Pat Dollard

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Washington Times:

The Justice Department this week sent a follow-up notice demanding former Border Patrol Agent Jesus E. Diaz Jr.’s family immediately pay a nearly $7,000 fine and imposing a lien on his property, even though he remains in prison unable to pay and his family says a judge gave them a grace period.

It’s the second notice the Justice Department has sent to the family of Mr. Diaz, who the government put on trial, arguing he used excessive force in arresting an illegal immigrant who was suspected of smuggling drugs. The new notice threatens new penalties if the money isn’t paid within 30 days.

But Diaz’s wife Diana, who is also a Border Patrol agent, said she can’t pay right now, and said the judge in the case said they would have a 60-day grace period after Mr. Diaz is released from prison before they would have to make a payment.

“I can forward it to him in jail, but it’s not going to do any good,” she told The Washington Times in a phone interview. “I don’t have $7,000. I have four kids to feed.”

Rep. Duncan Hunter, California Republican, wrote Attorney General Eric H. Holder Jr. earlier this week, after the family received the initial notice, and asked him to either expunge or suspend the fines, citing the unusual nature of the case. Diaz was cleared by two reviews, but a third one said he used excessive force when he pushed the suspected smuggler’s arms above his head and used his knee to immobilize the smuggler while trying to arrest him.

The government won a two-year prison sentence against Diaz, in addition to a $6,870 fine.

“If DOJ’s goal was to remind the Diaz family that it won in court, even though Diaz was cleared twice of any wrongdoing, then it’s worth saying that the family and everyone else gets the point,” said Joe Kasper, a spokesman for Mr. Hunter. “This is just a bad situation and we can only hope DOJ decides to do the right thing here.”

A Justice Department spokeswoman said she was checking into the situation, but didn’t provide comment in time for this story.

The Times reported Tuesday on the Justice Department’s first notice to collect the fine.

Diaz’s wife said he has been fired from the Border Patrol, which served him his separation notice while he was in prison.