TUCSON — Jurors began deliberating Friday in federal court to decide if a rancher violated the civil rights of some illegal immigrants on property located near Douglas along the U.S.-Mexico border.
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There are six plaintiffs in this case: Jorge Perez, Rigoberto Perez, Sara Vasquez, Sandra Velazquez, Adela Vicente and Ana Marie Vicente.
The civil trial, which is being held in U.S. District Court in Tucson, started Feb. 2. Attorneys made closing arguments and Judge John Roll read a set of instructions to the jury on Thursday. Jurors will start deliberating today.
On March 7, 2004, Barnett allegedly victimized the plaintiffs and others by assaulting them at gunpoint, swearing with obscenities and racial slurs, threatening attack by a vicious dog and kicking one of the individuals — Ana Marie Vicente — in the leg.
David Urias, an attorney for the plaintiffs, said Barnett yelled at them in English and in broken Spanish. He said they were terrorized, and they believed they would be shot and killed at any moment.
However, David Hardy, one of the attorneys representing Barnett, pointed out that a photo taken of the woman’s leg after the incident does not show any redness, scraping or bruising.
And, he pointed out Barnett speaks very limited Spanish, so he could not make a complex statement to the plaintiffs, such as saying his dog was hungry and would bite.
The plaintiffs claim that upon arrival of a Border Patrol agent at the scene, some of the individuals tried to explain what Barnett had done, but Barnett intimidated them so they would not repeat their statements.
Hardy, on the other hand, said when the agent arrived, Barnett had his gun in its holster and he was just standing there.
Urias said the plaintiffs told the truth during the trial, but Hardy said some of the them recounted different versions of what happened or changed their stories.
Urias described Barnett as a man who enjoys hunting for illegal immigrants along the border and thinks humans are the greatest prey because they are smarter than animals.
He said Barnett sets up sensors, uses sophisticated vision equipment and carries an assault rifle. Also, he usually wears certain clothing in order to fool people into thinking he is an official.
Hardy said at the time of the incident, Barnett’s property was inundated with illegal immigrants who left trash on his property, damaged his water supply and harmed his cattle.
As a result, he chose to search for illegal immigrants and detain violators until Border Patrol officials could respond.
The defense claims that when Barnett approached this particular group, he kept his gun drawn until he realized he was not in danger. Barnett needs to be cautious of all illegal immigrants, Hardy explained, because they could be armed drug smugglers.
Urias said frustration may have pushed Barnett over the edge, but it does not justify his actions. He told jurors to send a message by making him pay compensatory and punitive damages.
“Make Mr. Barnett think twice before he terrorizes other people he finds along the border,” he said.
Hardy asked the jurors not to award the plaintiffs with any damages because their case is based on false accusations and unbelievable testimony.
The eight-person jury is made up of four men and four women. If the jurors find in favor of the plaintiffs, they must reach a unanimous vote on the amount of damages Barnett must pay.
Jurors can set compensatory damages for each of the five counts. If they don’t set compensatory damages, they can set nominal damages in the amount of $1.
The battery count applies only to plaintiff Ana Marie Vicente. The civil rights count and the emotional distress count also carry the possibility for punitive damages.
The trial has been attended and monitored by several people who are vocal on the illegal immigration issue.
About 10 representatives of Border Action Network, a civil rights group in Tucson, gathered Thursday morning in front of the courthouse to protest against Barnett. They chanted and held signs with comments such as “Barnett is not above the law” and “Stop racist vigilantes.”
At the start of the trial last week, some representatives of the Minuteman Civil Defense Corps and Arizonans for Immigration Control rallied in support of Barnett in front of the courthouse, according to Pima County political activist Roy Warden.
Comments
paul wrote on Mar 13, 2009 6:48 PM:
Lehi wrote on Mar 12, 2009 2:02 PM:
paul wrote on Mar 6, 2009 12:11 AM:
Chris wrote on Feb 18, 2009 6:58 PM:
By the jury's reasoning, the time I stopped and held for the police, two young men breaking into a neighbors car with my Remington 870, I violated their rights? And I should compensate them for their rights during their criminality? I find that insane.
In college during the early 1970's I would see the La Raza-MALDEF tpyes in their brown military style shirts and remember how they used to try and provoke people into a fight. They haven't changed a bit. "
MaryJ wrote on Feb 17, 2009 5:10 PM:
Rossi wrote on Feb 17, 2009 2:30 PM:
“Stop racist vigilantes.”---That's laughable... What part of illegal alien is it that people don't understand. These 16 people broke the law by entering the U.S. illegally and were trespassing, yet Mr. Barnett is being sued because he was protecting his family and property. Maybe if these illegal aliens had followed the "legal" process of entering the U.S. then maybe they would not have had this experience!!!! Sorry, these people get no sympathy from me what-so-ever. As far as I'm concerned Mr. Barnett was doing a job that his government failed to do, I'm talking about the boys and girls in Washington. Mr. Barnett is a hero. "
Estoban wrote on Feb 17, 2009 9:23 AM: