← Autodidact Archive · Original Dissent · Walter Yannis
Thread ID: 16932 | Posts: 5 | Started: 2005-02-24
2005-02-24 07:12 | User Profile
Militia leader is cleared in assault case By Ignacio Ibarra [URL=http://www.dailystar.com/dailystar/metro/62674.php]ARIZONA DAILY STAR [/URL]
Cochise County militia organizer Casey James Nethercott was acquitted in federal court Tuesday of charges he threatened to assault three U.S. Border Patrol agents during a confrontation at his Ranch Rescue Headquarters near Douglas last year.
The charges stemmed from an Aug. 31 incident in which, federal prosecutor Maria Davila said, Nethercott ignored attempts by Border Patrol agents to pull him over on an immigration stop as he returned to his home from Douglas.
Instead, she said, Nethercott led the three agents on a slow-speed pursuit that ended at his ranch, where the prosecutor claimed he threatened and attempted to intimidate the agents who were lawfully investigating their suspicions that Nethercott was involved in smuggling.
Nethercott's attorney, Public Defender Jason Hannan, said that from the beginning the prosecution of his client was "a political case," driven by the government's dislike of Nethercott's political views.
He said the confrontation alleged by the Border Patrol agents never occurred. And he said the threats claimed by the agents were shown to be nothing more than Nethercott calling 911 on his cell phone and reporting to the Cochise County Sheriff's Department that armed agents were at his gate and he needed help to avoid a shootout.
"It was politics, pure and simple. They were just trying to get rid of him," Hannan said.
He said Nethercott, who spent more than five months in federal custody, was released after the verdict.
"Casey never once considered entering a plea. This case was about principles from the beginning. The jury saw that," the defense attorney said.
The government's principal witnesses at the trial were the three agents who were involved in the pursuit before the confrontation at Nethercott's ranch.
Davila told the jury that the agents had received information that a sensor had been activated near the border and that they observed a minivan leave the border and drive into Douglas.
The van was spotted later by the agents, who noticed differences in the suspension of the minivan that aroused their suspicions.
When they tried to stop the vehicle, they said it slowed and pulled to the side of the road, leading them to believe the driver was looking for a spot to pull over and bail out.
They continued their pursuit, eventually ending up at Nethercott's ranch about a quarter mile east of the Border Patrol station.
Once at the ranch, Nethercott pulled through his gate, got out of the vehicle and closed the gate with the assistance of a large man, Kalen Riddle, who was armed with a rifle, sidearm and large knife.
The agents also reported that Nethercott appeared to be giving instructions to other unseen people in the dark.
At that point, the agents testified they took cover and drew their own weapons.
Hannan said by the time the agents arrived at Nethercott's ranch they knew who was driving the vehicle and that there was no smuggling case to investigate.
But instead of backing off, they came onto Nethercott's property with weapons drawn, instigating a confrontation that was not diffused until Cochise County deputies arrived at Nethercott's request.
He said videotape of the incident shot by a Border Patrol surveillance camera and synchronized with a Cochise County radio dispatch recording supported Nethercott's version of events.
Nethercott was accused in 2003 of beating two illegal immigrants detained in a Ranch Rescue operation in Hogg County, Texas.
He was convicted last year on federal weapons charges in the case, but the jury could not reach an agreement on the assault charges.
Hannon said he did not have information on Nethercott's other legal matters.
[I]Contact reporter Ignacio Ibarra at 520-806-7746 or [email]iibarra@azstarnet.com[/email]. [/I]
2005-02-24 07:46 | User Profile
Its a good thing all those "New Americans" from Mexico don't have citizenship, and thus can't serve on juries....
2005-02-24 09:33 | User Profile
[QUOTE=Kevin_O'Keeffe]Its a good thing all those "New Americans" from Mexico don't have citizenship, and thus can't serve on juries....[/QUOTE]
My thought exactly.
Amnesty would be a big step toward changing all that.
2005-02-24 16:39 | User Profile
Hmmm... so a rightist White man was cleared of phony charges filed by a lying Imperium prosecutor. This was all over the national news, wasn't it?
2005-02-24 22:18 | User Profile
arkady
Your are right did make the newsroom cut.
[QUOTE]Hmmm... so a rightist White man was cleared of phony charges filed by a lying Imperium prosecutor. This was all over the national news, wasn't it?[/QUOTE]