Introduction to the Case
A protester was acquitted Wednesday of charges that he assaulted a federal agent during widespread protests against immigration crackdowns in Los Angeles, just hours after one of the faces of President Trump’s enforcement policies took the stand to testify against him.
Testimony of U.S. Border Patrol Sector Chief Gregory Bovino
U.S. Border Patrol Sector Chief Gregory Bovino — the brash agent who led a phalanx of military personnel into MacArthur Park this summer — was called as a witness Wednesday in a federal misdemeanor assault case against Brayan Ramos-Brito, who was accused of striking a federal agent. Bovino, who flew in to testify from Chicago, the latest city targeted for an immigration enforcement surge, said he witnessed the alleged assault committed by Ramos-Brito in Paramount on June 7. Bovino was questioned by the defense about previous comments he made referring to undocumented immigrants as “scum.”
The Acquittal
The jury came back with the acquittal after a little over an hour of deliberations. The case could prove to be an ominous bellwether for embattled acting U.S. Atty. Bill Essayli, who has struggled to win indictments against those charged with committing crimes while protesting aggressive immigration enforcement in Southern California. Prosecutors originally brought a felony charge against Ramos-Brito, which was reduced to a misdemeanor.
Trial Proceedings
During the two-day trial, a number of videos were displayed showing a Border Patrol agent shove Ramos-Brito, but none clearly illustrated his alleged attack on the agent. Outfitted in his green Border Patrol uniform, Bovino was the lone Border Patrol agent to testify that he witnessed Ramos-Brito drag his arm back and strike an agent with an open palm in the chest. Ramos-Brito and his attorneys declined to comment after the verdict, but were seen celebrating the acquittal in the downtown federal courthouse. A spokesman for the U.S. Attorney’s Office declined to comment.
Cross-Examination of Bovino
On a cross-examination, federal public defender Cuauhtemoc Ortega questioned Bovino about being the subject of a misconduct investigation a few years ago and receiving a reprimand for referring to undocumented immigrants as “scum, filth and trash.” Bovino said he was referring to “a specific criminal illegal alien” — a Honduran national who he said had raped a child and reentered the United States and had been caught at or near the Baton Rouge Border Patrol station. “I said that about a specific individual, not about undocumented peoples, that’s not correct,” he said.
Previous Comments by Bovino
Ortega pushed back, reading from the reprimand, which Bovino signed, stating that he was describing “illegal aliens.” “They did not say one illegal alien,” Ortega said. “They said you describing illegal aliens, and or criminals, as scum, trash and filth is misconduct. Isn’t that correct?” “The report states that,” Bovino said.
Background on the Protests
Since June, more than 40 people have been charged with a range of federal offenses, including assaulting officers and interfering with immigration enforcement, at either downtown protests or the scene of immigration raids throughout the region this summer, the U.S. attorney’s office in L.A. said this week. Ramos-Brito’s case was the first to go to trial.
Closing Arguments
In closing arguments, Ortega accused the Border Patrol agent at the center of the case of lying and Bovino of “trying to cover up for him.” He cited Bovino’s past reprimand as evidence that he harbors bias. But prosecutors pushed back on that, with Asst. U.S. Atty. Patrick Kibbe arguing that the defense “wants you to believe that there’s some grand conspiracy against Ramos-Brito. These officers don’t know him.” Kibbe acknowledged that Bovino’s prior statements were unprofessional. “Does it have anything to do with what he saw on June 7? No,” Kibbe said. “This is not about immigration enforcement… it’s about whether the defendant struck Agent Morales.”
Reaction to the Verdict
A juror who spoke to a Times reporter outside court said Bovino’s testimony had “no impact” on their decision. The lack of video evidence in the case led him to vote not guilty, the juror said. The case centered around a protest outside the Paramount Business Center, across the street from Home Depot. Already tensions were high, with federal officials raiding a retail and distribution warehouse in downtown L.A. in early June, arresting dozens of workers and a top union official.
Details of the Protest
At the Paramount complex, which houses Homeland Security Investigation offices, protesters began arriving around 10 a.m on June 7. Among them was Ramos-Brito. Several videos played in court Tuesday showed Ramos-Brito and another man cursing at Border Patrol agents and stepping inches from their faces with balled fists. At one point, Ramos-Brito approached multiple Border Patrol agents who appeared to be Latino and said “you’re a f— disgrace if you’re Mexican.”
Alleged Assault
Kibbe said that while many protesters were “passionately” demonstrating, Ramos-Brito crossed a line by striking U.S. Border Patrol Agent Jonathan Morales. “There’s a constitutional right to protest peacefully. It is a crime to hit a federal officer,” Kibbe said. Federal public defender M. Bo Griffith, however, said Ramos-Brito was the victim of an assault, not the other way around.
Video Evidence
Both social media and body-worn camera footage played in court clearly show Morales shove Ramos-Brito first, sending him flying backward into the busy intersection of Alondra Blvd. While footage shows Ramos-Brito marching back toward the agent with his fists balled, no angle clearly captures the alleged assault. Aside from Morales, three other agents took the stand Tuesday, but none said they saw Ramos-Brito hit Morales.
Conclusion
The acquittal of Brayan Ramos-Brito is a significant development in the ongoing protests against immigration crackdowns in Los Angeles. The case highlights the challenges faced by law enforcement in handling protests and the importance of video evidence in determining the facts of a case. The acquittal also raises questions about the use of force by law enforcement and the treatment of protesters.
FAQs
Q: What was Brayan Ramos-Brito accused of?
A: Ramos-Brito was accused of striking a federal agent during a protest against immigration crackdowns in Los Angeles.
Q: Who testified against Ramos-Brito?
A: U.S. Border Patrol Sector Chief Gregory Bovino testified against Ramos-Brito.
Q: What was the outcome of the trial?
A: Ramos-Brito was acquitted of the charges after a little over an hour of deliberations.
Q: What was the basis for the acquittal?
A: The lack of video evidence showing Ramos-Brito striking the agent, as well as inconsistencies in the testimony of the agents, contributed to the acquittal.
Q: What does this case mean for future protests?
A: The acquittal highlights the importance of video evidence and the need for law enforcement to use restraint when handling protests.
