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Sheriff upset by feds' refusal to grant access
Derek Jordan/Wick Communications
Cochise County Sheriff Larry Dever said federal authorities were out of line when, acting under orders from the FBI, U.S. Border Patrol agents refused access to Cochise County deputies who responded to the scene of an incident involving a vehicle allegedly attempting to strike a Border Patrol agent on Hereford Road Monday afternoon.
"This was a clear departure - a radical departure - from anything that's been done in the past," Dever said on Wednesday.
Dever was returning from the state capitol the day of the incident, which also saw a Border Patrol agent fire his or her weapon, when he said he got the call from deputies informing him that Border Patrol agents had secured a perimeter around the scene and had launched their own investigation.
Tempers at the scene got heated, nearly culminating in a physical confrontation between the two law enforcement agencies.
"This is unprecedented. It's never happened before in my 35 years" with the sheriff's office, he said. "They have no authority to keep the sheriff or his deputies away from what is our constitutional and statutory authority to investigate."
In the past, both Border Patrol and the FBI have always respected the jurisdiction of the sheriff's office when it comes to incidents involving the Border Patrol or other federal agencies in Cochise County.
"I don't want to see that relationship destroyed because of a day of bad decisions," he said.
A parallel investigation by his office should have been conducted, but now the moment, and the evidence, are gone.
"Unfortunately, the damage is done. We don't have the physical evidence," he said. "Anything that was out there is gone. We've got nothing to take a look at but their product."
The sheriff added that by blocking off the roads in the area, the agents also prevented local residents access to their homes.
"It wasn't right. It was outside of any protocols we've ever established," he said.
When asked for comment, FBI Public Affairs Specialist for the Phoenix Division Jennifer Giannola said, "The FBI takes the relationships with our state and local partners very seriously. We value the historically good relationship we have had with Sheriff Dever and the Cochise County Sheriff's Office and we are working with him to address his concerns."
A U.S. Border Patrol spokesman in Tucson referred all inquires about the incident to the FBI.
Dever said he has spoken with local FBI representatives as well as Border Patrol and, as of Wednesday (Oct. 19), had not received an explanation as to why his deputies were refused access to the scene.
"It will not happen again. I made that clear to both of them yesterday," he said.
The sheriff's office is conducting a separate investigation into a motor vehicle collision involving Border Patrol agents who were pursuing a Dodge pickup truck that occurred in about the same area and about the same time as the first incident.
The pursuing agents eventually rear-ended the pickup truck with their SUV on Hereford Road near Copper Glance Road. The individuals in the pickup fled the scene, while two Border Patrol agents and an illegal immigrant in the SUV were transported and treated
(Derek Jordan is a reporter at the Sierra Vista Herald/ Bisbee Daily Review.)
Cochise County Sheriff Larry Dever said federal authorities were out of line when, acting under orders from the FBI, U.S. Border Patrol agents refused access to Cochise County deputies who responded to the scene of an incident involving a vehicle allegedly attempting to strike a Border Patrol agent on Hereford Road Monday afternoon.
"This was a clear departure - a radical departure - from anything that's been done in the past," Dever said on Wednesday.
Dever was returning from the state capitol the day of the incident, which also saw a Border Patrol agent fire his or her weapon, when he said he got the call from deputies informing him that Border Patrol agents had secured a perimeter around the scene and had launched their own investigation.
Tempers at the scene got heated, nearly culminating in a physical confrontation between the two law enforcement agencies.
"This is unprecedented. It's never happened before in my 35 years" with the sheriff's office, he said. "They have no authority to keep the sheriff or his deputies away from what is our constitutional and statutory authority to investigate."
In the past, both Border Patrol and the FBI have always respected the jurisdiction of the sheriff's office when it comes to incidents involving the Border Patrol or other federal agencies in Cochise County.
"I don't want to see that relationship destroyed because of a day of bad decisions," he said.
A parallel investigation by his office should have been conducted, but now the moment, and the evidence, are gone.
"Unfortunately, the damage is done. We don't have the physical evidence," he said. "Anything that was out there is gone. We've got nothing to take a look at but their product."
The sheriff added that by blocking off the roads in the area, the agents also prevented local residents access to their homes.
"It wasn't right. It was outside of any protocols we've ever established," he said.
When asked for comment, FBI Public Affairs Specialist for the Phoenix Division Jennifer Giannola said, "The FBI takes the relationships with our state and local partners very seriously. We value the historically good relationship we have had with Sheriff Dever and the Cochise County Sheriff's Office and we are working with him to address his concerns."
A U.S. Border Patrol spokesman in Tucson referred all inquires about the incident to the FBI.
Dever said he has spoken with local FBI representatives as well as Border Patrol and, as of Wednesday (Oct. 19), had not received an explanation as to why his deputies were refused access to the scene.
"It will not happen again. I made that clear to both of them yesterday," he said.
The sheriff's office is conducting a separate investigation into a motor vehicle collision involving Border Patrol agents who were pursuing a Dodge pickup truck that occurred in about the same area and about the same time as the first incident.
The pursuing agents eventually rear-ended the pickup truck with their SUV on Hereford Road near Copper Glance Road. The individuals in the pickup fled the scene, while two Border Patrol agents and an illegal immigrant in the SUV were transported and treated
(Derek Jordan is a reporter at the Sierra Vista Herald/ Bisbee Daily Review.)
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The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Robert wrote on Oct 26, 2011 6:27 PM:
" Assault on a federal agent is a federal crime and is investigated by federal agents. FBI has the lead jurisdiction. ...Not up for debate. "
Angelo wrote on Oct 27, 2011 10:10 PM:
" Robert is confused. The Sheriff has TOTAL legal authority in his county. The FBI has to (legally) ask for permission from the Sheriff to do something as petty as executing a search warrant.
While the FBI can assist county or conduct a parallel investigation, they have zero rights if they are not granted. "
While the FBI can assist county or conduct a parallel investigation, they have zero rights if they are not granted. "
food for thought wrote on Oct 28, 2011 2:05 PM:
" After everything that has turned up with "Fast and Furious" it wouldnt surprise me if there is something the Feds dont want to be released about the incident in discussion. They made it very easy to eliminate the possibility of an outside party (CCSO) finding the truth in their investigation by simply refusing them the ability to investigate....Its very clear to me what's going on here, I just wish we knew what they are covering up this time! "
Frank E Blanchard wrote on Oct 28, 2011 2:31 PM:
" Well looks and sounds funny , what dont' the BP want us all to know ?
what happened out there , sounds like one more time Gov's cover Up is under way . bad for us all . "
what happened out there , sounds like one more time Gov's cover Up is under way . bad for us all . "
Nv wrote on Oct 29, 2011 11:34 AM:
" Since when does a so called federal
agent or agency tell the Sheriff of that
county what he will do and can do? "
agent or agency tell the Sheriff of that
county what he will do and can do? "
Fallon wrote on Oct 29, 2011 12:24 PM:
" The Sheriff is elected!
He remains the head LEO in Cochise County unless Martial Law is declared and the Constitution is suspended [Didn't FDR request and receive such a suspension when he took office? A motion to remove the suspension was moved-and-failed in the US House during the 70s]
Cochise County is not under Martial Law! The Sheriff remains The Man, and his access to any incident scene had better not be impaired by any federal agent. The posse will open a path! "
He remains the head LEO in Cochise County unless Martial Law is declared and the Constitution is suspended [Didn't FDR request and receive such a suspension when he took office? A motion to remove the suspension was moved-and-failed in the US House during the 70s]
Cochise County is not under Martial Law! The Sheriff remains The Man, and his access to any incident scene had better not be impaired by any federal agent. The posse will open a path! "
jim wrote on Oct 29, 2011 9:01 PM:
" Sounds like the FBI is working for mexico
but then so is obama and all the liberals "
but then so is obama and all the liberals "
americanpatroller wrote on Oct 30, 2011 1:27 PM:
" That sheriff is correct.
it is his county that has been adjuicated from the Feds. there is allot going on that the sheriff does not know, one is the FBI has been given a green light to be with any border patrol agent that comes across wepons in the ATF gun running opperation. that is poised too rip DOJ Eric holder, it was a story in this news paper three months ago. The sheriff has the right too be concerned. Even if the FEDS say they will be more coopperative, Yea care too bet on that promice,??? "
it is his county that has been adjuicated from the Feds. there is allot going on that the sheriff does not know, one is the FBI has been given a green light to be with any border patrol agent that comes across wepons in the ATF gun running opperation. that is poised too rip DOJ Eric holder, it was a story in this news paper three months ago. The sheriff has the right too be concerned. Even if the FEDS say they will be more coopperative, Yea care too bet on that promice,??? "
ZOO wrote on Oct 30, 2011 3:48 PM:
" The feds are not "out of line", they are criminals who, beginning with George W. Bush, are determined to bring Mexico to the U.S. for cheap labor and cheap votes. They need to be dealt with like you would deal with a burglar breaking into your house. "
Tim wrote on Oct 31, 2011 3:25 AM:
" The sheriff should arrest who ever gave the orders to stop his deputies. If any of the agents physically stopped the deputies they should also be arrested. The sheriff of this county is the supreme law enforcement authority. The way I see it is, there have already been state laws that were violated, arrest can still be made. "
concerned wrote on Oct 31, 2011 8:59 PM:
" This is payback to Larry Dever for saying that Border Patrol was turning back illegals without arresting them a couple months ago. Tit for tat.Which I happen to know, Larry was speaking the truth. However, the sheriff is the lead law enforcement in the county in Arizona. Period. The rest is just game playing by the Feds, but it doesn't bode well for the future. "
lvcop wrote on Nov 4, 2011 10:48 AM:
" Feds have no power of arrest outside federal land, unless that States Laws has been changed to allow same. The Sheriff of any County in America has the final say of allowing Federal intervention in any manner in his County, unless on Federal property within his County. "
C Allen wrote on Oct 26, 2011 2:23 PM: