticut and New Jersey to assess the speed and effectiveness of law enforcement and emergency medical personnel.
Rep. Chris Cox, California Republican and chairman of the House Homeland Security Committee, said a major reason for the drill was to find our �weak spots.�
What does it say about our anti-terrorist efforts if we are now preparing for disasters in Connecticut and New Jersey instead of directing substantial efforts on our weakest spot: the borders?
The Bush Administration�s weakest spot is its refusal to stop illegal aliens (not �undocumented workers� in the politically correct lingo that seeks to pull the wool over our eyes) from invading our nation.
Numerous officials have said that another terrorist attack is not a matter of if, but when. Among those working for low wages in fields, restaurant kitchens and other venues are radical Islamic terrorists whose sole purpose is to kill Americans and weaken our economy.
They have said so and continue to say so in their schools and mosques on American soil and in similar venues around the world.
In the face of this, we get nothing but meaningless mumbo jumbo from defenders of illegal immigration, who ask us to look at how much these lawbreakers are contributing to Social Security.
A group of citizens concerned about our porous borders has gathered along the Arizona-Mexico border to assist the understaffed Border Patrol in locating illegal aliens.
Instead of praising this peaceful assembly, President Bush has called them �vigilantes.� They are no such thing.
The members of the Minuteman Project are citizens of this country who want to preserve what they have come to love about America. They believe open borders are destructive and illegal immigration is a threat to the security and character of the nation.
Illegal immigration is also costing taxpayers a lot of money. According to the Center for Immigration Studies, welfare payments, including food stamps, paid to illegal immigrants in Arizona cost $4,698,000, just in 2001.
Sen. Jon Kyle, Arizona Republican, asked the Arizona Hospital and Healthcare Association how much illegal aliens cost state taxpayers.
The answer he received was $31 million in just one year. Lawbreakers get free medical care, which taxpayers subsidize, placing a further burden on our health care system.
The Federation for American Immigration Reform examined data related to the cost impact of illegal aliens in California. It concluded that state taxpayers are paying $10.5 billion a year for education, medical care and incarceration.
Responding to the position that illegal aliens who work help subsidize the overburdened Social Security system, FAIR says even if their contributions are subtracted from what they cost taxpayers, net outlays still amount to $9 billion per year.
That breaks down to approximately $1,183 per California household headed by a native-born citizen. Is it fair that law-abiding American citizens subsidize law-breaking illegal immigrants?
The Minuteman Project is temporary. Though U.S. and Mexican authorities estimate the volunteers have reduced the flow of illegal immigrants by half, the citizen groups are expected to be gone next month and the areas where they have been patrolling will likely return to a virtual superhighway for lawbreakers.
Meanwhile, smugglers and individual trespassers have shifted their presence to less protected border areas.
Some politicians think the illegals will end up voting for them after they receive amnesty. But this is a fool�s bargain, especially if perpetrators of the next terrorist attack are found to have arrived by way of Mexico or Canada.
Multiply those fake �terrorist� attacks in New Jersey and Connecticut and consider what the real thing would look like. Then, ask yourself how our government will ever justify to the dead and injured why it was not more vigilant when it counted.
Direct mail for Cal Thomas to: Tribune Media Services, 2225 Kenmore Ave., Suite 114, Buffalo, N.Y. 14207. E-mail: http://www.calthomas.com
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