[N]ORTH HERO – Mark A. Johnson, 53, of Alburgh, pleaded not guilty Thursday to simple assault on a border patrol officer and disorderly conduct. A third count, unlawful mischief, was dismissed.
The plea followed an incident on Aug. 3 in which Johnson sprayed cow manure onto a police cruiser that was occupied by a border patrol officer.
In an arraignment hearing, Judge Michael Harris questioned whether the spraying of manure can constitute damage to property, since it can be washed off. State prosecutor Douglas DiSabito argued that the manure could be expensive to remove from the vehicle.
Rosie Chase, the defense attorney for Johnson, said the affidavit showed no indication that there was an attempt to do damage, or that damage had occurred. She asked that the judge dismiss the unlawful mischief charge.
“I think there’s probable cause that he attempted to cause excrement to come in contact with the law enforcement officer’s vehicle, but there’s no indication in the four corners of the affidavit that he came into contact with a law enforcement officer,” Chase said.
DiSabito said that the state would agree with Chase, expect for the fact that the officer was inside the vehicle at the time of the incident.
Judge Harris upheld the simple assault and disorderly conduct charges and dismissed the third count of attempt of unlawful mischief.
Johnson told the Islander, which first reported the incident, that he is frustrated with the lack of effort by the U.S. Border Patrol and the Immigration and Customs Enforcement to intercept illegal immigrants working on Vermont farms. He complained of the presence of illicit drugs and prostitution. Johnson said the Border Patrol has told him that their agents cannot go onto farms when notified that illegal immigrants are present.
Both Johnson and Chase declined to comment to reporters outside the courthouse following the hearing.
Brad Brant, the special operations supervisor for the U.S. Border Patrol’s Swanton Sector, said agents are not prohibited from entering farms for the purpose of international border patrolling, however, ICE is the primary agency responsible for interior immigration enforcement, and any investigations of possible employers of illegal aliens.
Shawn Neudauer, a Homeland Security Investigations spokesman for the New England region, said that ICE does investigate worksite immigration crimes throughout the U.S. He could not confirm or deny whether any investigations are underway in Vermont, citing policy.
“It’s illegal to hire, harbor, transport or otherwise induce a person who is not authorized to work in the US, to work here. It’s a form of modern-day slavery called Labor Trafficking and carries potentially hefty penalties,” Neudauer wrote in an email. “That said, from an investigative standpoint HSI would be more interested in dismantling the criminal enterprise, and putting those hiring or harboring behind bars, rather than on deporting the victims themselves.”
Johnson said he struggles to keep the equipment for his business going, and complained that farmers who hire undocumented workers have low labor costs and can afford new equipment.
There does not appear to be much dispute surrounding the events leading up to the simple assault charge. The affidavit filed by Sgt. Blake Allen of the Grand Isle Sheriff’s Department says that he was notified by Sheriff Ray Allen on Aug. 3 of an attempted simple assault on U.S. Border Patrol agent Robert Rocheleau.
Johnson sprayed Rocheleau’s cruiser with manure, which was parked on a cell tower access road near Fox Hill Road in Alburgh.
Sheriff Ray Allen said in the document that Rocheleau said sitting in his vehicle when he observed an approaching tractor. He waved at the operator, to signal that he would move and allow the tractor to enter the field. Johnson got out of his tractor and confronted Rocheleau, after he moved his cruiser.
Rocheleau said that Johnson then proceeded to rant about illegal Mexican immigrants, and said the Border Patrol does nothing to stop them. Johnson was angry to the point of shaking, according to the affidavit.
Johnson then got back on the tractor, and revved the engine, once Rocheleau had returned to his cruiser. At that time, the agent claims that Johnson unsuccessfully attempted to splash manure on his cruiser. Some spewed out of the tank and hit the ground near the vehicle, court filings show.
Rocheleau claims that Johnson turned on the manure spreader as he drove past, and sprayed manure all over his cruiser. Rocheleau left the unrestricted area after the incident.
“Being frustrated or angry may be understandable, but gives no license to commit an act of assault,” Neudauer said.
Johnson was issued a citation by Sheriff Ray Allen on Aug. 11 to appear at the Grand Isle County Courthouse in North Hero.
Rocheleau wrote in a Homeland Security apprehension report that he was assigned to the area, situated just a few miles from the Canadian border, as a roving unit. The location is adjacent to a Verizon cell tower and a farm owned by Johnson.
Johnson approached Rocheleau and asked him if he was looking for illegal aliens, mentioning that his neighbor had some on his farm. The Border Patrol agent then referred him to ICE, telling him that Border Patrol agents cannot enter agricultural businesses for the sole purpose of conducting an immigration check.
Johnson then became agitated and complained about immigration enforcement efforts, spouting expletives, according to the report. He said that he has called ICE so many times that they have threatened to charge him with harassment if he calls again. Johnson also complained that the Border Patrol assisted the Grand Isle Sheriff’s Department in ticketing his son for riding a four-wheeler on a paved road, just two days earlier.
Rocheleau then told Johnson he would get out of the way of his manure operations so he could continue. The spraying took place shortly after. After checking the vehicle for damage, he returned to the Alburgh Port of Entry where the vehicle was photographed before being washed, and the sheriff’s department was contacted.
Neudauer would not comment on the alleged harassment threats, citing policy.
The U.S. Attorney’s Office of Vermont will not pursue federal charges, according to spokesman Kraig Laporte.
Johnson is currently released under conditions, which include having no contact with Rocheleau, and not abusing or harassing him in any way.
If convicted, Johnson faces a $500 fine and up to six months in prison for the assault charge, and not more than a $500 fine and up to 60 days for the disorderly conduct charge.
The story of the Alburgh incident has spread rapidly and received national attention after being reported by the Associated Press, with coverage appearing in the New York Times.