Thursday, February 10, 2011

Arizona Rancher Will Fight Court Order To Pay Damages to Undocumented Immigrants

You have got to be Kidding me.

I only hope that Mr. Barnett, refuses to pay this fine.

What other Bullshit is going to come out of the Fiasco that is the U.S. Border.

An Arizona rancher who was ordered to pay nearly $90,000 in punitive damages to undocumented immigrants he confronted, with a gun, is going to request a rehearing, his attorney said.

“We’ll be filing a motion for a rehearing,” said David T. Hardy, who is representing Roger Barnett. “He feels he got screwed. I have some sympathy for that view.”

The U.S. Ninth Circuit Court of Appeals last week upheld a lower court verdict ordering Barnett to pay the damages for the 2004 incident, in which the plaintiffs claimed that he approached them with his dog and said he’d shoot them if they tried to leave.

The court said that an Arizona law permitted a person to threaten to use – or actually use – physical force against someone else when that person believes it is necessary for protection “against the other’s use or attempted use of unlawful physical force.”

But the court said that Barnett held them at gunpoint even after becoming aware that no one in the group of 16 men and women was armed, and so he could not use the argument of self-defense.

“Basically they said he took his pistol out and kept his pistol out longer than necessary,” Hardy said.

In fact, Hardy added, Barnett put his gun away after realizing that no one in the group was armed, and after feeling he was not in physical danger.

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