AZ Rancher sued for detaining illegal border crossers.

CollinR

Senior Member
Simply unbelievable IMO.

http://www.washingtontimes.com/news/2009/f...rizona-rancher/

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.


ASSOCIATED PRESS DEFENDANT: Roger Barnett said he had turned over 12,000 illegal immigrants to the Border Patrol since 1998.

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."
 
That is crazy. If someone is trustpassing on your property and engaging in illegal activity, you should have the right to detain them until the police get there.

It's amazing that the judge didn't throw it out, but hopefully a jury will see just how stupid this is and find the owner not guilty.
 
i don't think you are allowed to detain people, even on your own property, but in an ironic twist, in some states, wouldn't you be able to shoot them due to a castle clause of some sort?
 
i don't think you are allowed to detain people, even on your own property, but in an ironic twist, in some states, wouldn't you be able to shoot them due to a castle clause of some sort?

You can place someone under citizens arrest in most states.

Being from TX I believe you can use deadly force to protect your property, rather then castle it's often called "make my day" law. Living in OK you can use deadly force to protect your life. In most cases this only applies to invasions of the home not trespasing.
 
I'm not positive but I think you are allowed to detain them until police show up. It's called citizens arrest. In fact here is some information on it.

http://www.wikihow.com/Make-a-Citizen's-Arrest

In many countries around the world, civilians are empowered to stop a perpetrator in the act of a serious crime and take the arrested to a courthouse or police station, or keep them from leaving until an officer of the law arrives. The conditions under which this is permitted vary from place to place, but in case you are ever in a situation where you can stop a criminal, you should know what your options are.
 
There is only one solution to the problems in AZ, and I implemented it when I moved my family to PA. Ask me how much happier and secure I feel now.
 
There is only one solution to the problems in AZ, and I implemented it when I moved my family to PA. Ask me how much happier and secure I feel now.

What will the witness protection program do without you? :lol:

Seriously tho - I too relocated from AZ just a little under 2 years ago. It was a work move, but the real benefit was getting out of dodge!
 
Considering they trespassed on his propety and he didnt physically hurt them i don't see where they went wrong. He should just put a a small fence up (to keep the dogs in) and get a whole bunch of nasty dogs. That should do the trick...

Some say this would raise the price of construction/burgers/cleaning/etc, but i don't see why if they people want to come here and work we cannot let the needed amount in through the front door, let them earn their money and then leave again....
 
I'm certainly in the minority, but who cares if they walked across his land? They won't hurt him, or his family.

They're just trespassing. "Get off my lawn!"

I don't think you should kill somebody for throwing trash on your property, 'killing your calves with plastic bottles', vandalism, or stealing water.

All the illegal immigrants I've met have been as kind as can be. Huge number of them here, but certainly not as many as at the border.

What if you were Mexican? I bet you'd come to the U.S., to provide better for your family.

But he didn't kill anyone, did he? The lawsuit is pretty ridiculous.

I try to see both sides. Rarely is one side completely right.

My 2 cents.
 
Back
Top