Victims' Rights Caucus



Madam Speaker, this afternoon I want to discuss criminal cases, three criminal cases that have occurred in these United States. All three of these criminal cases have to do with law enforcement officers that were prosecuted by the Federal Government for alleged crimes that they committed on the southern border with Mexico. And I want to discuss the facts of each of these cases so that we have a clear understanding on what has occurred on the border and the border war with Mexico, and how our Federal Government is so relentless in prosecuting the border protectors and not prosecuting those who come across the border illegally.

The first case has to do with the Border Patrol by the name of David Sipe. David Sipe patrolled the Texas/Mexico border down in what is called the McAllen area. Pinedas, Texas, is exactly where it occurred. That is on the tip of Texas, on the Gulf of Mexico that borders Mexico.

In April of 2000, he was on patrol, as he did for many years, as a Border Patrol agent. And a sensor goes off on the border. What that means is that people are coming across the border without permission, illegals, if we can use that phrase.

David Sipe goes to the area where the sensor goes off and he sees 12 to 15 illegals coming across the border. Agent Sipe orders them to stop.

Now, first of all, Madam Speaker, we have one patrolman and 15 illegals. It takes quite a law enforcement officer to have the courage to stop that many people coming into the United States. But he did so because that was his responsibility.

Three of those illegals, however, ignored Agent Sipe and ran into a brushy area there on the Texas/Mexico border. He caught those three individuals. And one of those individuals who was illegally in the country, a Jose Guevara, attacked Border Agent Sipe. And according to Border Agent Sipe, Guevara was going for the agent's weapon while he was being attacked by this illegal.

So Agent Sipe pulled out a flashlight. It is not just a little flashlight that we normally get over at Wal-Mart. It is one of those long flashlights, and he hit Guevara in the head defending himself. And the wound on Guevara's head required about five stitches later.

Now, instead of prosecuting Guevara for assaulting the border agent, instead of prosecuting Guevara for being in the country illegally, our U.S. Federal Government swoops on the scene and charges Agent Sipe with using excessive force in the arrest of this illegal.

The government then gave Guevara, the illegal, and two other illegals what I call ``get out of jail free'' cards. In other words, their crime, illegally coming to the United States, their crime in my opinion of assaulting a border agent, was forgiven with some kind of backroom deal with the promise of those individuals to testify against Agent Sipe in Federal Court for using excessive force against these individuals.

But that is not all your Federal Government did for these illegals. Giving them get out of jail free cards also gave them Social Security cards, witness fees, and permits allowing them travel back and forth across the border to Mexico without any type of intervention, and further gave them living expenses or money, and, finally, gave them free government phones to use while they were waiting to testify against Sipe. So this is the deal they got to testify against the border agent.

Now, it has been my experience as a judge in Texas for over 22 years, trying only criminal cases, only serious felony cases, that when the prosecution starts making deals with witnesses or law violators and giving them some benefit for testimony, they usually get the testimony that the government wants.

And so what happened in this case? The agent was tried, he was convicted, and the three illegals who got immunity testified against him. He was convicted in the year 2006. During the trial, the Mexican Government was involved in this case, pur