DawgTalkers.net Forums DawgTalk Tailgate Forum Man sentenced after leaving water bottles for immigrants

http://www.cnn.com/2009/CRIME/08/13/arizona.immigrant.advocate/index.html?iref=topnews

(CNN) -- An Arizona man caught leaving water bottles in the desert for illegal immigrants has been sentenced to 300 hours of community service and a year of probation, an aid group said.

Walt Staton, a member of the group No More Deaths, left full water bottles in December in Buenos Aires National Wildlife Refuge for the illegal immigrants who routinely pass through the 18,000-acre refuge, according to court documents.

A judge sentenced him Tuesday to 300 hours of picking up trash on public property and a year of probation, No More Deaths said in a written statement. He is also banned from the refuge during that time, the group said.

Although the case involved only a misdemeanor charge, both sides used the divisive issue of illegal immigration in their arguments; Staton's lawyer argued that Staton's actions were humanitarian, but the government said otherwise.

In a sentencing memo, the federal prosecutors wrote that Staton's "actions are not about humanitarian efforts, but about protesting the immigration policies of the United States, and aiding those that enter illegally into the United States."

Noting the phrase scrawled on many of the plastic water jugs -- "buena suerte," or "good luck" in Spanish -- the prosecutors said, "The obvious conclusion is that the defendant and No More Deaths wish to aid illegal aliens in their entry attempt."

They also said, as did the U.S. Fish and Wildlife Service, that leaving the full plastic jugs on the refuge is detrimental to the health of the animals that live there.

Citing a biologist, the prosecutors said that animals could eat the plastic and that others could get feet or antlers caught on the bottles.

Prosecutors had requested a $5,000 fine, along with five years of probation, according to court documents.

Staton, whom No More Deaths says is to begin seminary school at the Claremont School of Theology in Claremont, California, had initially refused to pay a $175 fine for littering, said Staton's lawyer, Bill Walker.

After his refusal, the government enhanced the charges against him, arguing that he "knowingly littered," said Walker, who is also a member of No More Deaths.

The charge can carry a $100,000 fine and a year in jail, Walker said. Charges against three other people who were cited with Staton in December were dropped, he said.

A jury convicted Staton in June of littering. Walker said he is appealing.

"We think that Walt did nothing wrong," he said. "We do not think that this conviction will be upheld on appeal."

He described Staton as "the kind of guy you'd want to have as your next door neighbor."

Phone calls to federal prosecutors were not immediately returned.

Mike Hawkes of the Buenos Aires National Wildlife Refuge said Thursday that although he had no issue with groups leaving water out for illegal immigrants, "there's ways to do it without leaving plastic jugs out there."

He said the plastic jugs were strewn throughout the refuge, which is home to hundreds of bird, reptile and mammal species, according to its Web site.

"We have sympathy for what they have to do," he said. But "they have do to do it without putting plastic bottles out there. ... You can't go anywhere in the refuge without seeing plastic bottles through the countryside."

Hawkes said refuge officials and members of No More Deaths had met and were trying to come up with methods that don't involve plastic bottles.

Staton is the second member of No More Deaths to be convicted of littering, according to court documents; however, the other received a suspended sentence.

Walker said that after Staton's conviction, 13 No More Deaths members were charged with littering on the refuge.

With tens of thousands of illegal immigrants crossing through the refuge -- Hawkes said last year's number was about 54,000, down from hundreds of thousands years earlier -- the last water-related death there was in June 2008, he said.

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In a sentencing memo, the federal prosecutors wrote that Staton's "actions are not about humanitarian efforts, but about protesting the immigration policies of the United States, and aiding those that enter illegally into the United States."

Noting the phrase scrawled on many of the plastic water jugs -- "buena suerte," or "good luck" in Spanish -- the prosecutors said, "The obvious conclusion is that the defendant and No More Deaths wish to aid illegal aliens in their entry attempt."

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Or maybe he just wnated to help them out by leaving water for them. Interesting situation, though.

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Staton, whom No More Deaths says is to begin seminary school at the Claremont School of Theology in Claremont, California, had initially refused to pay a $175 fine for littering, said Staton's lawyer, Bill Walker.

After his refusal, the government enhanced the charges against him, arguing that he "knowingly littered," said Walker, who is also a member of No More Deaths.

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Of course they upped the charges once the guy refused to bend over.

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Staton, whom No More Deaths says is to begin seminary school at the Claremont School of Theology in Claremont, California, had initially refused to pay a $175 fine for littering, said Staton's lawyer, Bill Walker

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Perhaps it's just the way I'm reading that, but if the kid is heading into the seminary, I'd say it's a safe bet that his intent was NOT to litter. Just a guess.. and I think it could have been handled better.. Bad judgement in my eyes..

Beyond the actual facts of the case (which are interesting)...

I personally know of quite a few situations where folks who did far worse got lighter sentences than this guy. 300 hours of community service? Are you kidding me?

300 hours for a misdemeanor at that!!

I really hate when courts use sentences as a way to get revenge on people or send a message when it is a higher profile case.

KING

Here's a question... If crossing the border is illegal and illegal acts are crimes and people who perform illegal acts are criminals... wouldn't the guy be aiding and abetting criminals? But if you have no problem with illegal aliens crossing the border than you should pay more taxes to support them..

I think he was stating that only being charged for littering, is light. Since his intentions were to make it easier for illegals to enter, therefore, he was techincally aiding and abedding and was lucky he didn't get charged with it.

from the article, they initially wanted to charge him with littering and a $175 fine....that would have been the end of it.

instead, he wanted to make a statement out of the ordeal, so they heightened the charges and he ended up with his sentence. he get this publicity and as a charge he gets 300hrs of community service. i am sure he is not upset about that.

Humanitarian effort would be to drive around the area with water, and when they encounter illegals, to give them water, and tell them to return to Mexico and that the authorities will be called in 15 minutes if they turn back, or now if they refuse to do so, and give them a head start back.

Darn hot out here. I view providing water to those in need as being a very Christian act.

http://spirituallife.freedomblogging.com...y-migrants/687/

Delivering water in the Arizona desert for thirsty migrants
April 18th, 2009

It’s April, so it means my wife and I would sign up again to deliver water to the tanks in the southwest Arizona desert in the Organ Pipe Cactus National Monument. It’s one of our favorite volunteer projects — helping what’s called “Humane Borders,” a humanitarian effort on the state’s southern flank.

We deliver water to blue tanks strategically placed so, should migrants from Mexico cross the parched and hostile desert in that corridor, the water could be the difference between their living and dying. The water is made available in 50-gallon tank positioned on their sides with spigots that can be turned on to refill jugs.

For one month every third month, my Tempe church is responsible for sending a small team each Saturday to Ajo to pick up the customized truck equipped with a large plastic tank, a set of five-gallon jugs, two wheelbarrows, tools and chlorine tablets. We have five teams, primarily married couples, who are often joined with one or two others on each trip. We drive to Maricopa to Gila Bend and then to Ajo. There we pick up the truck, service it and drive 30 miles on Highway 85 to Organ Pipe.

There we back up the truck, under a canvas spigot at the maintenance yard behind the Monument headquarters and put 150 gallons into the tank, throw the truck into overdrive and head on roads to the tanks. For one station, we fill the jugs and put two or three of them in each wheelbarrow and push them over gritty desert terrain, up hilly paths and through sandy washes to the tanks. There we test the tanks’ water for the proper chlorine level and fill each tank to the brink. We gather any trash in the area and take that back with us. In mid-summer we leave as early as 5 a.m. from Tempe so we are not working in the afternoon in the desert.

In June and during the summer months, our corridor has five stations in the desert — some deep in the desert with hard-to-follow paths. We bounce over rough terrain. Sometime the truck crawls to get over rough landscape, pass through arroyos and squeeze past prickly brush, cactus and trees.

During the trip, we never have seen migrants. This Saturday, outside the park, the Border Border had apprehended three men and had them in handcuffs. A helicopter buzzed overhead.

The Arizona State University graduate student accompanying us, who was born in Mexico, found a tuna can and about eight Mexican coins in a shady area while we were doing. Several times we have found discarded bicycles, plastic gallon jugs and clothing. The Bible says:

“They will neither hunger nor thirst, nor will the desert heat or the sun beat upon them. He who has compassion on them will guide them and lead them beside springs of water.” — Isaiah 49:10

Founded in June 2000, the program is based at First Christian Church in Tucson, whose senior pastor, The Rev. Robin Hoover, is president. The first Humane Borders water station was set up March 7, 2001. I have taken part since January 2005, and my wife joined in 2007. The non-profit organization operates on about $200,000 annually, most of it from churches and corporate sponsors, although the Pima Country Board of Supervisors provides some help.

Still, records show that from Oct. 1, 1999 to Sept. 30, 2007, there were 1,138 migrant deaths in the desert. Humane Borders’ symbol is appropriately water pouring from the big dipper or the “drinking gourd” from the slavery abolitionist movement.

There are about 65 of us drivers, but Humane Border has about 10,000 volunteers. Combined there are 70 trips per month May to September to fill the tanks. It is reduced to 30 trips monthly October through April.

The Associated Press on April 9 reported that despite a 25 percent drop in Border Patrol arrests along the border, deaths in the dessert had gone up.

“The number of migrant deaths along the roughly 2,000-mile border increased by nearly 7 percent between Oct. 1, 2008, and March 31, 2009, though apprehensions of people crossing illegally from Mexico into Texas, New Mexico, Arizona and California decreased in the same period from a year ago, the patrol said,” AP said. “Migrant rights groups said the number of deaths directly correlated to increased enforcement along the U.S.-Mexico border.”

Our church is assigned the Saturdays of January, April, July and October. For our team, it is a 10-hour commitment to make the trip in our own cars to Ajo, get the truck ready, handle the task, and return home. . When equipment problems arise, new flags need to go up after fierce winds or we get lost finding stations, it can be a 12-hour day. But always fulfilling even if we never see those we serve.

Sounds like that person wants a pat on the back. Sounds like a "look at me and what I'm doing" kind of article.

If helping illegals come to the u.s. is so important, why doesn't he/she just give them a ride to their house and feed them, give them water and clothes? That would be Christian like also, maybe even more so.

For purpose of a medical emergency the group may provide transportation to illegal immigrants, but are instructed to first contact the Border Patrol before doing so.

I thought the writer made most clear than this particular Christian effort is concentrated on the prevention of unnecessary deaths by providing water. That its purpose is in aiding illegal immigration is strictly your assumption. My assumption is that the illegal immigrants would rather avoid this help unless truely in grave need for it could expose them to greater risk of being spotted by the Border Patrol.

Nothing ticks me off more than hiking in the woods and seeing litter....especially wildlife refuges and national parks. If there are that many water jugs out there, they actually should make an example out of those caught in the act.

Seems to me you're saying that if the choice came down to breaking a law or saving a person's life you'd bow down to the government.

I'd call the police or border patrol. I'd give them water when they were on their way back.

I give them help as we sit and wait for border patrol.

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the writer made most clear than this particular Christian effort is concentrated on the prevention of unnecessary deaths by providing water.

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To prevent unnecessary deaths, don't wander across the desert in the first place... I understand the humanitarian aspect of this.. that doesn't mean that I completely agree with the result of their efforts, which is essentially to make it easier for people to commit a crime.