Homeland Security Helo Pilot on Trial

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A Hughes OH-6 Cayuse helicopter similar
to the one flown by DHS pilot James Peters
in December of 2005.

James Peters, a 40-year-old helicopter pilot for the Department of Homeland Security, went on trial this week for his role in the aftermath of the death of an alleged border crosser back in 2005. In federal court in Houston, Texas, Peters is accused of making false statements to prosecutors about the incident, which resulted in the death of a man identified in court documents as Carlos Degadillo Martinez, who drowned, prosecutors say, after he was blown off of his makeshift inner tube raft by the downwash from Peters’ helicopter.

Border Patrol agents nearby reportedly witnessed the event. Federal attorneys say that Peters had claimed that he would force would-be border crossers to turn around. Camera footage from the international bridge nearby seemed to confirm that Peters did indeed fly low over the water at the time that Martinez drowned, but Peters claims that he did not fly dangerously low and never intended to use his helicopter to force the border crossers back to Mexico.

Peters has pleaded not guilty to the charges of making false statements. If convicted, he faces up to five years in prison and a $25,000 fine. Martinez’s death prompted protests at the American consulate in Nuevo Laredo. His family is reportedly suing the United States for wrongful death and is seeking $5 million in damages.

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Submitted by Dave Yates on August 30, 2011.

First Let's not forget the fact that MR. Martinez was committing a crime here! the media seem to never mention that; add to that MR.Peters was tasked with the Job of deterring "or rounding up" illegals" let me restate that ILLEGALS, second I'm sure even if Mr.Peters did blow him off of the inner tube he did not wish any harm to come to him;

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Submitted by bosshawk on August 30, 2011.

If we had more DHS employees like Mr. Peters, we would have fewer ILLEGAL border crossers.

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Submitted by randsue80 on August 30, 2011.

I find it interesting that the Federal Prosecutor is so zealous in prosecuting DHS personnel and so lackadaisical about cases involving illegal immigrants! Unless this pilot has a history of reckless behavior as a pilot which would likely endanger persons on the ground or water then what is this about?
As a retired Law Enforcement officer I have on occasion seen Prosecutors who actually are more interested in punishing the law enforcers than the law breakers. I really believe that some of them are anti-cop anti-establishment, and only took their job so they could do as much damage as possible.

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Submitted by BrianHA on August 31, 2011.

..............The fact that Carlos Degadillo Martinez was committing a crime that day is a foregone conclusion. But he lacks the intelligence to understand the gravity of his actions of trying to float on an inner tube in to the US. He is an uneducated, simple minded, opportunity worker, who's desperation will drive him to do much worse things, should the need present itself. None of it however, will ever excuse his actions. Breaking the law, is breaking the law. The fact that he should be caught, cuffed, and unceremoniously escorted back in to Mexico is also a forgone conclusion.

But here is my question: Did James Peters understand and realize that if he flew his chopper too close to the hapless floater on the water, the guy will very likely get tossed overboard from his makeshift craft and will likely drown? .....and had any of you guys been James Peters that day, flying your chopper over the water where old Carlos Degadillo Martinez was floating on his inner tube, would you all have also deliberately dropped the chopper down until Carlos's inner tube capsized sending him in to the water?

Interesting question to have to answer .....isn't it?

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Submitted by williamsvaughn on August 31, 2011.

George Bush and his cronies start an illegal war in Iraq based on lies and James Peters blows a Mexican trying to illegally cross the border into the U.S. off a tire tube, and WHO GETS PROSECUTED??? This is truly sick.

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Submitted by BrianHA on August 31, 2011.

Yeah but just because George Bush cannot be prosecuted as readily as James Peters can be prosecuted, it is no reason to say..........well old George got off with his crime of sanctioned murder of innocent Iraqi civilians, so let's just overlook James Peters and his well intentioned drowning of a dumb Mexican. After all, surely isn't James's crime, considerably less severe than that what old George did in Iraq?............Man some of you guys are just out to lunch!

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Submitted by Mtweiss on August 31, 2011.

Peters is NOT being charged with murder or manslaughter or even reckless conduct leading to the death of the rafter. He is accused of lying to authorities ABOUT his intentions that day. He probably was a young (2005 makes him 34) frustrated officer who meant no actual harm to the decedent but then lied when confronted with the video of him rotor washing the guy into the river. Others came forward to state that he intended to use this unauthorized method of deterring any water crossers, and knowing his job was on the line if he admitted to the same, lied to investigators. That's what this case is about - not the death of the drowned illegal but the lying of a federal employee about his role in the same.

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Submitted by QuarlI on August 31, 2011.

The federal government has no desire to stop illegal border crossings. One day it will come back and haunt us as we already know that terrorist live among us and have crossed those borders (and yes I work for DHS.) Should this gent have lied, no but then again the system is against them no matter what tactics they use to stop these folks from coming across.

Mexico’s government is filled with corruption and the Cartels run the country. Many of these folks are trying to get into the US just to have a paycheck to send home to families who have nothing. Never the less our agents along the border are there to try and protect us the citizens and their tactics are sometimes called into play by the liberal folks who see no harm with these people moving into the US illegally.

Perhaps innocent American citizens caught in the cross fires of Drug Cartels in Mexico should sue the Mexican government…wait that has been tried and the United States Government intervened and refused to allow such suits claiming civil suits such as these would do harm to the political standing between the two countries.

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Submitted by butterup on August 31, 2011.

How in the world did George Bush get into this conversation?? This is the exactly why this country has become the way it is. Childish thoughts instead of dealing with the real problems. "COWBOY UP"! Great comment Mtweiss.

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Submitted by FLY71 on August 31, 2011.

A man is in trouble for lying and a man has lost his life for not following the proper procedure for legal entry into our country. Sad but true, neither incident should have occurred. Had Mr. Martinez done the right thing and sought legal entry into the country, he would still be alive.

I am sure there are many good people out there just trying to better themselves, but it is very true, illegal immigrants cannot afford the cost of living here, which can cause them to do bad things. Just two days ago, "illegals" broke into my sister's home and stole all of their computers, jewelry, coins and gun collection (AND ammunition). Their 8 yr old dog, a relatively aggressive one that was most likely defending his house, has not been found. Material things can be replaced, at a cost to their insurance company (and all of us), but the dog is irreplacable. One of the men was caught, thanks to a police dog, but the rest and all of the stolen items are long gone.

Illegality, no matter how you look at it, costs us all in the end.

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Submitted by BrianHA on August 31, 2011.

Sure it is indeed what this case is all about Mtweiss. Lying to the prosecutors about what happened. You are quite right, James Peters is not being charged with murder, manslaughter or even reckless conduct as you correctly pointed out. Merely a charge of lying about what happened.

But I find that terribly offensive to my sensibilities. As I mentioned before, Carlos Degadillo Martinez broke the law by trying to raft his way in to Texas. But intended or not, I doubt that a person can go and casually murder the guy, and then claim that Peters meant no harm, and that Carlos would still be alive had he pursued legal methods of entry, while true, it is still no justification for murdering the guy.

Intended or not, Peters took it upon himself to teach the bad Mexican man a lesson in proper border etiquette, and it went horribly wrong. At the very least manslaughter is appropriate I think. Just because he was a vagrant Mexican, illegally trying to enter the US, and just because Peters was frustrated about the whole thing was no reason to become reckless and stupid with a helicopter!

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Submitted by HighFlyer1 on August 31, 2011.

We need more security people like this pilot. What part of illegal do people not understand? Hopefully this stopped other from crossing.

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Submitted by Jackson on August 31, 2011.

The government doesn't care about illegal immigration and here in MA we can prove it everyday. President Obamas aunt is illegal and lives in public housing collecting welfare. A federal judge has recently granted her assylum. The presidents illegal uncle was arrested for drunk driving up here last week. The lawyer that got his aunt assylum is now working on uncles case.

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Submitted by Loboblanca on August 31, 2011.

Mr. Martinez died because he tried to cross the Rio Grande on an innertube and obviously couldn't swim. The Rio Grande is not running very high this year due to a drought this summer. Falling off his innertube, even if the helo's downwash knocked him off, is not what killed him. We do not yet know what it was the pilot allegedly lied about. It was clearly not his fault, regardless.

For those who (virtually always) insist on turning things like this into a political argument, and blame it on either Bush or Obama, our country's immigration policy is not responsible for either the death of an illegal alien, nor the purgory of an ICE pilot.

I'm not a big fan of President Obama, but it needs pointing out that he has done more for stopping illegal immigration than Dubya, Clinton, Bush Sr, and Saint Reagan ever did. He increased the amount of National Guard troops on our border well above what his predecessor had in place, and his administration has the highest deportation rate of any sitting President. We're currently deporting over 1000 illegal aliens per month. There's enough for us to be upset with our President as it is, without people making stuff up. People need to stop believing everything their guy says on the radio; it's his job to piss you off. Just because we agree with someone doesn't mean they're telling us the truth.

I agree with one poster who said it best: This is Flying Magazine, we should be talking about flying.

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Submitted by AndyG on September 03, 2011.

I can't believe that my fellow pilots are so heartless. I can't tell from the data whether or not the helo pilot meant to douse this guy or not, but I also can't tell whether the poor sap that was willing to risk his life on an inner tube of all things to get to a better life, was a criminal or just a guy trying to feed his family. You read every day about people braving the desert or the river to get her-"land of the free " - remember.
I'm sorry about the fellow who was robbed by illegalls, but my house and several others on my street were burned down by a wealthy snot-nosed white guy from Wellelsey. It doesn't mean that I feel that all people from Wellelsey are going to be firebugs.
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