VINDICATION !!!

[Kennedy 0]

Is it mean to say "I told you so?"

http://worldnetdaily.com/news/article.asp?ARTICLE_ID=43922

Quote

INVASION USA
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 had 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 citizen's 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."

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[Kennedy 0]

another story

http://www.azcentral.com/arizonarepublic/news/articles/0422haab22.html

Quote

No charges against migrant-holding reservist
Prosecutor: Action legal

No criminal charges will be filed against an Army reservist who held seven undocumented immigrants at gunpoint this month at an Arizona rest stop.

Maricopa County Attorney Andrew Thomas said Thursday that Sgt. Patrick Haab had the legal right to make a citizen's arrest because the man smuggling the immigrants into the country was committing a felony and the immigrants themselves were conspiring with the "coyote."

Arizona law allows a private citizen to make a legal arrest if a felony has been committed and the citizen believes that the person he is arresting committed the felony.

"I do not want the message to go out that people can start rounding up illegal immigrants whether or not they think they're here legally, whether or not they know all the facts," Thomas said. "This is a very unusual case with a narrow set of facts and very unusual circumstances that allow Mr. Haab to avoid prosecution."

The 24-year-old Haab was arrested April 10 by the Maricopa County Sheriff's Office on seven counts of aggravated assault with a deadly weapon and spent four nights in jail. He said Thursday that he was "grateful" for the outcome.

"It's finally over," Haab said at a news conference at his Tempe lawyer's office at which he defended his actions and thanked supporters. "When the truth got out, it was a winner."

Haab has repeatedly said that he was not attempting to make a political statement when he drew a pistol on the immigrants. But his arrest came as various civilian groups embark on self-described border-patrol missions along the Arizona-Mexico line to target undocumented individuals and help stop illegal immigration.

Members of those groups praised the decision not to prosecute.

Chris Simcox, an organizer for the Minuteman Project, a civilian patrol group based in southeastern Arizona, said the decision to drop charges against Haab is "fantastic" news and an affirmation of the Second Amendment right to bear arms. "I think it has more to do with the right to defend yourself in a situation than it does with illegal immigration," Simcox said.

But Latino advocates reacted with outrage and concern, saying Thomas' decision was political and could lead to vigilante actions against immigrants and Hispanic residents.

"Dropping charges is going to justify more ignorant actions like that of Patrick Haab," said George Diaz, a Phoenix activist.

Thomas said his decision not to prosecute was based on Haab's call from the rest stop.

"If you would review the 911 tape, that is the best evidence of his state of mind at the time . . . and it was clear to me and to other members of this office in listening to the 911 tape that Mr. Haab did this to effect a citizen's arrest."

Still, he disapproved of Haab's method.

"It's frankly a lot better just to use your cellphone," he said. Haab has said he did not know the men were undocumented immigrants. He said he drew his pistol because he feared for his life when seven men rushed out of the darkness at a rest stop on Interstate 8, where he had stopped to relieve his dog.

Haab said he was clearly justified in pulling his gun that evening. But he gave several reasons as to exactly why he pursued the men to their vehicle, ordered them out at gunpoint and then detained them for authorities. His explanation included a claim that he still viewed them as assailants, that he was following his dog and that he realized they were undocumented immigrants who should be taken into custody.

After his arrest, Haab created a Web site and a fund for his defense. He appeared on national television and syndicated radio programs and became a sort of celebrity on some Internet venues, especially conservative sites.

Haab acknowledged that he wrote an e-mail to supporters expressing alarm that undocumented border-crossers are transforming the United States into "Americo," a mixture of America and Mexico. However, he stressed that he is not a bigot and has no problem with lawful immigrants.



Defense attorney David Cantor had written a letter to Thomas arguing that Haab was justified in detaining the men because they were involved in criminal activities, one as a human smuggler and the others as illegal border-crossers. All those who were detained now face charges in federal court.

"He's a military man," Cantor added, noting that Haab has service decorations from Kosovo and the war on terrorism.

Sheriff Joe Arpaio said Thursday that he stands by his deputy and the decision to arrest Haab.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[rushmc 23]

DAM STRAIGHT!!

It is as it should be!!

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[kallend 2,114]

Just curious - can a legal alien make a "citizen's arrest"?

...

The only sure way to survive a canopy collision is not to have one.

[Kennedy 0]

Depends on the state (and the country). I believe in California even illegals can do it...


Yup.
http://en.wikipedia.org/wiki/Citizen's_arrest

In Finland... well, just let me quote it

Quote

Citizen’s arrest

The apprehension of offenders is a duty primarily left to the police. However, since the police are not always immediately available at the crime scene, a citizen's arrest may have to be made. The provisions on citizen's arrests laid down in the Coercive Measures Act allow a private citizen to apprehend an offender under certain conditions.

Anyone has the right to apprehend an offender caught in the act or escaping from the scene of a crime if the offence is punishable by imprisonment or if it is a petty assault, petty theft, petty embezzlement, petty unauthorized use, petty vandalism or petty fraud. A wanted person can also be apprehended.

Apprehended persons must be handed over to the police without delay.

Private citizens should not, however, exercise their right to make a citizen's arrest if it would endanger their own safety or that of others.

http://www.poliisi.fi/poliisi/home.nsf/0/0945F4D5B96A5AECC2256C3700392387?opendocument

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[DrunkMonkey 0]

Quote

But Latino advocates reacted with outrage and concern, saying Thomas' decision was political and could lead to vigilante actions against immigrants and Hispanic residents.

So if you're Latino, you should be allowed to break US immigration law? That's what I got from this excerpt...

[littlestranger 0]

I wonder if this will have an affect on the behavior of the minuteman project volunteers. They should be outta there by the end of April, right?

[Botellines 0]

I have an idea to stop the illegal inmigration flow.

Make the employers pay a fine if they give jobs to illegal inmigrants so inmensely huge that they will not want to risk his business hiring illegaly.

Naaah, forget it, that would decrease benefits for bussiness and shareholders. Let´s stick with project that we know don´t work like minuteman project.

[kallend 2,114]

Quote

I have an idea to stop the illegal inmigration flow.

Make the employers pay a fine if they give jobs to illegal inmigrants so inmensely huge that they will not want to risk his business hiring illegaly.

Naaah, forget it, that would decrease benefits for bussiness and shareholders. Let´s stick with project that we know don´t work like minuteman project.

It has been suggested many times over many years, and rejected for the reason you describe.

...

The only sure way to survive a canopy collision is not to have one.

[Gravitymaster 0]

Quote

Quote

I have an idea to stop the illegal inmigration flow.

Make the employers pay a fine if they give jobs to illegal inmigrants so inmensely huge that they will not want to risk his business hiring illegaly.

Naaah, forget it, that would decrease benefits for bussiness and shareholders. Let´s stick with project that we know don´t work like minuteman project.

It has been suggested many times over many years, and rejected for the reason you describe.

Unless you want to pay $10.00 for a head of lettuce and $20.00 per pound of grapes, this isn't a good solution. The better solution would be to find a way to enact a "guest worker" program where migrants from Mexico would be given a temporary visa after security checks to verify who they are.

[Kennedy 0]

Gee, there's an idea. Update and work with the system we have
(rather than go with those outlandish ideas like "fine him $1,000,000 if he hires them).

If we really need them, let's find a way for them to be legal. Then it would be even easier to crack down on ilelgals.

Intead of this hypocritical BS about amnesties and open borders and shady deals, we could have a system that allows the immigration we want or need, without going overboard either way.

Or we could take kallend's approach and just keep posting more crap about "Shrub vs the Dims" and "Slick Willy vs the Cons."

Doesn't anyone else get sick of the idiotic "strawman" posts?

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[Gravitymaster 0]

Quote

Doesn't anyone else get sick of the idiotic "strawman" posts?

Not the Crows.

[Kennedy 0]

http://www.wilmingtonstar.com/apps/pbcs.dll/article?AID=/20050428/APA/504280924&cachetime=5

Quote

Civil Rights Review Sought in Detention

A federal prosecutor asked the Justice Department to check for possible civil rights violations by an Army reservist who held seven undocumented immigrants at gunpoint at a rural rest stop last month.

U.S. Attorney Paul Charlton said he made the request after an initial review of the case found no federal laws that applied to the case.

The Maricopa County Attorney's Office decided last week not to prosecute Sgt. Patrick Haab in the April 10 incident off Interstate 8 in Sentinel, about 60 miles north of the Mexican border.

Haab, 24, who is assigned to the 415th Civil Affairs Battalion from Kalamazoo, Mich., says he acted in self-defense. He said he drew a revolver that he was wearing legally to stop six men who were rushing him, then ordered them and a seventh man from a vehicle to lie face down on the ground.

Haab was arrested on seven counts of aggravated assault with a deadly weapon. Maricopa County Attorney Andrew Thomas decided against prosecuting Haab, based on a state law that lets a citizen make an arrest when a felony has been committed.

Charlton said Wednesday that Haab had endangered everyone involved.

"Mr. Haab's actions risked the lives of the illegal aliens he detained," Charlton said. "He risked his own life, and had law enforcement officers come upon that scene not knowing what was happening, he could have risked everyone's life."

Haab said he was not worried about federal prosecution. "I know I was completely in the right," he said.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[RMK 3]

Maybe we should follow-up on some of the inane ramblings here on Speaker Corners.

Here's one of Kennedy and RushMC praising these "patriots". Yet today, we see the group's leader convicted of sexually molesting a 5yr old girl:

http://www.huffingtonpost.com/entry/border-militia-child-molestation-arizona_us_57597f15e4b0e39a28acb1ae

I'd be a little more discerning in choosing my heros

"Pain is the best instructor, but no one wants to attend his classes"

[normiss 868]

This comment:

"Debra Moore
Gee, a white man? And a militia dude, too? Sheesh, bet he gets into any bathroom he wants."

[rushmc 23]

RMK

Maybe we should follow-up on some of the inane ramblings here on Speaker Corners.

Here's one of Kennedy and RushMC praising these "patriots". Yet today, we see the group's leader convicted of sexually molesting a 5yr old girl:

http://www.huffingtonpost.com/entry/border-militia-child-molestation-arizona_us_57597f15e4b0e39a28acb1ae

I'd be a little more discerning in choosing my heros

you guys post these claims thinking you got something.

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln