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Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 08:43
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16 illegals sue Arizona rancher
Claim violation of rights as they crossed his land

Jerry Seper (Contact)
Monday, February 9, 2009

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."
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 09:01
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He did NOTHING wrong
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 09:03
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Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 09:07
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The District Judge should be embarrassed into quitting.  What a travesty.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 09:27
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Come on guys, don't you know civil rights always trumps other forms of law?  Criminals need more rights, and those who do right need less?  This is the new Amerikan way. . .
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 10:33
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A TRUE AMERICAN HERO in my eyes !!! Salute
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 10:56
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The new anti-American way - an illegal alien, who has no right to even be in this country, much less on this man's land, could end up getting what the man legally owns and is trying to protect.  Heaven forbid that one of them hurts themself while trespassing on the property - he would probably be held liable and also have to pay for all of their medical expenses.  What a joke - these people aren't even hyphenated Americans, they should have NO rights in this country.  It is a disgrace that this whole thing has even gone to this level.  The judge should be removed from the bench and the whole bunch that is sueing should be carted back across the border - including MALDEF.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 11:49
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This truely explains the desperate shape this country is in.

Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 12:52
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The LIBERAL maindset never fails to surprise me. Let this have happened 50 years ago. Wait scratch that, IT WOULDN'T have happened 50 years ago because he could have shot them on the spot no questions asked.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 13:35
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This makes me mad as hell!  It's outrageous this case was ever allowed in our courts in the first place.  It's equally outrageous that some self-serving attorney puts their own monetary gain before their country's best interests in taking this case, thereby potentially weakening our sovereignty and private property rights.

 
This is the inevitable result of liberal incrementalism, plain and simple.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 15:29
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Originally posted by RifleDude RifleDude wrote:

This makes me mad as hell!  It's outrageous this case was ever allowed in our courts in the first place.  It's equally outrageous that some self-serving attorney puts their own monetary gain before their country's best interests in taking this case, thereby potentially weakening our sovereignty and private property rights.

 
This is the inevitable result of liberal incrementalism, plain and simple.


+1, what a bunch of BS
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 23:12
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CussingNo illegal should ever be allowed to sue a US citizen. They broke the law coming into the country.  The broke the law trespassing on his property.  Had that been in Montana, there is a good chance that they would have been shot and left for the coyotes.  This is an outrage that the courts would even allow this to happen!
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/12/2009 at 23:43
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It's getting very screwed up.  What is the sense in owning property is everyone else has more right to use it than you do.
Post Options Post Options   Thanks (0) Thanks(0)     Back to Top Direct Link To This Post Posted: February/13/2009 at 00:23
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It amazes me too. And being from az it also discourages me as well.This past summer Sherriff Joe Arpio (probably incorrect spelling) started doing sweeps for illegals, and the local polital officers , ahhh I mean, media just went nuts!!!!! For like a week there wasn't an actual Arizonan on the t.v. . They were all illegals and left-wing supporters! And they say that illegals dont hurt the economy? How about the fact if you cross a state line in any direction from az the wage base goes up at least 30% and sometimes double. And how about the rclogical concerns ? I have been deer hunting down south for years and the trash that these people leave behind is amazing!!! It is just baffleing that something so precious and simple as the constitution has become nothing more but a distant memory.

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