Border Patrol Agent Brian Dick Convicted of Raping Another Border Patrol Agent

When Border Patrol officers show this little respect and compassion for their coworkers, how do you expect them to treat us, let alone the illegal immigrants that they encounter?

AZ Starnet:  Border Patrol agent’s rape trial begins (Nov 18 2009)

A U.S. Border Patrol agent is on trial this week, accused of raping another agent. His defense attorney told jurors Tuesday that the charges stem from the alleged victim telling a lie she couldn’t get out of.  Brian Dick, a 14-year Border Patrol veteran, is facing one count of sexual assault in Pima County Superior Court.

The alleged victim had four beers and decided to spend the night at a fellow agent’s house rather than drive home, Eazer said. Dick sent his girlfriend home and went to the same agent’s house, where he shared a 12-pack of beer with the agent whose house they were at, she said.  At about 2 a.m., Eazer said, the woman awakened to find someone pulling her pants down and climbing on top of her. She realized it was Dick when he told her he wanted to know if she was a good kisser, Eazer said.  The woman tried to push Dick off, but he restrained both of her hands above her head with one hand and raped her, Eazer said. He then fell asleep.

KVOA:  Border agent convicted of rape (Nov 21 2009)

A Pima County jury has convicted a U.S. Border Patrol agent raping a female agent.  Thirty-six-year-old Brian Dick faces between five and 14 years in prison when he’s sentenced in superior court on Dec. 15.  Dick expressed shock and outrage at the verdict, turning and screaming a profanity at the victim before breaking down in tears.

AZ Central:  Border agent convicted of rape of female agent (Nov 21 2009)

Defense attorney Rick Lougee told the jurors the sex was consensual and the woman initiated the encounter.

AZ Central:  Ex-border agent sentenced in rape case (Jan 25 2010)

A former U.S. Border Patrol agent convicted of raping a female colleague last year has been sentenced to more than five years in prison.  Pima County prosecutors say 36-year-old Brian Dick was facing a maximum sentence of 7 years in prison on a single count of sexual assault. He was sentenced Monday to 5.25 years and must serve at least 85 percent of the sentence.

KVOA:  Ex-Border agent sentenced in Tucson in rape case (Jan 25 2010)

AZ Starnet:  Former border agent given 5.25 years in rape of colleague (Jan 25 2010)

The victim testified she went to a fellow Border Patrol agent’s home on Jan. 28 after playing softball and having four beers at a local restaurant. When she went to bed, Dick and other agent watched ESPN and drank more beer. The woman said she awoke about 2 a.m. to find someone pulling down the bed covers along with her pants and begin to straddle her.  Jurors were told the woman tried to push Dick off, but he restrained both of her hands above her head with one hand and raped her. He then fell asleep.  The woman dressed, went out to her car and called a friend and 911.  Although she’d seen Dick at two or three other softball games, the victim didn’t know him.

Defense attorney Rick Lougee told the jurors the sex was consensual and the woman initiated the encounter. Once she realized a romantic interest might find out about it, she felt she needed to make up a rape claim, Lougee told jurors. Since she is a federal agent, she had no choice but to continue the deception, Lougee said.

AZ Starnet:  Sentence is 5.25 years in border agent rape case (Jan 26 2010)

In court filings and in court Monday, Lougee told Pima County Superior Court Judge Charles Sabalos that his client deserves a new trial because Deputy Pima County Attorney Susan Eazer tricked the judge into admitting two pieces of evidence – portions of Dick’s statement and photographs taken of Dick the morning of the event.  Because the jury saw those items, jurors convicted Dick because of how they felt about him, not because of the evidence, Lougee said.  Dick’s statement made him sound like an “immature, drunken frat boy,” Lougee said.  In the photos, Dick looked “dirty, tired and remarkably unappealing,” Lougee wrote in court documents.  If the statement and the photos had been suppressed, nine out of 10 juries would’ve acquitted Dick because there is little evidence showing he is guilty, Lougee said.

Eazer told Sabalos she did not mislead him and that the statements and photos were admissible and relevant. They simply buttressed her contention that the victim was not likely to willingly have sex with a mere acquaintance who reeked of beer, was still in his sweaty softball uniform and looked like he did in the photos, Eazer said.

The victim took Dick to task for tarnishing her reputation, enjoying himself “as if nothing happened” and calling her a “liar” after the verdict was announced. She also criticized his colleagues for coming to court to support him while wearing their badges.  “After the verdict, I received nonstop calls from private numbers from your buddies. You and your buddies should be ashamed of wearing a badge and a uniform,” she said.

Dick, who was forced to resign from the agency after his conviction, must register as a sex offender upon his release from prison.

Arizona Supreme Court Decision in State of Arizona vs. Brian Dick

From the Supreme Court decision, the perp appears to be a one-minute wonder …

Dick ejaculated inside her, then rolled over and fell asleep. Andrea believed the incident lasted approximately a minute.

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