In a major blow to the border vigilante movement, a jury in the civil trial of Roger Barnett found him guilty Wednesday of intentionally inflicting emotional distress, negligence, unlawful imprisonment and assault. After three hours of deliberations in the Superior Court in Bisbee, Arizona, the jury in the civil trial ruled in favor of the plaintiffs awarding them $98,000.
The charges stem from an October 30, 2004 incident when Roger Barnett, his wife and brother, Donald Barnett stopped Arturo, Ronald, Vanese and Angelique Morales and the girls' friend, Emma English, while the group was on a hunting trip. Upon finding the group on land he leases for grazing livestock from the Arizona State Land Department, Barnett yelled racist obscenities and pointed his chambered, AR-15 assault rifle at the three young girls (ages 11 and 9) and the two men and threatened to kill them.
The hunters, all of whom are Americans of Mexican decent, said Barnett insulted them with racial slurs and threatened to shoot them - charges Barnett denied. Ronald Morales said he tried to get the county attorney to press criminal charges against Barnett, but was told no jury would convict him.
Morales' attorney, Jesus Romo Vejar, said he hoped the local prosecutor would now reconsider filing criminal charges against Barnett, and he hoped others who had had problems with the rancher also would be encouraged to file civil claims.
"Everybody thought that it was impossible to win in Cochise County, and we proved to them that it's not true," he said.
Romo Vejar called the case "historic" in the county's legal history, and said it was significant a jury of seven whites and one Hispanic ruled against Barnett.
The Morales suit was sponsored by two civil rights groups, the Border Action Network and the Southern Poverty Law Center, who have accused Barnett of abusing the illegal immigrants he detains on his ranch.
Douglas Daily Dispatch
The trial began on November 14th and included emotional and intense testimony from the children, their parents, psychologists, land surveyors, sheriffs' deputy, Arizona Game and Fish employee, and other bow hunters who had also been physically assaulted and barraged with racist insults by Barnett. The families were represented by Jesus Romo Vejar, a long-time civil rights and immigrant rights attorney.
"We're really relieved to see that finally Roger Barnett has been held responsible for the actions he has taken and the violence he has inflicted - and not just against the members of the Douglas community," said Jennifer Allen, director of the Border Action Network. "This also makes a statement to migrants who have been abused that these sorts of actions are, in fact, illegal."
Barnett estimates he has detained and turned over to the Border Patrol between 10,000 and 12,000 illegal immigrants during the past decade.
Barnett declined to comment on the verdict, saying his attorney had advised him not to speak on the matter.
Douglas Daily Dispatch
Barnett, known for dressing in military garb and caps with insignia resembling the United States Border Patrol’s, represents a special prize to the immigrant rights groups. He is ubiquitous on Web sites, mailings and brochures put out by groups monitoring the Mexican border and, with family members, was an inspiration for efforts like the Minutemen civilian border patrols.
“The Barnetts, probably more than any people in this country, are responsible for the vigilante movement as it now exists,” said Mark Potok, legal director of the Southern Poverty Law Center, which tracks the groups. “They were the recipients of so much press coverage and they kept boasting, and it was out of those boasts that the modern vigilante movement sprang up.”
NYT
"This is an historic moment," reflects Jennifer Allen, Director of the Border Action Network. "This victory is just the beginning. We can guarantee that every official who tried to sweep this case and issue under the rug and who still has the capacity of bringing criminal charges will hear from us."
"The door has been opened by this very important decision condemning the violence and trauma caused by border vigilantism," continues Allen. "We've already seen the courage the Morales and English girls as well as the jury had for standing up for what is right and fair. Now we are looking for the courage of our public officials to uphold human dignity and end vigilante impunity."
The long-term ramifications of the decision are yet to be assessed, but other border vigilante groups will certainly be affected by the jury's verdict. Vigilante groups have long assumed that they can operate with virtual impunity along the border. Additionally, groups like the Minutemen have expanded their operations further from traditional border areas recently and taken on up a new campaign to root out undocumented immigrants at their jobs and in their homes. This decision will certainly come into play as they continue to expand their reach into areas of enforcement well beyond the commonly accepted legal boundaries
Some additional text courtesy of The Border Action Network.
From: Migra Matters – Progressive Immigration Reform