A protester was acquitted Wednesday of costs that he assaulted a federal agent throughout widespread protests in opposition to immigration crackdowns in Los Angeles, simply hours after one of many faces of President Trump’s enforcement insurance policies took the stand to testify in opposition to him.
U.S. Border Patrol Sector Chief Gregory Bovino — the brash agent who led a phalanx of navy personnel into MacArthur Park this summer season — was referred to as as a witness Wednesday in a federal misdemeanor assault case in opposition to Brayan Ramos-Brito, who was accused of putting a federal agent.
Bovino, who flew in to testify from Chicago, the newest metropolis focused for an immigration enforcement surge, mentioned he witnessed the alleged assault dedicated by Ramos-Brito in Paramount on June 7.
Bovino was questioned by the protection about earlier feedback he made referring to undocumented immigrants as “scum.”
The jury got here again with the acquittal after just a little over an hour of deliberations.
The case may show to be an ominous bellwether for embattled performing U.S. Atty. Invoice Essayli, who has struggled to win indictments in opposition to these charged with committing crimes whereas protesting aggressive immigration enforcement in Southern California.
Prosecutors initially introduced a felony cost in opposition to Ramos-Brito, which was lowered to a misdemeanor.
Throughout the two-day trial, various movies had been displayed exhibiting a Border Patrol agent shove Ramos-Brito, however none clearly illustrated his alleged assault on the agent.
Outfitted in his inexperienced Border Patrol uniform, Bovino was the lone Border Patrol agent to testify that he witnessed Ramos-Brito drag his arm again and strike an agent with an open palm within the chest.
Ramos-Brito and his attorneys declined to remark after the decision, however had been seen celebrating the acquittal within the downtown federal courthouse. A spokesman for the U.S. Lawyer’s Workplace declined to remark.
On a cross-examination, federal public defender Cuauhtemoc Ortega questioned Bovino about being the topic of a misconduct investigation a couple of years in the past and receiving a reprimand for referring to undocumented immigrants as “scum, filth and trash.”
Bovino mentioned he was referring to “a selected legal unlawful alien” — a Honduran nationwide who he mentioned had raped a baby and reentered america and had been caught at or close to the Baton Rouge Border Patrol station.
“I mentioned that a couple of particular particular person, not about undocumented peoples, that’s not appropriate,” he mentioned.
Ortega pushed again, studying from the reprimand, which Bovino signed, stating that he was describing “unlawful aliens.”
“They didn’t say one unlawful alien,” Ortega mentioned. “They mentioned you describing unlawful aliens, and or criminals, as scum, trash and filth is misconduct. Isn’t that appropriate?”
“The report states that,” Bovino mentioned.
Since June, greater than 40 individuals have been charged with a spread of federal offenses, together with assaulting officers and interfering with immigration enforcement, at both downtown protests or the scene of immigration raids all through the area this summer season, the U.S. lawyer’s workplace in L.A. mentioned this week.
Ramos-Brito’s case was the primary to go to trial.
In closing arguments, Ortega accused the Border Patrol agent on the heart of the case of mendacity and Bovino of “making an attempt to cowl up for him.” He cited Bovino’s previous reprimand as proof that he harbors bias.
However prosecutors pushed again on that, with Asst. U.S. Atty. Patrick Kibbe arguing that the protection “desires you to imagine that there’s some grand conspiracy in opposition to Ramos-Brito. These officers don’t know him.”
Kibbe acknowledged that Bovino’s prior statements had been unprofessional.
“Does it have something to do with what he noticed on June 7? No,” Kibbe mentioned. “This isn’t about immigration enforcement… it’s about whether or not the defendant struck Agent Morales.”
A juror who spoke to a Instances reporter exterior court docket mentioned Bovino’s testimony had “no affect” on their choice. The dearth of video proof within the case led him to vote not responsible, the juror mentioned.
The case centered round a protest exterior the Paramount Enterprise Heart, throughout the road from House Depot.
Already tensions had been excessive, with federal officers raiding a retail and distribution warehouse in downtown L.A. in early June, arresting dozens of staff and a prime union official.
On the Paramount advanced, which homes Homeland Safety Investigation places of work, protesters started arriving round 10 a.m on June 7. Amongst them was Ramos-Brito.
A number of movies performed in court docket Tuesday confirmed Ramos-Brito and one other man cursing at Border Patrol brokers and stepping inches from their faces with balled fists. At one level, Ramos-Brito approached a number of Border Patrol brokers who gave the impression to be Latino and mentioned “you’re a f— shame if you happen to’re Mexican.”
Kibbe mentioned that whereas many protesters had been “passionately” demonstrating, Ramos-Brito crossed a line by putting U.S. Border Patrol Agent Jonathan Morales.
“There’s a constitutional proper to protest peacefully. It’s a crime to hit a federal officer,” Kibbe mentioned.
Federal public defender M. Bo Griffith, nevertheless, mentioned Ramos-Brito was the sufferer of an assault, not the opposite method round.
Each social media and body-worn digicam footage performed in court docket clearly present Morales shove Ramos-Brito first, sending him flying backward into the busy intersection of Alondra Blvd. Whereas footage exhibits Ramos-Brito marching again towards the agent together with his fists balled, no angle clearly captures the alleged assault.
Apart from Morales, three different brokers took the stand Tuesday, however none mentioned they noticed Ramos-Brito hit Morales. Not one of the brokers who testified had been outfitted with body-worn cameras that day, in accordance with Border Patrol Asst. Chief Jorge Rivera-Navarro, who serves as chief of employees for “Operation At Massive” in Los Angeles.
A number of the Border Patrol brokers swarming L.A. in current months come from stations that don’t usually put on body-worn cameras, in accordance with Navarro. He testified that he has since issued an order that led to cameras being distributed to brokers working in L.A.
The conflict that led to the assault cost began when Ramos-Brito stepped to U.S. Border Patrol Agent Eduardo Mejorado, who mentioned he repeatedly requested Ramos-Brito to maneuver to the sidewalk because the protest was blocking site visitors. Video exhibits Mejorado place his hand on Ramos-Brito’s shoulder twice, and the defendant swatting it away.
At that time, Morales, a 24-year veteran of the Border Patrol, mentioned he thought he wanted to step in and de-escalate the state of affairs between his fellow agent and Ramos-Brito. He did so by shoving Ramos-Brito backward into the intersection, in accordance with video performed in court docket. Morales mentioned Ramos-Brito then charged at him whereas cursing and threw a punch on the higher a part of his chest and throat.
On cross-examination, Griffith confronted Morales and Mejorado with inconsistencies between descriptions of the occasion they beforehand gave to a Homeland Safety Investigations officer and their testimony in court docket. It was not the primary time such a discrepancy affected the case.
Federal prosecutors beforehand dropped costs in opposition to Jose Mojica, the opposite protester who was arrested alongside Ramos-Brito, after video footage referred to as into query the testimony of an immigration enforcement agent.
In accordance with an investigation abstract of Mojica’s arrest beforehand reviewed by The Instances, Mejorado claimed a person was screaming in his face that he was going to “shoot him,” then punched him on the Paramount protest. The officer mentioned he and different brokers began chasing the person, however had been “stopped by two different males,” later recognized as Mojica and Ramos-Brito.
Video performed in court docket Tuesday and beforehand reported by The Instances exhibits that sequence of occasions didn’t occur. Ramos-Brito and Mojica had been arrested in a canine pile of brokers after Ramos-Brito allegedly struck Mojica. There was no chase.
Questioned about Mojica’s case in July, a Homeland Safety spokesperson mentioned they had been unable to touch upon circumstances “below energetic litigation.”
Protection attorneys mentioned Ramos-Brito sustained a number of contusions on his face, neck and again and had cuts and scrapes on his physique from being dragged throughout the pavement later.
In accordance with his attorneys, Ramos-Brito’s solely prior interplay with regulation enforcement was for driving with out a license.
