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A Los Angeles protester charged with assaulting a border patrol agent in June was acquitted on Wednesday after US immigration officials were accused in court of lying about the incident.
The not guilty verdict for Brayan Ramos-Brito is a major setback for the Donald Trump-appointed US attorney in southern California and for Gregory Bovino, a border patrol chief who has become a key figure in Trump’s immigration crackdown. The 29-year-old defendant, who is a US citizen, was facing a misdemeanor and was the first protester to go to trial since demonstrations against immigration raids erupted in LA earlier this summer.
Border patrol and prosecutors alleged that Ramos-Brito struck an agent during a chaotic protest on 7 June in the south Los Angeles county city of Paramount outside a complex where the Department of Homeland Security has an office. But footage from a witness, which the Guardian published days after the incident, showed an agent forcefully shoving Ramos-Brito. The footage did not capture the demonstrator assaulting the officer.
The jury delivered its not guilty verdict after a little over an hour of deliberations, the Los Angeles Times reported. Bovino testified earlier in the day and faced a tough cross-examination from public defenders.
Bovino was one of four border patrol agents who testified as witnesses, but was the only one to say he saw the alleged assault by Ramos-Brito, according to the LA Times. Videos played in court captured the agent shoving Ramos-Brito, sending him flying backward, and showed the protester marching back toward the agent, the paper reported. The videos did not capture Ramos-Brito’s alleged assault.
There were multiple factual discrepancies in DHS’s internal reports on the protest, which initially led to charges against five demonstrators, the Guardian reported in July. A criminal complaint suggested Ramos-Brito and others had attacked agents in protest of the arrests of two sisters, but records showed the women had been arrested in a separate incident that occurred after Ramos-Brito’s arrest.
A supervisor later documented the correct timeline and “apologized” for errors, records showed.
At trial, Cuauhtemoc Ortega, a federal public defender, sought to cast doubt on Bovino’s credibility, questioning him about facing a misconduct investigation several years ago, which resulted in a reprimand for referring to undocumented people as “scum, filth and trash”, the LA Times reported.
After Bovino responded that his comment was in reference to a “specific criminal illegal alien”, Ortega read from the reprimand, signed by Bovino, which said he was describing “illegal aliens”, the newspaper said.
Ortega also argued the agent who Ramos-Brito allegedly assaulted lied about the incident and Bovino was “trying to cover up for him”.
Bovino has previously faced scrutiny for making false and misleading statements. He defended a major immigration sweep in January by claiming agents had a “predetermined list of targets”, many with criminal records, but documents showed that 77 out of 78 people taken into custody during the operation had no prior record with the agency, a CalMatters investigation revealed.
And in June, while defending the arrest of a US citizen in a high-profile case, Bovino falsely claimed on social media that the man was charged with assaulting an officer.
In Ramos-Brito’s trial, videos also contradicted initial claims of a border patrol agent who had said he was chasing a man who assaulted him, but was stopped by Ramos-Brito and Jose Mojica, another protester, the LA Times said. The footage showed no chase.
Mojica first shared his account of the incident with the Guardian days after his arrest, saying he was assaulted and injured and had not attacked officers. The US attorney’s office subsequently dismissed felony assault charges it had initially filed against Mojica and Ramos-Brito, but then filed a lower-level misdemeanor against Ramos-Brito.
Ramos-Brito’s attorneys did not immediately respond to requests for comment on Thursday.
A spokesperson for Bill Essayli, the US attorney appointed by the president earlier this year, declined to comment on the acquittal. Border patrol officials did not immediately respond to an inquiry and requests for comment from Bovino.
Essayli’s office has aggressively prosecuted protesters and people accused of interfering with immigration arrests, with more than 40 cases filed in June and July. But prosecutors have repeatedly dismissed some of the felony charges soon after filing them.
Carley Palmer, an attorney who served as a supervisor in the US attorney’s office in LA until she left last year, said Thursday it was notable that the federal government had devoted significant resources to a misdemeanor case against an individual with no reported criminal history. Bovino, a senior official, flew in from Chicago for the trial.
It is challenging to win convictions in cases like these without video evidence, she said: “The government bears the burden of proof, and if you don’t have footage of the relevant events, then everything is going to rise and fall on the credibility of your witnesses. If the witnesses are law enforcement officers and jurors believe they had bias … that’s really going to hurt their credibility.”
The discussion at trial of Bovino’s past misconduct could create challenges for the government moving forward, she added: “In addition to harming the individual case, if a law enforcement witness has their credibility impeached on the stand, that can impact if they can testify in future cases and if their word can be relied on in sworn affidavits going forward.”
