"..Russell's testimony references a wound Compean suffered on his hand, a gash between the thumb and index finger, which he suffered when scuffling in the ditch with the drug smuggler, Osbaldo Aldrete-Davila, who had abandoned his vehicle and was attempting to escape back to Mexico on foot. Russell points to this wound as evidence of aggravated assault committed on Compean by the drug smuggler.
Here is Russell's recorded testimony:
Well, I mean, the base the basis of this is basically umm Mr. Compean an assault took place that day against one of our agents, and he did defend himself, and the part of the assault is never mentioned in the complaint or anywhere by OIG (Office of Inspector General) that they know clearly how this did take place.
A few sentences later, Russell again references that what transpired at the scene was observed by the agents and supervisors in the field and subsequently fully known to the Border Patrol management at the station in Fabens, Texas.
Russell indicates that management at Fabens themselves chose not to make a report about Compean's injury. Here is his testimony:
Even management at the station in Fabens was fully aware of what had transpired and for whatever reason nothing was ever generated and once all this comes forward, I mean, it's my belief even his attorneys' belief that even once that does come forward and all that information is presented that the charges will possibly be dropped or dismissed or he will be found not guiltybased on thatwhat did transpire.
Directly contradicting prosecutor Sutton's assertion that agents Ramos and Compean filed false reports, the April 2005 administrative hearing reveals Compean was forthcoming concerning the events of the incident. ..."