Rancher faces charges in
illegal immigration case
Mexicans say Barnett violated their civil rights

By Jonathon Shacat
WICK NEWS SERVICE
Published/Last Modified on Thursday, February 5, 2009 1:35 PM MST


BISBEE — A trial started Monday in federal court in Tucson against a Douglas rancher and others charged with conspiring to violate the civil rights of some illegal immigrants along the U.S.-Mexico border.


The defendants of the lawsuit are Roger Barnett, his wife, Barbara, and his brother, Donald. The plaintiffs are five women and 11 men who were in a wash in Douglas in 2004. The trial is taking place before Judge John Roll in U.S. District Court and is scheduled to run through Feb. 13.

The Mexican American Legal Defense and Educational Fund is representing the plaintiffs. According to a statement from that group, the plaintiffs were accosted by Roger Barnett, who was armed with a gun and accompanied by a large dog.

“Roger Barnett held the group captive at gunpoint, threatening that his dog would attack and that he would shoot anyone who tried to leave. During the encounter, Barnett kicked a plaintiff as she was lying, unarmed, on the ground,” states the press release.

Pima County political activist Roy Warden issued a press release in which he said groups, including the Minuteman Civil Defense Corps and Arizonans for Immigration Control, will rally in support of Barnett in front of the court today and other days.

 

Comments

    Tom Mason wrote on Feb 9, 2011 2:11 PM:

    " If our good neighbors from Arizona think all CAlifornians are liberal non-thinkers, it isn't so.
    We totally support Arizonia in it's efforts to close the border and send the illegals packing. What is there about "private property" these criminals don't understand?
    If there is a defense fund for Roger we would like information and a address! "

    paul scott wrote on Feb 20, 2009 8:59 PM:

    " One thing I keep seeing in the reply's are talking about civil rights. If someone can explain to me what rights Illegals have to be in this country in the first place I have an open ear.In Alabama in some counties they have created a budget crisis at local health depts, their doctors check-ups are at the emergency room of the local hospitals,costing every one money, also most of them drive with fake drivers lic,they buy cars at buy here pay here lots that have popped up like weeds they cause hit & run accidents for which they don't have insurance, one of which happened in Boaz,al in 2007 in which the illegal driver broadsided a woman after running a red light putting her in the hospital,after the cops caught him he had a north carolina fake driver lic, no insurance, and the car was registered to another Illegal driver,What happened was after he was bailed out of jail he left and the family of the lady who was hit have a medical bill in excess of $180,000 dollars. Question, what rights does she have in this ??? "

    Quakertown Resident wrote on Feb 19, 2009 9:47 PM:

    " I think that man did an outstanding job at catching all these illegals. I can not believe a judge made him pay Mexican's $70,000. Where is the justice for this man. He has been wronged 2 times. Once by the greedy Mexicans and second by his government. Those immagrants should just be happy he didn't shoot them and hide their bodies on the ranch. GOD BLESS YOU BARNETT!! You are a true American. "

    jason wrote on Feb 18, 2009 1:44 PM:

    " It is not really his land at all. Would like it to go back to the Public myself. the pittance he pays to pretend to own this land is not nearly worth it to the taxpayers who do own the land.

    Another selfish jerk living off the taxpayer! "

    paul scott wrote on Feb 17, 2009 5:21 PM:

    " NUMBER ONE, THESE PEOPLE WERE TRESSPASSING ON THIS MAN'S LAND, NO.2 THEY WERE IN THIS COUNTRY WITHOUT PAPERS CASE CLOSED. CROSS THE BOARDER INTO MEXICO WITHOUT ID AND WITHOUT GOING THROUGH CUSTOMS AND SEE WHAT CIVIL RIGHTS YOU HAVE THERE.... "

    emmet solomon wrote on Feb 14, 2009 7:33 PM:

    " If Barnett loses, maybe he should just hire buses to take the illegals to New York/New Jersey/Massachusetts, since the US does not want to protect our citizens or borders. Those cities seem to want these illegals. When their cities go bankrupt, maybe they will request more US money and the US government will do something. "

    Terry wrote on Feb 14, 2009 1:26 PM:

    " Steve, here's a towel to wipe up the mess left by your bleeding heart. "

    PIM wrote on Feb 14, 2009 12:28 AM:

    " Well let me tell you, it they had been on my property they would have never walked off..we have a castle law here, and if you rent lease or own you have a right to kill anybody who comes on your land and you feel threaten,your livestock,or your property in any way....so the damn illegals should be glad he just held them, by the way they have no civil rights in this country.... "

    Todd wrote on Feb 13, 2009 1:16 PM:

    " I live in North Carolina and when I heard about this story I googled the dispatch. I am originally from Corpus Christie, TX so I've seen my share of illegals.
    I felt the need to comment on the rediculousness of this law suit and the fact that the judge is actually allowing this to go to trial. Let me start by saying that for the most part MALDEF does good things for immigrants growing accustomed to the United States. That being said...with this case they lose alot of the respect they are trying to gain in the community. One of the plantiffs in this case is actually a convicted felon and was in the process of comitting another felony and trespassing when Mr Barnett stopped them.
    Can someone please tell me how it is a violation of civil rights to defend your property and stop a crime from being comitted? Yes MALDEF regardless of what you might like to believe, crossing the boarder without proper papers and consent is indeed a crime.

    I am already dissapointed that the judge in this case let it go this far...If Mr. Barnett loses this case I will be even more disillusioned with our justice system then I already am. "

    Former Douglas Res. wrote on Feb 13, 2009 7:23 AM:

    " Mexico is taking back Arizona and Texas without a gun! "

    Cynic wrote on Feb 12, 2009 12:35 PM:

    " Questions: One, has this trail ended?

    Two, is it a trial by jury or is only the federal judge hearing it?

    Three, if it has ended, have they mentioned when they will render the decison?

    Illegals should not have the right to sue citizens. "

    Steve wrote on Feb 12, 2009 9:46 AM:

    " For anyone who is really interested, some facts.

    Land Tenure Situation of Vigilante Ranchers-Preliminary Research
    Barnett Ranch - According to his Arizona State Land Department lease file (05-670), Roger Barnett leases almost 14,000 acres of state trust lands from AZ taxpayers. He claims a little over 4000 acres in adjacent private holdings on the grazing lease application, meaning at least 75% of his ranch is public land. Barnett has consistently stated in the media that his ranch is 22,000 acres. The discrepancy is probably the result of a sub-lease of about 4000 acres from some adjacent ranch. (Such sub-leases are not recorded at the Land Dept.)

    Lease Terms - The relevant clause in the lease gives Barnett the right to protect the property and improvements from damage and trespass as long as he doesn’t create a “breach of the peace” in the process. The clause remains to be defined by a judge, since this situation apparently has never been tried in court. But probably the worst risk here for Barnett would be getting his lease stripped based on a violation of the terms. However, there is a potential here to involve the State Land Dept. in any civil rights case that involves activities on public lands, which may be of some benefit in bringing pressure to halt the vigilante activity.

    Benefits/liabilities to taxpayers - Barnett pays $2.18 per head of cattle per month to lease the state trust land, and is current on his payments. This is only a fraction of what he would pay ($6-8) to lease the same type of land from a private source. This represents a substantial subsidy to the ranching industry, at the expense of taxpayers. Grazing on federal land alone costs U.S. taxpayers $500 million a year, with untold millions more at the state level.

    “Eco-terrorists” - Barnett has called the undocumented workers crossing his land “eco-terrorists”, in typically dehumanizing fashion, because of the trash they leave on his ranch. However, grazing has been shown in environmental studies to be the most destructive environmental factor in Arizona-worse than mining, timber cutting or urban sprawl. Cattle have helped destroy and degrade 95% of AZ riparian areas and contributed to the endangerment and extinction of numerous species. Not all ranchers abuse the privilege of public lands grazing, but on the whole the grazing is simply not suited to the dry desert habitat of Arizona.

    The Spotlight - Ranchers are a small (only about 1200 AZ state trust grazing leases statewide), insulated “family” of basically conservative folks, many of whom are clinging to the past and a certain “traditional lifestyle”. The area of public lands grazing leases is basically an extension of this “good ol’ boy” network, involving the very rancher-friendly State Land Dept. Within this community there is usually very little public dissension. However, many ranchers do not support Barnett’s rabid anti-immigrant stance, even though they may well be concerned about the situation and their own ranches. This presents the opportunity for careful cultivation of such dissension and the potential for peer pressure to be brought by other ranchers against Barnett, et al. The perception that Barnett speaks for all ranchers is false and should be exposed as such. "

    Tommy D wrote on Feb 12, 2009 9:32 AM:

    " Hey Sandy get your facts straight.

    80% of his ranch is leased from the state for grazing rights only.

    Here's a map if you'd like to get your facts straight:

    http://www.aztlan.net/barnettranch.htm "

    Scott V wrote on Feb 11, 2009 4:47 PM:

    " I guess it's hard to break old habits. Bye bye Mr Barnett and 32 million of your dollars. Justice at it's best.

    From his first case he lost:

    The lawsuit contends that the Morales party was legally crossing land near Douglas — which Barnett leases from the state — when he allegedly threatened them and used abusive, racist language.
    At the time the lawsuit was filed, Morales said, "I didn't serve six years in the United States Navy so that my family's civil rights could be violated." "

    Steve wrote on Feb 11, 2009 4:35 PM:

    " American Soldier wrote on Feb 10, 2009 6:54 PM:

    " What is the point of me and my comrades having to serve multiple tours in Iraq and Afghanistan when our own government prefers to take care of illegal invaders rather than American citizens."

    NO, OUR GOVERNMENT IS UPHOLDING THE LAWS ON THE BOOKS. What don't you hicks understand? You can't use deadly force or threaten it for simple trespass, that's why we call it LAW & ORDER. "

    Bob wrote on Feb 11, 2009 4:25 PM:

    " Darren wrote on Feb 11, 2009 6:41 AM:

    " IF anyone like that was to enter onto my land - shoot first and ask questions later. The judge needs to be removed from the bench for allowing this case to move forward."

    OH YOU ARE AN AMERICAN? That's why we have the laws we have, to keep crazy fools like this off the streets. "

    sandy wrote on Feb 11, 2009 3:48 PM:

    " Hey Tommy D,
    Hate to burst your bubble, but there are several ranchers in that area that don't hire (WB)'s and survive just fine. That ranch is not all leased land there is a very small part of it that is. So even if the state took away the leases it propably wouldn't hurt him that much. And where these people are crossing is PRIVATE. I don't know who you are but unless you've lived around and dealt with this mess you propably should'n talk. "

    Darren wrote on Feb 11, 2009 6:41 AM:

    " IF anyone like that was to enter onto my land - shoot first and ask questions later. The judge needs to be removed from the bench for allowing this case to move forward. The judge is responsible for. If this man loses the case, he can appeal the U.S. Supreme Court and pray they'll over turn it. Then, Mr Barnett should file a counter-suit against the judge. He should exhaust all his efforts to the day he dies to have that judge removed from the bench,,,this means address Congress. "

    Former Cochise Resident wrote on Feb 11, 2009 6:01 AM:

    " How could this case ever be allowed on the court docket? I lived near Hereford until the mid-70's, when I moved my family north. We never had our home broken into, but our outbuildings were, fences were destroyed, property stolen and/or damaged, clothing stolen off the line, and trash left all over the property. I was angry at the damage and theft, but felt sorry for them because I felt they were trying to improve their lives and that of the families. Today, however, with the government not caring about the rights of the tax payers, and the amount of crime, economic drain and filth they bring reaching epidemic proportions, I know I would react quite differently when I ran into them on my land. Good luck Mr. Barnett, and for future reference remember the phrase, "Your Honor, I was afraid for my life." "

    Calling you out wrote on Feb 10, 2009 11:11 PM:

    " Anybody here that has the nerve to criticize Mr Barnett for his actions should consider what they would have done over the years. If you are saying you would have done nothing to protect your home, property and family, you're either a liar or a coward. He is the victim here. Over 12,000 people he has turned into the authorities. Still he has received no substantial help from AZ or the Feds. He has much more patience and understanding than I would at this point. Good luck Mr Barnett! "

    American Soldier wrote on Feb 10, 2009 6:57 PM:

    " Answer to Border Patrol Wife;
    Be quite. If the border patrol were even the least bit effective in slowing the massive hemorage of illegals across our border, then good CITIZENS like Mr Burnett would not be in this mess!!!! "

    American Soldier wrote on Feb 10, 2009 6:54 PM:

    " What is the point of me and my comrades having to serve multiple tours in Iraq and Afghanistan when our own government prefers to take care of illegal invaders rather than American citizens. I would bet that the female Mr. Burnnet supposedly kicked was/is actually "lying" and NOT laying on the ground. They invade our country illegally, so do you think they and their anti-American mexican-American Legal defense buttheads would hesitate to "lie" to authorities?? WAKE UP AMERICA before the illegals own us all!!! "

    Pedro in Texas wrote on Feb 10, 2009 4:44 PM:

    " WHENEVER ANYONE, (regardless of race, creed or color) CHOOSES TO TRESPASS A MAN'S PRIVATE PROPERTY AND VIOLATE INTERNATIONAL LAW, THEY DO SO AT THEIR OWN RISK. I am a Texan-American born and bred in this great country; with a Spanish surname. I am proud of my deep roots and ancestors who fought for the great Republic of Texas. I wish Mr. Barnett had not kicked a woman, If the report is correct, but he is a free American and property owner and within his rights to defend his home. THE BORDER PATROL SHOULD PAY MR. BARNETT HALF OF THE $32 MILLION AND THE MEXICAN GOVERNMENT THE OTHER HALF. "

    Border Patrol wrote on Feb 10, 2009 4:39 PM:

    " In 1942 if you told anyone, one day we will be buying all our cars from Japan and put our auto industry into near bankruptcy, you would have be called crazy or a traitor. WAKE UP AMERICA. We need to work with Mexico as much as they need us. WE NEED A NORTH AMERICAN UNION, Canada, US, and Mexico "

    Bob wrote on Feb 10, 2009 4:35 PM:

    " These guys aren't American Pariots, they are fools who watched cowboy movies as kids. It's time we started blaming Washington for the mess our leadership has lead us to. Instead of spending millions of dollars a day half way around the world, it would be better spend helping our neighbors to the south. Together the United States and Mexico, with our smarts and their cheap work force, along with their oil and raw materials, we could out do China. Together we stand, but as long as we continue this border debate the rest of the world laughs at us. We are fools and the biggest ones go looking for illegals "

    Tommy D wrote on Feb 10, 2009 4:32 PM:

    " The guy has already been found guilty ONCE under American US Law, in a court of law. Sounds like you Real True Americans don't much like you own laws or your own country? "

    Smithy Weston wrote on Feb 10, 2009 4:26 PM:

    " One one has the right to threaten deadly force against someone walking across their land, never mine land that you don't own, but only lease grazing rights to. Sorry but that's the law. Maybe you nuts think it's just okay to make up the rules as you go. If that's the America you want, I feel sorry for all of us. I think everyone agrees we have a problem, but we need a sensible solution. These nuts are not American Patriots, but rather I look at them as little mindless fools. "

    Betty Russell wrote on Feb 10, 2009 2:27 PM:

    " What is the world coming to when illegal crimimals have more rights than US born citizens? This man deserves a medal, not prosecution. I am sick of these people thinking they have civil rights when in fact they have no rights here in the United States. "

    Ticked off TEXAN wrote on Feb 10, 2009 2:19 PM:

    " It baffles me that something like this could even whithstand in court. How was this not laughed out to start with?! Those people came here ILLEGALLY how do they have any rights to even sue this man? Since our government isn't doing their job properly, how else is he supposed to protect his family and property?! I believe this issue has nothing to do with racism but with protecting our rights, rights that those people coming here illegally DO NOT HAVE and we are proud of those and want to keep it that way. I'm ashamed at what is becoming of our government!! "

    Laughs Heroic Rancher wrote on Feb 10, 2009 1:04 PM:

    " This is all something he was doing to protect his family?! Were they in the house or actively doing damage? Was the unarmed female kicking his kids or wife while they were down on the ground? Each case has its own circumstances. So now Heroic is equivalent to hiding behind a gun and a big dog. PLEASE!! There is special places for a human being that treats another in that manner. His POOR property must have been scared senseless when those people approached. It's laughable. "

    Cynic wrote on Feb 10, 2009 12:47 PM:

    " Hope the rancher wins this federal case.
    Anyone supporting illegals is a mental case. "

    Cynic wrote on Feb 10, 2009 12:38 PM:

    " Smithy Weston, Tommy D, and Ray -

    I disagree with your opinions.

    Since my property is somewhat smaller than the 22,000 acre ranch involved in this federal case, I had no problem throwing an illegal off my small suburan plotlast summer.

    But,others around here, have not been that fortunate. They have ended up severely beaten, robbed, and/or murdered. Of course, one should never object to these "culture norms" of the illegals as we would not want to offend their sensitivities or those of liberals, or be called racists for wanting to survive, would we?

    Wishing the rancher total victory and seeing the illegals and their sick supporters losing. "

    Kyle wrote on Feb 10, 2009 12:17 PM:

    " Would have been less hassle to just shoot all of them. "

    Glenn frm Reno wrote on Feb 10, 2009 9:51 AM:

    " You got off the subject. These people broke the law by crossing the border, killed cattle in the past, broke into his house, and cost him substancual monatery loss and property damage. This is like you being raped and then getting sued for not leaving the door unlocked to begine with.. "

    Angry American wrote on Feb 10, 2009 6:53 AM:

    " What is wrong with this country? A man can not even protect his own property and family anymore?

    Civil Rights violations? They were in the US illegally! THEY HAVE NO RIGHTS!

    WAKE UP AMERICA! "

    Fed up wrote on Feb 10, 2009 12:05 AM:

    " Are you high? They say he kicked a women lying on the ground? Let's see here. They are illegals, sneaking across his land, probably doing damage, definitely trespassing, Do you think they might lie about happenings? Oh poor them. Got caught trying to steal a piece of the American pie. Tell me they couldn't find another way. If you are on their side instead of that heroic rancher, you are a fool. You deserve any economic and physical hardship they bring upon you. I pray the legal establishment has the courage to uphold the laws as they stand. Don't like it? Lets see you change the laws. "

    Mike wrote on Feb 9, 2009 11:11 PM:

    " I hope the Barnetts win and countersues to stop this ridiculous matter. "

    Smithy Weston wrote on Feb 9, 2009 7:30 PM:

    " Lets see , Arizona state law says you can only threaten and use deadly force in certain cases. PEOPLE walking across leased state land isn't one. Anyone can walk, camp, or do anything they want on leased state land. He only leases the grazzing rights to it. Maybe this time he'll end up behind bars where he belongs. One can only hope he'll have a BIG MEXICAN for a cell mate. "

    Tommy D wrote on Feb 9, 2009 7:21 PM:

    " I hope the State pulls all his leased land. I for one am writing to the State to demand this. Also His towing contracts with the Feds should go too. Gezz if he has to make his money ranching, he may have to hire a few illegals. Wouldn't that be fair justice. "

    MIKE IN LOUISIANA wrote on Feb 9, 2009 6:38 PM:

    " Give the man a medal. Those people and those who are defending them are wrong and have no rights in this country. In some parts of the world, the trespassers would be shot never to be heard from again. Send them back where they came from for the man has a right to protect his family and property. "

    Dumb Boder Patrol Wife wrote on Feb 9, 2009 3:44 PM:

    " If Border Patrol was doing there job then maybe he wouldn't be put into the situation? Where is his tax money going? Where is mine going? Oh i know into the pockets of illegals since they seem to have more rights then us.... "

    Bill Durham wrote on Feb 9, 2009 12:26 PM:

    " Illegal immigrants on his privately owned land? Tresspassing would be the minimum charge...illegal immigration would be an additional charge. And he violates their civil rights by protecting his property against illegal activity? Something is definitely wrong with this picture. Does our nation have usch a guilt complex that we will protect the rights of those breaking the law to the detriment of those protecting their property against law-breakers. "

    fota wrote on Feb 8, 2009 2:53 PM:

    " Sounds like some of the b/p wifes have not been out very much ,and to see death and how many people were saved when their husband were busy some other place ,,,Wifes take a trip out there in july..MM have saved many people frem death ,,ask your brave husbands,, "

    TONY wrote on Feb 8, 2009 12:23 PM:

    " I HOPE THE BARNETTSWIN THIS CASE!!! GO BARNETTS "

    paul r wrote on Feb 7, 2009 8:18 PM:

    " Than why don't all you illegal lovers keep them down there and give them homes ,so their brats don't end up gangbangers ,selling drugs and taking up space in ths schools up here,all fine and good they just walk through your area ,we suffer the grief,protecting the U.S.A from a invasion dose not a racist make.Keep them you want them ,we don't "

    Only the bad- wrote on Feb 7, 2009 2:13 PM:

    " This probably won't be added to the comment list as my other comment wasn't. Looks like only those who express opinions against this rancher will be viewable. Hmmmm? Is the Dispatch bias? "

    Alice wrote on Feb 7, 2009 10:20 AM:

    " I have been watching this whole scenario play out over a period of several years. Interesting that the fact these individuals were here illegally has not been mentioned. My home was broken into several times in Douglas by illegals. This was documented as illegals as they were tracked to the border fence. Give me a break; you do have the right to protect your property !! Or did I miss something here. "

    Leon wrote on Feb 6, 2009 10:30 PM:

    " Roger Barnett is wrong. While any citizen has the right to protect their land and detain anyone who is trespassing on their property the whole "kicked a plaintiff as she was lying, unarmed, on the ground" takes it to an extreme that can only be categorized as racism. Protect your land, but do it in a smart, civil way! "

    Douglas resident- wrote on Feb 6, 2009 9:42 PM:

    " I just love the way this story is reported. NOWHERE is the word "alleged" used in conjunction with Barnett'a "alleged" actions towards these trespassers. Armed with a gun and a large dog? Sounds like many folks we know. Since when did it become against the law to protect our property? They break our law by crossing the border illegally (criminal) trespass and then sue! That is better than the lottery. Odds of winning something are much better. Hmmm? That must be the better way of life I hear so much about. "

    Clea wrote on Feb 6, 2009 6:10 PM:

    " What happened to the "civil rights" of American citizens and property owners? Like the right to not have drug and human smugglers tresspass on their property? Like the right to not have their property constantly trashed by people with no regard for the law who are here ILLEGALLY? Where are the people calling for the civil rights for AMERICANS? This isn't about race. It's about right vs wrong and violaters of the law and tresspassing. This observer believes that shooting tresspassers should be allowed. "

    brian wrote on Feb 6, 2009 6:09 PM:

    " Illegals are destroying the US economy. Conservative numbers clearly point out that illegal aliens cost the state of California 4.8 billion dollars a year.
    We can't afford Mexico's welfare cases. It has nothing to do with racism, and those who use the word are imbeciles at best, or special interest, pro-illegal shills at worst. "

    Student wrote on Feb 6, 2009 10:23 AM:

    " Yeah maybe he shouldn't of held them at gunpoint but calling him racist is uncalled for. I guarantee you if some white kids where out there cutting his fences and letting his cattle out or killing his cattle (which is more than likely his sole source of income) than he would of done the same thing. I agree he should of handled it differently but im sure he reached his breaking point with this issue, like many of us have. "

    Bob wrote on Feb 5, 2009 10:15 PM:

    " This guy has been a headcase for as long as I can remember. I hope they lock him up and throw the key away. "

    Minuteman Fence wrote on Feb 5, 2009 8:06 PM:

    " Minuteman Civil Defense Corps was there?What a joke. Let me guess, it was Al Garza. "

    Border Patrol Wife wrote on Feb 5, 2009 4:17 PM:

    " This man is insane and a racist, being a U.S citizen does not give you the right to mistreat anyone. Let the officials that are trained by law do their jobs (BORDER PATROL!!!!!) "

    Ray wrote on Feb 5, 2009 3:04 PM:

    " These people deserve to be in jail for a long time. This whole anti-immigrant issue in souther Arizona is becoming ridiculous. If you want to protect the border join the border patrol. It's almost a mental problem with the people who consume their time to attacking illegal immigrants. These people aren't doing it to "protect our borders" these people are flat our racist. That's why it explains the old white men in this minute man group. The group is a modern KKK but using the law as an excuse for their racist behavior. So sad, but this is a new time and those types of people will soon fade away. "

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