No charges against Army reservist who made citizen's arrest No charges against migrant-holding reservist
Prosecutor: Action legal
Robert Anglen
The Arizona Republic
Apr. 22, 2005 12:00 AM
No criminal charges will be filed against an Army reservist who held seven undocumented (criminal, my emphasis added) immigrants at gunpoint this month at an Arizona rest stop.
Maricopa County Attorney Andrew Thomas said Thursday that Sgt. Patrick Haab had the legal right to make a citizen's arrest because the man smuggling the immigrants into the country was committing a felony and the immigrants themselves were conspiring with the "coyote."
Arizona law allows a private citizen to make a legal arrest if a felony has been committed and the citizen believes that the person he is arresting committed the felony. advertisement
"I do not want the message to go out that people can start rounding up illegal immigrants whether or not they think they're here legally, whether or not they know all the facts," Thomas said. "This is a very unusual case with a narrow set of facts and very unusual circumstances that allow Mr. Haab to avoid prosecution."
The 24-year-old Haab was arrested April 10 by the Maricopa County Sheriff's Office on seven counts of aggravated assault with a deadly weapon and spent four nights in jail. He said Thursday that he was "grateful" for the outcome.
"It's finally over," Haab said at a news conference at his Tempe lawyer's office at which he defended his actions and thanked supporters. "When the truth got out, it was a winner."
Haab has repeatedly said that he was not attempting to make a political statement when he drew a pistol on the immigrants. But his arrest came as various civilian groups embark on self-described border-patrol missions along the Arizona-Mexico line to target undocumented individuals and help stop illegal immigration.
Members of those groups praised the decision not to prosecute.
Chris Simcox, an organizer for the Minuteman Project, a civilian patrol group based in southeastern Arizona, said the decision to drop charges against Haab is "fantastic" news and an affirmation of the Second Amendment right to bear arms. "I think it has more to do with the right to defend yourself in a situation than it does with illegal immigration," Simcox said.
But Latino advocates reacted with outrage and concern, saying Thomas' decision was political and could lead to vigilante actions against immigrants and Hispanic residents.
"Dropping charges is going to justify more ignorant actions like that of Patrick Haab," said George Diaz, a Phoenix activist.
Thomas said his decision not to prosecute was based on Haab's call from the rest stop.
"If you would review the 911 tape, that is the best evidence of his state of mind at the time . . . and it was clear to me and to other members of this office in listening to the 911 tape that Mr. Haab did this to effect a citizen's arrest."
Still, he disapproved of Haab's method.
"It's frankly a lot better just to use your cellphone," he said. Haab has said he did not know the men were undocumented immigrants. He said he drew his pistol because he feared for his life when seven men rushed out of the darkness at a rest stop on Interstate 8, where he had stopped to relieve his dog.
Haab said he was clearly justified in pulling his gun that evening. But he gave several reasons as to exactly why he pursued the men to their vehicle, ordered them out at gunpoint and then detained them for authorities. His explanation included a claim that he still viewed them as assailants, that he was following his dog and that he realized they were undocumented immigrants who should be taken into custody.
After his arrest, Haab created a Web site and a fund for his defense. He appeared on national television and syndicated radio programs and became a sort of celebrity on some Internet venues, especially conservative sites.
Haab acknowledged that he wrote an e-mail to supporters expressing alarm that undocumented border-crossers are transforming the United States into "Americo," a mixture of America and Mexico. However, he stressed that he is not a bigot and has no problem with lawful immigrants.
Defense attorney David Cantor had written a letter to Thomas arguing that Haab was justified in detaining the men because they were involved in criminal activities, one as a human smuggler and the others as illegal border-crossers. All those who were detained now face charges in federal court.
"He's a military man," Cantor added, noting that Haab has service decorations from Kosovo and the war on terrorism.
Sheriff Joe Arpaio said Thursday that he stands by his deputy and the decision to arrest Haab.
Reporters Michael Kiefer, Dennis Wagner, Yvonne Wingett and Susan Carroll contributed to this article.
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