Citizen’s arrest of illegals called appropriate

You can call Patrick Haab Mr. Lucky. All the right circumstances fell into place for the Mesa Army reservist to make a legal citizen’s arrest when he held seven illegal immigrants at gunpoint April 10, Maricopa County Attorney Andrew Thomas said Thursday in announcing he won’t pursue aggravated assault charges against Haab.

Arizona’s citizen’s arrest law allows a person to arrest someone committing a felony, and in Haab’s case, one of the illegal immigrants was smuggling humans and the other six were conspiring with him — both federal felonies, Thomas said.

Haab also was justified in drawing his pistol because a person can brandish a weapon to stop a fleeing felon or if he reasonably believes he is in danger.

"It happened in this case that Mr. Haab was in a sense, lucky," Thomas said. "He was right that the seven individuals were illegal immigrants, he was right that they were involved in committing a felony under federal law and he was right in his ability to use (a deadly weapon) in effecting this arrest."

Haab probably didn’t realize the nuances of the law at the time, but if any of the circumstances had been different, then he could be facing serious prison time on kidnapping and aggravated assault charges, the prosecutor said.

Haab’s arrest came as frustration over the effects of illegal immigration has mounted in Arizona and a group of citizen volunteers patrolled the Mexican border to spot illegal immigrants.

Haab, who has been hailed as a hero by some and vilified by others, said he has no problem with anyone moving into the United States from abroad legally, but he takes a strong stand against illegal immigration.

"If they want to try to come here illegally and ruin our country, people shouldn’t take that. They should take a stand against it, and if our elected officials won’t do anything about it, they should be replaced," he said.

Haab, who spent three days in a Maricopa County jail until he was released on $10,000 bail, said he is considering a lawsuit against the Maricopa County Sheriff’s Office for arresting and jailing him, which made him miss his voluntary deployment to Iraq and stalled his military career, at least temporarily.

"I’ve basically had my entire reputation besmirched and now I need to get back in the good graces of the Army," Haab said at his attorney’s Mesa office.

Sheriff Joe Arpaio said he’s not worried about a lawsuit and would handle a similar situation in a similar manner.

"My deputies did the right thing. I stand by their actions," Arpaio said. "In fact, I’m very proud of my deputies’ actions."

Haab was driving from San Diego at night when he stopped at a rest stop on Interstate 8 near Gila Bend to let his dog relieve itself.

Haab was in the desert with the dog when the group of illegal immigrants emerged from the brush and ran to a waiting Chevrolet Suburban.

Haab said they rushed him and he was defending himself when he pulled his gun on them.

Haab said his military training worked to his advantage, and wouldn’t tell others they should do anything besides call authorities if they believe they see a group of illegal immigrants.

"I wouldn’t say it’s a good idea for anybody to do anything except defend themselves," he said.

The driver of the Suburban, Jesus Olivera-Antonio, has been charged in U.S. District Court in Arizona with one count of transporting illegal immigrants and the other migrants have been detained as material witnesses in his case.

Haab maintained that his actions during the entire incident were predicated on selfdefense, but also said he was detaining the men because he felt they could be illegal immigrants.

Thomas never considered Haab’s selfdefense claim.

"I’m looking at the citizen’s arrest component of his defense, and that defense is solid," Thomas said.

The case involved a unique set of facts that allowed Haab to avoid prosecution and the decision Thomas made Thursday should not be construed as license for others to get their guns and begin rounding up illegal immigrants.

"That is against the law and they will be prosecuted," Thomas said.