...despite jury trail? A federal magistrate on Friday gave a border activist two weeks to think about his decision not to comply with a sentence for leaving water jugs on a wildlife preserve.
If Walt Staton still refuses to do the 300 hours of community service, he likely will face 600 hours of jail time, U.S. Magistrate Judge Jennifer C. Guerin told a packed courtroom in Tucson.
Staton, 27, was convicted of littering in June. He had been cited in December 2008 by a Fish and Wildlife agent for leaving water jugs in the Buenos Aires National Wildlife Refuge west of Arivaca, where thousands of illegal immigrants cross the U.S.-Mexico border.
In a Nov. 2 letter to Guerin, Staton said he “will not be completing the 300 hours of community service” and requested the sentence be modified. He is appealing the conviction.
Staton, a 2004 graduate of the University of Arizona and a theology student in California, said before Friday’s hearing in U.S. District Court that he is sending “a strong message to the courts that humanitarian aid isn’t a crime.”
“This is an invitation to the courts — stand for human rights,” he said as about 30 protesters carried signs in front of the court building before his hearing.
“I don’t expect to go to jail,” he said. “I mean, it’s a littering ticket.”
Guerin saw it differently, as Staton’s supporters sat shoulder to shoulder in the cramped court room. She indicated that his refusal to meet the terms of his sentence took the case in a different direction.
“The jury spoke on that issue (littering),” she said. “It may not have been what you wanted to hear, but the jury spoke.”
“You are disregarding the jury’s findings and the court’s orders.”
Guerin offered to give Staton more time to complete community service if he would agree to get it done. If not, he could face two hours of jail time for every one hour of community service not completed, or 25 days.
Staton and his lawyer, Bill Walker, declined an offer to settle the case immediately. After the hearing, Staton said outside court that he would not change his mind about doing community service. He is scheduled to be in court Dec. 21 to address progress on completing the terms of his sentence.
Staton was the second activist with the No More Deaths organization to be cited for placing water in the refuge and 13 more have been ticketed since.
That stance could mean he will get up to a year in prison at Friday’s resentencing hearing, the soft-spoken theology student acknowledged in a telephone interview with the Green Valley News.
“I’m telling the judge I’m not looking for a reduction of hours. I’m not going to do any hours or pay any fine,” Staton said. “This is a matter of international human rights. This is the message we want to send.”
Staton was convicted of littering in June. He had been cited in December 2008 by a Fish and Wildlife agent for leaving water jugs in the Buenos Aires National Wildlife Refuge west of Arivaca, where thousands of illegal immigrants cross the U.S.-Mexico border. Staton was the second activist with the No More Deaths organization to be cited for placing water in the refuge and 13 more have been ticketed since.
The activists do not dispute putting the water jugs on the land, but said they were only leaving clean water for illegal immigrants as a humanitarian action because nearly 200 immigrants have died this year in the Southern Arizona desert. They say federal immigration policy has funneled immigrants deeper into the dangerous Arizona desert and that government agencies are allowing migrants to die for lack of water.
On Nov. 2, Staton wrote U.S. Magistrate Judge Jennifer C. Guerin to ask for a re-sentencing hearing, which is scheduled for 3 p.m. Friday at the Deconcini Federal Courthouse in Tucson.
Staton, 27, is a 2004 graduate of the University of Arizona and is studying theology in California. He acknowledged Friday he could be sentenced to prison, but said the risk of a harsher sentence is worthwhile to get out his message that U.S. border policies are leading to the deaths of hundreds of migrants a year.
In June, Guerin sentenced Staton to 300 hours of community service removing trash from public lands and a year of unsupervised probation.
In November, Staton wrote Guerin saying, “The court characterized my actions as ‘civil disobedience’ at the August 13th sentencing, and also used similar language during the proceedings of the trial. This is inaccurate, as civil disobedience refers to actions that intend to expose an unjust law by deliberately breaking that law.
“On December 15, 2008, I had no intention to violate the laws of the United States. As I testified on June 4, 2009, I do not believe the federal statue regarding littering is unjust, and I do not wish to challenge or change that law, as civil disobedience would suggest. Instead, my actions are better classified as ‘civil initiative.’ When a government fails to respect and protect basic human rights — o
If Walt Staton still refuses to do the 300 hours of community service, he likely will face 600 hours of jail time, U.S. Magistrate Judge Jennifer C. Guerin told a packed courtroom in Tucson.
Staton, 27, was convicted of littering in June. He had been cited in December 2008 by a Fish and Wildlife agent for leaving water jugs in the Buenos Aires National Wildlife Refuge west of Arivaca, where thousands of illegal immigrants cross the U.S.-Mexico border.
In a Nov. 2 letter to Guerin, Staton said he “will not be completing the 300 hours of community service” and requested the sentence be modified. He is appealing the conviction.
Staton, a 2004 graduate of the University of Arizona and a theology student in California, said before Friday’s hearing in U.S. District Court that he is sending “a strong message to the courts that humanitarian aid isn’t a crime.”
“This is an invitation to the courts — stand for human rights,” he said as about 30 protesters carried signs in front of the court building before his hearing.
“I don’t expect to go to jail,” he said. “I mean, it’s a littering ticket.”
Guerin saw it differently, as Staton’s supporters sat shoulder to shoulder in the cramped court room. She indicated that his refusal to meet the terms of his sentence took the case in a different direction.
“The jury spoke on that issue (littering),” she said. “It may not have been what you wanted to hear, but the jury spoke.”
“You are disregarding the jury’s findings and the court’s orders.”
Guerin offered to give Staton more time to complete community service if he would agree to get it done. If not, he could face two hours of jail time for every one hour of community service not completed, or 25 days.
Staton and his lawyer, Bill Walker, declined an offer to settle the case immediately. After the hearing, Staton said outside court that he would not change his mind about doing community service. He is scheduled to be in court Dec. 21 to address progress on completing the terms of his sentence.
Staton was the second activist with the No More Deaths organization to be cited for placing water in the refuge and 13 more have been ticketed since.
That stance could mean he will get up to a year in prison at Friday’s resentencing hearing, the soft-spoken theology student acknowledged in a telephone interview with the Green Valley News.
“I’m telling the judge I’m not looking for a reduction of hours. I’m not going to do any hours or pay any fine,” Staton said. “This is a matter of international human rights. This is the message we want to send.”
Staton was convicted of littering in June. He had been cited in December 2008 by a Fish and Wildlife agent for leaving water jugs in the Buenos Aires National Wildlife Refuge west of Arivaca, where thousands of illegal immigrants cross the U.S.-Mexico border. Staton was the second activist with the No More Deaths organization to be cited for placing water in the refuge and 13 more have been ticketed since.
The activists do not dispute putting the water jugs on the land, but said they were only leaving clean water for illegal immigrants as a humanitarian action because nearly 200 immigrants have died this year in the Southern Arizona desert. They say federal immigration policy has funneled immigrants deeper into the dangerous Arizona desert and that government agencies are allowing migrants to die for lack of water.
On Nov. 2, Staton wrote U.S. Magistrate Judge Jennifer C. Guerin to ask for a re-sentencing hearing, which is scheduled for 3 p.m. Friday at the Deconcini Federal Courthouse in Tucson.
Staton, 27, is a 2004 graduate of the University of Arizona and is studying theology in California. He acknowledged Friday he could be sentenced to prison, but said the risk of a harsher sentence is worthwhile to get out his message that U.S. border policies are leading to the deaths of hundreds of migrants a year.
In June, Guerin sentenced Staton to 300 hours of community service removing trash from public lands and a year of unsupervised probation.
In November, Staton wrote Guerin saying, “The court characterized my actions as ‘civil disobedience’ at the August 13th sentencing, and also used similar language during the proceedings of the trial. This is inaccurate, as civil disobedience refers to actions that intend to expose an unjust law by deliberately breaking that law.
“On December 15, 2008, I had no intention to violate the laws of the United States. As I testified on June 4, 2009, I do not believe the federal statue regarding littering is unjust, and I do not wish to challenge or change that law, as civil disobedience would suggest. Instead, my actions are better classified as ‘civil initiative.’ When a government fails to respect and protect basic human rights — o