http://www.cnsnews.com/ViewPolitics.asp?Page=/Politics/archive/200707/POL20070718a.html Senators Grill Prosecutor of Ex-Border Agents By Fred Lucas CNSNews.com Staff Writer July 18, 2007 (CNSNews.com) - Looking for a word to describe a prosecutor's controversial actions that helped put two former U.S. Border Patrol agents in prison, a senior senator Tuesday settled on "overreaction." SNIP The panel also focused on the conviction for discharging a firearm while committing a crime, an offense carrying a mandatory sentence of 10 years. It was one of 12 charges brought against the agents and a key factor in the length of their sentences. Senators from both parties on the committee contended the statute is not intended for law enforcement officials who use their weapons while doing their job. "There was no criminal intent [on the part of the agents]," argued Sen. Jeff Sessions (R-Ala.). "Indeed, the intent was to create a lawful society." David Botsford, an attorney for Ramos, told the panel that even if Aldrete-Davila was unarmed -- as the prosecution had convinced the jury -- the agents believed they saw him pointing something shiny at them. "If there is a good faith mistaken belief that Davila had a gun, they had the right to use their guns," Botsford said. During his testimony, Sutton said: "The fact is that it is a crime to discharge a firearm during a crime of violence, and we will continue to bring those charges where the law and evidence warrants." Feinstein asked him, "Did the jury know that [the gun crime charge] carried a 10-year minimum sentence?" "No, Ma'am," Sutton replied.