Results 1 to 2 of 2

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

  1. #1

    Join Date
    Jan 1970
    Posts
    241

    Alleged killer duped police in 2004 arrest

    http://www.vagazette.com/news/va-news4_ ... eb26.story

    Alleged killer duped police in 2004 arrest

    By Tara Hayden
    The Virginia Gazette

    Published February 26, 2005

    JAMES CITY -- How did Oswaldo Martinez, arrested last week for the rape and murder of 16-year-old Brittany Binger, escape scrutiny by immigration officials a year ago after it was discovered he was using a stolen Social Security number?

    That's a question both police and immigration officials must answer in light of the revelation this week that the 34-year-old El Salvadoran was arrested for drunken driving in 2004.

    So far, blame rests on cracks in the legal system, though it appears neither police nor the Immigration & Naturalization Service acted improperly. The embarrassment has prompted James City Police to adopt new policies when it comes to checking identification, especially of a non-citizen.

    Court records showed an Osvaldo Martinez was charged in February 2004 with DUI and driving without a license. At the time, he presented police with a Social Security card.

    Police ran the number and found Martinez was not a licensed driver in Virginia.

    “But,� noted Maj. Stan Stout of the James City Police, “that didn't mean that he was illegal.�

    A 2004 background check on Martinez based on his date of birth rendered several candidates, which made things even more confusing. One was a sex offender who had been deported to Mexico in 1996.

    “We got a number of possibilities, similar names, dates of birth, Social Security numbers,� Stout said. “But none seemed to match his description.�

    Martinez pleaded guilty to the DUI, but the charge for driving without a license was dropped. That Martinez, a non-citizen, was convicted of a crime should have raised red flags. Yet it didn't.

    Normally, when police charge a foreign citizen they are required to contact the embassy or consulate of the suspect's native country. It's a federal requirement that includes most countries, but not El Salvador.

    “I'm not sure why, but we're not required to contact anyone in El Salvador when we've arrested someone from that country,� Stout said.

    Another option would have been to contact INS. Stout said he doubts it would have helped.

    “INS has admitted they probably would not have taken any action to deport Martinez,� he said.

    Stout said the INS lacks the manpower and resources to deal with all illegal immigrants. In a post-September 11 society, it only steps in when an illegal immigrant has committed a violent felony or poses a threat to national security.

    That prompted James City to revise its rules. The first change is a deeper scrutiny of a suspect's identification.

    “We're going to try our best to obtain good identification, first of all,� Stout said. If someone gives us a Social Security card or any form of ID, we're going to try and determine if it's fake.�

    Once an arrest is made, Stout said the suspect will be fingerprinted, regardless of the crime. Typically, DUI arrests don't warrant fingerprinting a suspect.

    After the arrest of a foreign suspect, the officer will have to contact INS.

    Stout said police are currently talking to law enforcement agencies in Northern Virginia and Florida, where there are a greater number of illegal immigrants, to see how those agencies handle the influx.

    “Obviously, we have identified the problem and we want to fix it,� Stout said. “We want to make sure something like this doesn't happen again.�

  2. #2

    Join Date
    Jan 1970
    Posts
    241

    Alleged killer duped police in 2004 arrest

    http://www.vagazette.com/news/va-news4_ ... eb26.story

    Alleged killer duped police in 2004 arrest

    By Tara Hayden
    The Virginia Gazette

    Published February 26, 2005

    JAMES CITY -- How did Oswaldo Martinez, arrested last week for the rape and murder of 16-year-old Brittany Binger, escape scrutiny by immigration officials a year ago after it was discovered he was using a stolen Social Security number?

    That's a question both police and immigration officials must answer in light of the revelation this week that the 34-year-old El Salvadoran was arrested for drunken driving in 2004.

    So far, blame rests on cracks in the legal system, though it appears neither police nor the Immigration & Naturalization Service acted improperly. The embarrassment has prompted James City Police to adopt new policies when it comes to checking identification, especially of a non-citizen.

    Court records showed an Osvaldo Martinez was charged in February 2004 with DUI and driving without a license. At the time, he presented police with a Social Security card.

    Police ran the number and found Martinez was not a licensed driver in Virginia.

    “But,� noted Maj. Stan Stout of the James City Police, “that didn't mean that he was illegal.�

    A 2004 background check on Martinez based on his date of birth rendered several candidates, which made things even more confusing. One was a sex offender who had been deported to Mexico in 1996.

    “We got a number of possibilities, similar names, dates of birth, Social Security numbers,� Stout said. “But none seemed to match his description.�

    Martinez pleaded guilty to the DUI, but the charge for driving without a license was dropped. That Martinez, a non-citizen, was convicted of a crime should have raised red flags. Yet it didn't.

    Normally, when police charge a foreign citizen they are required to contact the embassy or consulate of the suspect's native country. It's a federal requirement that includes most countries, but not El Salvador.

    “I'm not sure why, but we're not required to contact anyone in El Salvador when we've arrested someone from that country,� Stout said.

    Another option would have been to contact INS. Stout said he doubts it would have helped.

    “INS has admitted they probably would not have taken any action to deport Martinez,� he said.

    Stout said the INS lacks the manpower and resources to deal with all illegal immigrants. In a post-September 11 society, it only steps in when an illegal immigrant has committed a violent felony or poses a threat to national security.

    That prompted James City to revise its rules. The first change is a deeper scrutiny of a suspect's identification.

    “We're going to try our best to obtain good identification, first of all,� Stout said. If someone gives us a Social Security card or any form of ID, we're going to try and determine if it's fake.�

    Once an arrest is made, Stout said the suspect will be fingerprinted, regardless of the crime. Typically, DUI arrests don't warrant fingerprinting a suspect.

    After the arrest of a foreign suspect, the officer will have to contact INS.

    Stout said police are currently talking to law enforcement agencies in Northern Virginia and Florida, where there are a greater number of illegal immigrants, to see how those agencies handle the influx.

    “Obviously, we have identified the problem and we want to fix it,� Stout said. “We want to make sure something like this doesn't happen again.�

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •