The New York Times WASHINGTON — President Bush on Monday commuted the sentences of two former border patrol agents who had been sentenced to more than a decade in prison for shooting and seriously wounding a Mexican drug dealer in Texas in 2005.With a day left in his presidency, Mr. Bush exercised his constitutional power to grant clemency — for the last time, according to a senior White House official — in a case that has touched off fierce debate in the Southwest. The two former agents, Ignacio Ramos and Jose Alonso Compean, had attracted considerable support among advocates of tougher border security, who argued that the agents were just doing their jobs.
“Nothing could be further from the truth,” the lead prosecutor in the case said in 2007, scoffing at the idea that the defendants were defending themselves. The agents said at trial that they had scuffled with the dealer, Osvaldo Aldrete Davila.
“These agents shot someone whom they knew to be unarmed and running away,” said the prosecutor, United States Attorney Johnny Sutton. “They destroyed evidence, covered up a crime scene and then filed false reports about what happened. It is shocking that there are people who believe it is O.K. for agents to shoot an unarmed suspect who is running away.”
The incident touched off heated debate about law enforcement and illegal immigration. A Senate Judiciary Committee hearing in 2007 brought out the fact that Mr. Aldrete-Davila had crossed the United States-Mexican border illegally and driving a van containing 743 pounds of marijuana worth almost $1 million.
Nor did the furor over the case break along neat liberal-conservative lines, as demonstrated by statements made in 2007 by Senator Dianne Feinstein, a Democrat of California who is considered moderate to liberal. “It is true that the bullet left Aldrete-Davila permanently injured and that what the agents did was wrong,” the senator said. “But it is also true that Aldrete-Davila was not likely a low-level wrongdoer who got caught in the wrong place at the wrong time.”
Those who rallied behind the defendants were furious that Mr. Aldrete-Davila was granted immunity from some drug crimes in return for his testimony against the defendants.
The defendants were convicted of shooting Mr. Aldrete-Davila in the buttocks as he fled across the Rio Grande, away from the van. Not only did the defendants not report the shooting, but they tried to conceal what they had done by picking up spent cartridge casings, Mr. Sutton said.
Both agents were convicted of assault with a dangerous weapon and several other crimes. Mr. Compean was sentenced to 12 years in prison, to be followed by three years of supervised released, with a $2,000 fine. Mr. Ramos was sentenced to 11 years, with the same supervised release and fine.
Several members of Congress in both parties, including Senator Feinstein, have said they thought the sentences excessive.
The commutation granted by President Bush means the prison sentences of the men, both from El Paso, will expire on March 20, the Justice Department said. The supervised release and fines will still apply.
The leniency was granted to the former agents even though the Justice Department had not completed its review of the case, according to officials at the agency. A president’s constitutional power to grant pardons or commutations is unfettered, but Justice Department officials sometimes feel resentful if leniency without their full review.
A commutation is not as generous as a presidential pardon, which essentially erases a crime from a defendant’s record. There had been speculation that President Bush would grant clemency to some high-profile defendants, but the White House official said the two ex-agents would be the last to benefit.
I. Lewis Libby Jr., former chief of staff to Vice President Dick Cheney, could have been granted a pardon for his role in the leaking of a C.I.A. agent’s name and an attempted cover-up. In July 2007, Mr. Libby’s prison sentence was commuted. Nor was there any clemency for former Alaska Senator Ted Stevens, who in late October was convicted of ethics violations for not reporting gifts and services given by friends. Mr. Stevens would lose his bid for a seventh term.
In an interview with an El Paso television station two years ago, President Bush signaled that he would at least look at the case of the former border agents. “There are standards that need to be met in law enforcement, and according to a jury of their peers, these officers violated some standards,” Mr. Bush said.
But he went on to say that “people need to take a hard look at the facts” of the case and added, “I will do the same thing.”
Jim Rutenberg and Eric Lichtblau contributed reporting.
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Gas consumers in eastern Europe were hit overnight by the cutback, but by morning the impact was spreading further west towards Gazprom’s biggest European buyers.
Naftogaz, the Ukrainian state gas company, said shortages via its gas pipeline had hit countries further west and south because Gazprom had cut gas deliveries bound for Europe threefold.
But Gazprom blamed Ukraine for the cut-off, saying Naftogaz had refused to provide technical protocols for gas transit and sent gas pipeline dispatchers home late on Monday.
Alexander Medvedev, deputy chief executive of Gazprom, said the company “was being held hostage by Ukraine”.
Ukraine did not cut gas supplies to Europe, Ukraine’s ambassador to Turkey Sergei Korsunsky insisted on Tuesday. Mr Korsunsky also told reporters Ukraine had enough gas in storage to meet its needs until April and that the country had forwarded a new offer to begin negotiations again with Gazprom
Bulgaria and Turkey said gas supplies through a pipeline running south from Ukraine halted altogether on Monday night.Bulgaria, which is 100 per cent dependent on Russian gas, instructed industrial gas users to switch to alternative fuels and urged households to use other forms of heating.
Hilmi Guler, Turkey’s energy minister, said Turkey had increased Russian gas imports through a pipeline across the Black Sea although extra supplies were insufficient to compensate for the shortfall through the pipeline from Ukraine.
Romania said Russian gas supplies had fallen by 75 per cent below contract levels on Tuesday, accelerating a decline that began late last week.
Germany and the European Union are set to pile pressure on Gazprom to find a swift solution to the dispute later on Tuesday when Mr Medvedev meets officials in Berlin.
Brussels on Tuesday called for the immediate resumption of gas supplies to Europe and urged the two sides to resume talks immediately. ”Without prior warning and in clear contradiction with the reassurances given by the highest Russian and Ukrainian authorities to the European Union, gas supplies to some EU member states have beensubstantially cut,” the EU said in a statement.
”Gazprom must meet all its contractual obligations – this also applies to deliveries to other EU states,” Michael Glos, economics minister, told the Frankfurter Allgemeine newspaper prior to the meetings. He urged the two sides to resume talks ”immediately”. Germany relies on Russia for around 40 per cent of its natural gas imports.
”At stake is nothing less than Russia’s reputation as a reliable supplier and Ukraine’s reputation as a secure transit country,” Mr Glos said.
German gas importers have so far reported few difficulties obtaining Russian gas deliveries but the problem is rapidly nearing the borders of Europe’s biggest economy. Austria on Tuesday said Russian supplies had fallen to just 10 per cent of their normal levels.
Vladimir Putin, Russia’s prime minister, on Monday ordered Gazprom to cut supplies to Ukraine, hours after Kiev took steps to annul a long-term contract signed with Russia in 2006 governing the transit of gas to Europe.
Gazprom urged Ukraine to return to gas talks that broke down on December 31st after the two sides failed to agree on gas pricing and transit terms for 2009.
Vadim Karasyov, a political advisor to Ukraine’s president Viktor Yushchenko, said the dispute had gone so far that it was ”less clear what agreement could be reached and what the losses and gains would be for each side.”

