Man who assaulted Border Patrol agent sentenced
By Jonathon Shacat
Published on Thursday, August 21, 2008
— A man who sprained the finger of a U.S. Border Patrol agent who shot
but did not kill his hound-mix dog in Bisbee Junction last year was
sentenced to six months of home detention during a hearing in federal
court on Wednesday.
Gil Nelson pleaded guilty to assaulting
Jeremy Poser, a federal officer, in a plea agreement in U.S. District
Court in Tucson on April 22. The incident took place on Nelson’s
property near the end of Box Turtle Lane on April 10, 2007.
defense attorney Matthew Green said his client is a peaceful man. He
said Nelson’s actions were understandable given the unusual and
extraordinary circumstances that occurred. He asked the judge to impose
one year of probation.
Assistant U.S. Attorney David Flannigan,
who prosecuted the case, said Nelson’s behavior was reprehensible and
there is no excuse for it. He said if Nelson wants to live along the
U.S.-Mexico border, he should be willing to deal with federal agents
who need to patrol the area. He said the term of probation should last
for three years.
Judge David Bury agreed there is no excuse for
Nelson’s actions. He said if someone hits a federal officer, he will
normally punish that person by sending him to prison. But in this
particular case, the judge made an exception to the rule due to
Nelson’s good character and the victim’s consent to the plea deal.
ordered that Nelson serve six months of home detention. He also placed
him on three years of probation, but the judge will entertain a motion
to terminate the probationary term early if the defendant is behaving
The judge also said Nelson should pay
restitution of $2,567. Green said that figure sounded too high for the
treatment of a sprained finger.
So, Bury said the order will be
effective in 60 days. The extra time will give the defense a chance to
review and approve the victim’s medical bills.
After Nelson was
arrested, he tested positive for using marijuana, but he has been
drug-free for more than a year, Green said. As a part of his punishment
for committing the assault, Nelson must submit to drug testing, limited
to not more than once per month, Bury said.
In the morning of the day of the incident, an agent responded to an activated sensor near the defendant’s property.
told him he was not happy with agents being on his property and
believed they were trespassing. Nelson also complained to a supervisory
agent at the Naco station.
That afternoon, the sensor went off again and Poser and two other agents responded, according to court records.
states in the factual basis listed in the plea agreement, “Officer
Poser was on duty, in uniform and responding to a traffic sensor in a
dry arroyo in the vicinity of my residence. My dog ran at Officer
Poser. Officer Poser felt threatened and shot my dog with his service
weapon. The dog ran home.”
“I came running out of the house
towards Officer Poser, yelling. I jumped on Officer Poser and attempted
to place him in a headlock with one arm and pulled back Officer Poser’s
left finger with the other arm. Officer Poser pepper sprayed me. I
grabbed Officer Poser’s hat and sunglasses that had fallen to the
ground and ran back inside my house,” he adds.
The other agents
arrived. Nelson came out of his house with a small jar of marijuana and
tried to conceal it in the tire of a disabled vehicle. Poser identified
Nelson and he was taken into custody. Later that day, agents found
seven bundles of marijuana weighing 160 pounds in the wash near the
defendant’s home, according to court documents. Nelson was not charged
with possession of marijuana.
Herald/Review reporter Jonathon Shacat can be reached at 515-4693 or by e-mail at email@example.com.
WE KNOW "The Rest of the Story" These officials are LYING, corrupt, Traitors. Agent POSER IS A KNOWN SMUGGLER & DRUG DEALER. He was CAUGHT in Tombstone, previously. He was mad because he lost his load. Real Justice is coming to the agents stealing their pay for being partners with smugglers, for the ongoing corrupt conduct this is but an example of…the situation is a betting man’s plum- there will be gunfights, ambushes, the taking of heads- mostly because these agents have already lost their minds, lost their heads, when it comes to Common Sense. Its just a matter of whom & when they will meet their makers- at the hands of locals, honest agents, or the cartel. Life expectancy for Border Patrol just went down drastically, didn’t it?! Go ahead and discharge your firearms in residential areas, Border Patrol- and see what happens as the citizens demonstrate just how tolerable your foolhardiness is.…NOT. Live by the gun, die by the gun. The ENEMY, the Terrorists, are the BORDER PATROL. If they had EVER DONE THEIR DUTY, there would not be a meth epidemic, literally chemical warfare, across America- the BLOOD IS ON BORDER PATROL HANDS- they are ultimately responsible for the FALL of our Nation. Many of us perceive them as TRAITORS.Enough said?
[from the M3 Report:]
El Universal (Mexico City) 8/19/08
replied to criticisms of President Calderón’s strategies and
performance in the war against crime by requesting that the other
political parties not seek political profit on the theme of security,
but rather to put public interest first. He asserted that President
Calderón is not dodging his responsibilities and will continue to
confront organized crime throughout his term. There is to be a high-level meeting of the National Security Council Thursday, apparently to iron out differences in strategies to combat the crime wave.
to Calderón, was criticized by his own party’s leader, Guadalupe Acosta
Naranjo, as “irresponsible” for trying to take advantage of public
concern over insecurity for political gain. AMLO (as he is referred to
in the press) had declared that the “political mafia” was worse than
organized crime and questioned the policy of the “strong hand” to
El Porvenir (Monterrey, Nuevo Leon) 8/20/08
(Portions of an op/column titled “Violent democracy” follow. The author is not named.)
Chihuahua is the most violent state. According to the geography of
executions four of every ten deaths linked to narcotraffic take place
there.. In Chihuahua democracy and development go hand in hand with
violence. Good coexists with evil. Chihuahua is an extreme case, but
when we analyze the entirety of places we find other similar cases.
For example, 54% of executions (sic) take place in the 10 most
developed places. We find two other states that evidence those
anomalous symptoms of violence, development and executions: Baja
California and Nuevo Leon. The democratic credentials of both are the
best which the country has. Nuevo Leon is the second most developed
state and Baja California the third. Unfortunately, both rank in the
top ten of violence.
Historically, Mexico has been a country of contradictions but seldom
have they been so evident. Today, the country’s most developed area is
immersed in a spiral of violence. The questions is, how long will its
democratic and financial institutions last in such an adverse context.
Norte (Ciudad Juarez, Chihuahua) 8/20/08
The Juarez Hospital Center took emergency measures after an “armed
commando” assassinated some persons with gunfire right outside the
hospital building and when army personnel burst into the hospital
facilities. Now, gunshot victims and emergency cases are not being
attended during the night.
El Universo (Guayaquil, Ecuador) 8/20/08
A shrimp boat named “The Lord of Justice” was found some 170 miles NE
of San Cristobal, part of the Galapagos Islands. It wasn’t fishing.
Instead, it was transporting 34 males (6 of them minors) and 31 females
(5 of them minors). All 65 Ecuadoreans aimed to reach Central America
and their destination was the United States. All have now been returned
to Ecuador by Ecuadorean officials.
El Imparcial (Hermosillo, Sonora) 8/20/08
There have been seven “execution style” homicides in Nogales, Sonora, in the past week.
Frontera (Tijuana, Baja Calif.) 8/20/08
There have been seven “execution style” homicides in Tijuana in the last three days.
La Jornada (Mexico City) 8/20/08
headline: “The narcowar leaves 12 more “executed” in Chihuahua.
A businessman in Baja California and a rancher in Sinaloa were assassinated Tuesday when they resisted being kidnapped.
In Jalisco, a federal police agent was forcibly carried off, a practice
that does not have the objective of payment for ransom, but that of