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Tag: probation

Border Patrol Agent Who Intentionally Hit Migrant with Truck Sentenced to Probation

By Steve Neavling

ticklethewire.com

A Border Patrol agent who intentionally struck a Guatemalan migrant with his truck in 2017 – and called immigrants “subhuman” – was sentenced to three years of probation and supervised release.

Matthew Bowen, a 39-year-old agent stationed in Nogales, had faced up to one year in prison after admitting in August that he intentionally struck a 23-year-old migrant while arresting him for illegally crossing the border.

“I want you to remember this,” U.S. Magistrate Judge Thomas Ferraro told Bowen during the federal sentencing hearing in Tucson, The Phoenix New Times reports. “I can’t ignore the seriousness of this offense. Nationally, people are complaining about ICE and Border Patrol and the job that they do. Your conduct reinforces their stereotypes, and makes it much more difficult for your colleagues to preform their duties. It only takes one incident like this to really undermine things.”

Bowen also has come under fire after text messages surfaced showing he called immigrants “subhuman” and “mindless murdering savages.”

Bowen, a 10-year veteran of the Border Patrol, was placed on unpaid suspension in June 2018, shortly after he was indicted on assault charges. As part of a plea agree, Bowen resigned.

A video of the incident showed Bowen “accelerating aggressively” and striking Antolin Lopez Aguilar twice with the front of his truck. Bowen then arrested Lopez.

Bowen’s attorney, Sean Chapman, denied his client was racist, despite the evidence against him.

“There have been claims in the media that Mr. Bowen made racist comments about the immigrant community, and it’s simply not true,” Chapman said.

Rare Prosecution of Border Patrol Agent Leads to Resignation for Punching Migrant

Photo via Border Patrol

By Steve Neavling

ticklethewire.com

A 49-year-old Border Patrol agent who assaulted a migrant in U.S. custody has resigned in exchange for pleading guilty to a charge filed by the Justice Department.

Jason Andrew McGilvray was working at the Calexico Border Patrol Station in California in February 2019 when he spotted an undocumented migrant jump the international border fence. McGilvray apprehend the man and struck him “in the face with the intent to deprive [him] of his constitutional right against unreasonable force during search and seizure,” prosecutors said.

According to Quartz, which first reported on the arrest, it’s extremely rare for Border Patrol agents to be held charged for on-duty wrong-doing. Since 2016, only two Border Patrol agents have been arrested for “mission-related misconduct.”

By contrast, Border Patrol agents are five times more likely to be arrested for off-duty conduct than other federal agents.

Under McGilvray’s plea agreement, he dodged jail time and was sentenced to a year of probation.

McGilvray joined Border Patrol in 2006.

FBI Agent Spared Jail After Assaulting 15-Year-Old Boy Because of Stellar Career

By Steve Neavling
ticklethewire.com

An FBI agent captured on video shoving a Maryland teenager was spared a jail sentence Wednesday because of what a judge called a stellar career.

The Washington Post reports that Gerald Rogero, a unit chief in the FBI’s counterterrorism division, likely will continue his duties with the bureau.

Montgomery County Circuit Judge Steven Salant placed Salant on two years’ probation and ordered him to undergo anger-management classes.

“Would it be in the best interest of the defendant — as a result of this isolated and unfortunate mistake of judgment — to deprive him of his employment, of his livelihood?” Salant asked from the bench, speaking to a courtroom packed with FBI agents supporting their colleague as well as friends and family supporting the teenager. “To impact upon his children? To impact upon the service that he can bring to the community? I think not.”

Rogero, 46, shoved a 15-year-old boy, sending him to the pavement.

‘Affluenza’ Teen, His Mother Were Detained in Mexico After Fleeing Over Probation Violation

Ethan Couch.

Ethan Couch.

By Steve Neavling
ticklethewire.com

A wealthy Texas teenager who was given leniency after killing four people while driving drunk has been captured in Mexico with his mother, The New York Times reports. 

Ethan Couch gained national notoriety when a judge gave him probation in 2013 after his lawyer called a witness who claimed he suffered from “affluenza,” a so-called psychological condition marked by an unwillingness to know the difference between right and wrong because of family wealth.

Couch, 18, was facing prison this month after allegedly violating probation by drinking alcohol.

Authorities said he and his mother, Tonya Couch, 48, fled to Mexico before they were arrested near the Mexican resort city of Puerto Vallarta.

FBI Joins Search for Teen with ‘Affluenza’ Who Sheriff Believes May Have Fled the Country

Sheriff Dee Anderson, via Twitter.

Sheriff Dee Anderson, via Twitter.

By Steve Neavling
ticklethewire.com

Teenager Ethan Couch made national news when his attorney argued he suffered from “affluenza,” a condition stemming from being coddled so much that he lost his sense of responsibility, CBS News reports. 

Now federal officials are helping Texas deputes search for Couch, who was 16 years old when his drunken driving crash killed four pedestrians.

In 2013, Couch was sentenced to 10 years of probation, but now he and his mother are missing.

Tarrant County Sheriff Dee Anderson suggested that Couch may have hit the left the country, making him a top fugitive.

A warrant was issued for his arrest.

“I hate to say I told you so, but I told you so,” Anderson said. “I said, we’re going to see him again. He’s going to be back in this system.”

His disappearance follows a video that show what appears to be Couch drinking, which would be a probation violation.

Probation Officer in Massachusetts Pleads Guilty to Lying to FBI Agent

fbi badgeBy Steve Neavling
ticklethewire.com

A probation officer in Massachusetts who is accused of mistreating a woman on probation pleaded guilty Tuesday in federal court to lying to an FBI agent, the Boston Globe reports. 

Lawrence Plumer, 46, reached an agreement with prosecutors that could mean he dodges jail and is instead sentenced to a year of probation.

Plumer is accused of showing pornography to a woman serving probation, among other allegations that have not been made public.

Prosecutors said the “mistreatment” involved the deprivation of the woman’s rights.

In addition to pleading guilty, Plumer agreed to resign from his job as probation officer in Suffolk Superior Court, the Boston Globe wrote.

Prosecutors Dismiss Charges Against Man After Questionable Handling by FBI

Steve Neavling
ticklethewire.com

Questionable ties between FBI agents and probation officers preceded Thursday’s decision by Cook County prosecutors to dismiss felony gun charges against a Chicago man Thursday, the Chicago Tribune reports.

Orangelo Payne, 34, was on probation for felony possession of marijuana when his probation officer turned up at Payne’s home with an FBI agent in tow. Using the probation as a pretext to search his apartment, he said an FBI agent squeezed him for information about a murder suspect, and a shotgun was found.

Before Payne could even challenge the charge in court, State Attorney Anita Alvarez declined to pursue the weapons charge.

Instead of facing up to decades in prison, he was charged with a lesser count that will allow for his release from jail within a few days, the Tribune reported.
“They dropped the charges because they didn’t want to air dirty laundry in open court,” Payne’s lawyer, J. Scott Arthur, said. “Under the ruse of probation officers conducting curfew checks, law enforcement is tagging along and illegally gaining access to homes.”

Former Long Beach FBI Agent Gets Probation in Banking Scheme Tied to Gambling

Steve Neavling
ticklethewire.com 

A former FBI agent with a gambling habit was sentenced to two years of probation Monday for a series of illegal cash deposits, the Fresno Bee reports.

Raymond Wilson, 38, who worked at the FBI’s Long Beach office, committed a federal crime by regularly depositing $10,000 or less of casino winnings to avoid Currency Transaction Reports.

Wilson accumulated more than $488,000 that way, the Fresno Bee reported.

From 2008 to February 2013, Wilson gambled in California, Nevada, Arizona and West Virginia.