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Detained Trucker in Mexico is Guilty Until Proven Innocent

Demco Transportation Bill of Lading

Demco Transportation Bill of Lading

UPDATE:  11/23/2012 – Jabin Bogan returned to United States

Although it is not fully and clearly expressed in the Constitution of the United States, the presumption of innocence is widely considered to be held in the 5th, 6th and 14th amendments.

With the continued expansion of social media technology, news can now travel around the globe in a matter of seconds.  As the media is capable of controlling what story is news worthy, they can also control the outcome.

Others will sensationalize a story, giving no regard to the consequences that can follow.  A perfect example of this is the Duke Lacrosse case from 2006 where three members of the Duke University Lacrosse team was falsely accused of rape.

The news media followed through with a bombardment of “factual accusations” only to discover that it had all been a lie.  The sensationalism by the media took a heavy toll on the lives of the three players and their families.

For many in the United States of America, the mentality has become that one is guilty until proven innocent.  Such is the case with 27 year old truck driver, Jabin Bogan.

One site which I will not advertise here, goes so far into the absurd as to imply that this was an operation associated with President Obama’s Fast and Furious fiasco.  Their reasoning?  That no professional truck driver could ever “mistakenly”  cross over the border into Mexico.  As a professional driver with 35 years experience, I too found this difficult to imagine but truck drivers are, after all, human and can make mistakes.

Too many are interested in sensationalizing the story for their own gain and already handing down a verdict of guilty, which in this case, will land the young driver in a Mexican prison for up to 30 years.  Let’s look at some important facts involving the case:

  • Jabin’s employer, Demco Transportation, is a licensed U.S. motor carrier with FMCSA authorization to legally do business in the United States.  UPDATE 5-26-12DOT shuts down Demco Express
  • Dennis Mekenye, owner of Demco Transportation has stated that Jabin ended up in Mexico after having taken a wrong turn.  Furthermore, Mr. Mekenye has told the Mexican authorities that they can keep his semi tractor-trailer, just release Mr. Bogan.
  • Mr. Bogan realized he had taken a wrong turn once on the bridge that leads into Mexico. Unable to turn around on the bridge, a U.S. Border Patrol Officer told him to go ahead and enter Mexico and immediately turn around. Mr. Bogan followed the instructions of the officer.
  • The shipment of ammunition is completely and legally documented, per FMCSA regulations, including the proper BOL.
  • The freight Bill of Lading clearly shows a intended receiver of the goods was United Nations Ammo Company in Phoenix, Arizona
  • Mexican officials never asked to  see the BOL or any paperwork of any kind, and immediately reported it as the “largest cartel seizure” in Mexico history.
  • Howie Glazer, owner of United Nations Ammo, has clearly stated nine pallets of the ammunition was ordered by his company and that United Nations was the intended receiver.
  • Other documents show that the remaining pallets were to be delivered to three other receivers located in El Paso, Texas.
  • Jabin has been driving for three years with less than 5% of his trips involving drops along the U.S.-Mexico border.

Mr. Bogan, unfamiliar with the area and border deliveries, accidently exited on Paisano Drive and unable to navigate in traffic, he crossed over the border into Mexico.  Perhaps an incident that veteran truck drivers can not understand, but I contend is simply a human mistake by a driver unfamiliar with border deliveries.

Blog Talk Radio’s Truth About Trucking “LIVE” internet talk radio, discussed the facts about this case on Thursday, May 10th, 2012.

Joining us as guests were:

  • Aletha Smith – Mother of Jabin Bogan
  • Carlos Spector – Attorney for the case
  • Dennis Mekenye – Owner of Demco Transportation, and
  • Howie Glazer – Owner of United Nations Ammo Company

If there is more to the story, then let the judicial system work without the uneducated accusations that lead many to believe that today in the United States, we live by the code:  Guilty until proven Innocent.  The Mexican authorities have asked to see the legal documents pertaining to the load, which they have received or will be receiving.  There is no reason for Jabin Bogan not to be released.

During the show, many questions were answered to clarify much of the misinformation that has been released.

**  Thanks for listening to the show everyone. My intentions is to point to the fact that Jabin Bogan has been used as a “pawn” by many of those around him. Truth will come out about all of the rest, but my point to all of this is that the truck driver is totally innocent and made a mistake.  Much more to the story, which I will not focus on for now … my only focus is on Jabin.

© 2012, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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