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  1. #1
    Senior Member lorrie's Avatar
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    Gunman in San Francisco community activist slaying was facing deportation

    Gunman in San Francisco community activist slaying was facing deportation



    Garcia-Pineda's monitoring device was removed four days after the slaying, making it harder for him to be found.


    September 16, 2017, 9:32 AM

    SAN FRANCISCO — Federal immigration agents were tracking a teenager who was facing deportation when he fatally shot a popular community volunteer during a robbery in San Francisco, authorities said Friday.

    The slaying occurred on Aug. 15, four days after sheriff’s investigators say 18-year-old Erick Garcia-Pineda stole the murder weapon from the personal car of a San Francisco police officer.

    Four days after the killing, Garcia-Pineda’s monitoring device was removed from his ankle, triggering an unsuccessful search for him. An immigration judge ordered him to wear the bracelet as a condition of his release from federal custody in April.

    The case has stirred memories of the 2015 killing of a young woman on a San Francisco pier by a Mexican national who had been deported five times. A gun stolen from a law enforcement officer was also used in that shooting.

    The shooting also ignited a national debate on sanctuary city policies that bar local police from cooperating with federal immigration authorities unless they are seeking suspects convicted or charged with violent crimes.

    Authorities say Garcia-Pineda had been detained by immigration authorities in December and released from custody in April pending deportation. In addition to wearing the ankle monitor, the judge required him to routinely check in with immigration officials.

    He failed to show up for his August appointment, said James Schwab, a spokesman for Immigration and Customs Enforcement.

    ICE said a contractor received a tamper alert on Aug. 19 but authorities couldn’t find him. ICE told the man’s attorney that his client should report to them immediately.

    The sheriff’s department says Garcia-Pineda was wearing the ankle bracelet when he was arrested on Sept. 3 on misdemeanor battery charges and deputies removed it. ICE says the Sheriff’s Department ignored a request to block his release from jail that day.

    Investigators later connected Garcia-Pineda to the killing of 23-year-old Abel Esquivel during a robbery.

    ICE agents also asked the local sheriff in May to detain a second man arrested locally who is also charged with Esquivel’s murder, Jesus Perez-Araujo, 24.

    San Francisco police arrested Perez-Araujo for possession of marijuana and illegal possession of brass knuckles. He was ultimately only charged with misdemeanor possession of brass knuckles, court records showed.

    Esquivel volunteered at the Central American Resource Center, which provides legal help to low-income Latino clients and other social services.

    “We were shocked to hear the weapon belonged to a police officer,” said Lariza Dugan Cuadra, executive director of the center.

    Martin Halloran, president of the police officers’ union, said the officer did not know his vehicle had been broken into until after the shooting.

    “There were no visible signs of the burglary,” Halloran said. “The officer, a highly decorated veteran, is devastated.”

    In the 2015 killing, Kate Steinle was shot as she walked on a pier crowded with tourists.

    The San Francisco sheriff had released José Inez García Zárate from jail several weeks before the Steinle shooting despite a detainer request from ICE.

    Zarate acknowledges shooting the gun but said it fired accidentally. He has pleaded not guilty to second-degree murder.

    Jury selection for his trial begins Oct. 2 while the debate over sanctuary cities continues.

    The Trump administration opposes the policy and has threatened to withhold federal funds to those cities, prompting lawsuits. A federal judge on Friday barred the administration from withholding funding until a lawsuit in Chicago is resolved.

    California’s “sanctuary state” bill that would limit police cooperation with federal immigration authorities cleared a major hurdle Friday when it was approved by the state Assembly.

    The Senate was scheduled to give final approval to the legislation before lawmakers wrap up the legislative year late Friday or early Saturday.

    San Francisco police say Garcia-Pineda and two other young men began driving around the city looking for robbery victims after they stole the gun on Aug. 11.

    A police bulletin from 2015 said officers should keep a gun with them when they are in public and that if they are forced to leave a firearm briefly in an unattended vehicle, they must secure the weapon in the locked trunk where it cannot be seen.

    http://www.nydailynews.com/news/nati...icle-1.3499850


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  2. #2
    Senior Member lorrie's Avatar
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    Teen wanted for deportation is accused of San Francisco killing

    Teen wanted for deportation is accused of San Francisco killing



    September 15, 2017, 3:09PM
    SAN FRANCISCO — Federal immigration authorities said Friday that they were tracking a young immigrant when San Francisco police allege he shot and killed a popular community activist last month.

    Erick Garcia-Pineda, 18, was detained in December and released from custody in April pending deportation, U.S. Immigration and Customs Enforcement officials said. An immigration judge required him to wear an ankle monitor and routinely check in with ICE.

    Garcia-Pineda failed to show up for his August appointment, ICE spokesman James Schwab said.

    San Francisco police say Garcia-Pineda used a gun stolen from an officer's car to kill Abel Ezquivel, 23, on Aug. 15. He was arrested on misdemeanor battery charges Sept. 3 before investigators say they connected him to the slaying.

    ICE says the sheriff's department ignored a request to block his release from jail that day. San Francisco's "sanctuary city" policy bars the sheriff from cooperating with immigration officials unless they are seeking suspects convicted or charged with violent crimes.

    It comes amid a national debate over sanctuary city policies that the Trump administration is targeting. It is requiring cities to enforce tough immigration laws to receive some federal grants, which has prompted lawsuits.

    Opponents of the laws often cite the 2015 case of a woman killed on a San Francisco pier, which police have blamed on a man in the country illegally after multiple deportations to his native Mexico.

    California lawmakers were preparing Friday to vote on so-called sanctuary state legislation that would expand protections for people living in the country illegally who come into contact with law enforcement.

    In Garcia-Pineda's case, police say he and two other men were carrying out a string of robberies in the city's Mission District when they encountered Ezquivel walking down the street. Ezquivel was shot and killed.

    Garcia-Pineda and the two other men "were responsible for several robberies" between Aug. 13 and Aug. 15, San Francisco police Sgt. Michael Andraychak said.

    Ezquivel volunteered at the Central American Resource Center, which provides legal help to low-income Latino clients and other social services.

    "We were shocked to hear the weapon belonged to a police officer," said Lariza Dugan Cuadra, executive director of the Central American Resource Center.

    Martin Halloran, president of the police officers' union, told the San Francisco Chronicle that the officer did not know his vehicle had been broken in to until after the shooting.

    "There were no visible signs of the burglary," Halloran said. "The officer, a highly decorated veteran, is devastated."

    A police bulletin from 2015 said officers should keep a gun with them when they are in public and that if they are forced to leave a firearm briefly in an unattended vehicle, they must secure the weapon in the locked trunk where it cannot be seen.

    http://www.pressdemocrat.com/news/74...deportation-is


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  3. #3
    Moderator Beezer's Avatar
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    PRESIDENT TRUMP...

    ANOTHER "DREAMER" YOU HAVE "HEART" FOR...JUST A CHILD

    WHAT SAY YOU?

    GIVE HIM ANOTHER CHANCE...A JOB, WELFARE, FOOD STAMPS, HEALTHCARE, HOUSE, OBAMAPHONE, IMPREGNANT AN ILLEGAL AND DROP MORE ANCHORS

    DISGUSTING...ALL OF YOU WHO SUPPORT "DREAM ACT" AND PATH TO STAY
    ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM

    DO NOT REWARD THEM - DEPORT THEM ALL

  4. #4
    Senior Member Judy's Avatar
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    See these people ain't right. He takes his ankle bracelet off which triggers a hunt for him, then he steals a gun and kills someone, and it's the cop's fault because the cop left his gun in the car.

    GET THESE WHINERS OUT OF HERE BEFORE THEY KILL YOU!!!
    Last edited by Judy; 09-16-2017 at 08:42 PM.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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  5. #5
    Senior Member southBronx's Avatar
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    come out to Pa . get them all the hell out . congress get off your butt & do your job

  6. #6
    MW
    MW is offline
    Senior Member MW's Avatar
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    The sheriff’s department says Garcia-Pineda was wearing the ankle bracelet when he was arrested on Sept. 3 on misdemeanor battery charges and deputies removed it. ICE says the Sheriff’s Department ignored a request to block his release from jail that day.
    I just don't get it. How can this not fit the legal definition of obstruction of justice?

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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  7. #7
    Senior Member Judy's Avatar
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    I don't understand how a Sheriff's Deputy can remove an ICE ankle bracelet to begin with. I don't understand why a Sheriff's Deputy would want to remove an ICE ankle bracelet on an illegal alien, unless of course, the illegal alien is running drugs and the deputy is on the take. Nothing else makes any sense.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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  8. #8
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    UNREAL! - scum robbers, thieves - get them out of here - no ankle bracelet waiting time - no deputies overriding ICE - no papers, OUT IMMEDIATELY!

  9. #9
    Super Moderator Newmexican's Avatar
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    More than one was an illegal.

    Alleged SF killer had been released from jail despite request for immigration hold


    By Vivian Ho
    Updated 7:16 am, Saturday, September 16, 2017




    Photo: Amy Osborne, Special To The Chronicle
    The girlfriend of Abel Enrique Esquivel (who did not wish to be identified) holds up several badges dedicated to Abel that she wears around her neck after the arraignment of the man accused of murdering him on ... more


    One of three men accused of using a gun stolen from a San Francisco police officer to kill a man in the Mission District last month had been released from County Jail earlier in the year despite a request from federal immigration agents that he be held and turned over for potential deportation, officials said Friday.

    U.S. Immigration and Customs Enforcement officials lodged what is known as a detainer request for Jesus Perez-Araujo, 24, after he was arrested three months before the Aug. 15 street killing of 23-year-old Abel Enrique Esquivel Jr., said ICE spokesman James Schwab. The agency asked the city to hold him for up to 48 hours after his release.

    But San Francisco, and every other county in the Bay Area, does not honor detainer requests because of concerns that they violate inmates’ constitutional rights. And San Francisco, where leaders have rallied behind sanctuary policies that limit local cooperation in deportation efforts, notifies ICE in advance of an inmate’s release only under strict circumstances.

    Perez-Araujo was arrested in May on suspicion of possessing marijuana for sale, was charged in court with a single misdemeanor count of possession of brass knuckles and released shortly thereafter, officials said. The charge does not fit the criteria under which the San Francisco jail would notify ICE.

    “Despite the detainer, local authorities made the decision to release him back into the community without providing any notification to ICE, resulting in another arrest that may have been averted had the city chosen to cooperate with ICE,” Schwab said.

    The San Francisco Sheriff’s Department, which runs the jail, has said repeatedly that if immigration agents want to ensure they take custody of an inmate before release, they should obtain a warrant.

    “If ICE had presented us with a criminal warrant, we would have honored it,” sheriff’s spokeswoman Eileen Hirst said Friday.

    The situation is similar to the jail’s controversial 2015 release of Jose Ines Garcia Zarate — also known as Juan Francisco Lopez-Sanchez — an immigrant who ICE wanted for deportation and who was later accused of killing 32-year-old Kate Steinle on the city’s Pier 14. That slaying also was committed with a gun stolen from a law enforcement officer’s vehicle.

    The episode highlights the fraught relationship between federal immigration authorities and leaders of sanctuary cities, who say public safety is enhanced when all city residents, including immigrants lacking documentation, can utilize public services and communicate with police without fear of deportation.

    Perez-Araujo’s case is likely to become part of the debate over sanctuary laws that have prompted support from immigration advocates and attacks by the Trump administration, which has sought to increase deportations and has said sanctuary laws needlessly endanger communities.

    On Friday, the California Legislature took up a bill that would forbid immigration detainers across the state and spell out when local jails can notify ICE about an inmate’s pending release.

    “What makes this so tragic is that it might have been prevented if San Francisco did not have such an egregious sanctuary policy,” said Jessica Vaughan, director of policy studies at the Center for Immigration Studies, which advocates for more restrictive enforcement. “How many deaths is it going to take before people realize this is a mistake?”

    But Francisco Ugarte, an attorney defending Garcia Zarate against a murder charge, said, “I think people who are trying to shoehorn the immigration question into this case have an ulterior motive. We know that noncitizens commit crimes at a lower rate than their citizen counterparts, and we know there is no correlation between deportation and public safety.”

    In an unusual twist in the case, immigration officials said Friday that one of the other men accused in the Mission District killing, 18-year-old Erick Garcia-Pineda, was wearing a GPS-enabled ICE ankle monitor at the time that allowed the agency to track his every move. .

    The series of events that led to Esquivel’s death began Aug. 12, when Garcia-Pineda and Perez-Araujo stole a silver .38-caliber Smith & Wesson revolver and ammunition from a private car that was parked in San Francisco and belonged to city police Officer Marvin Cabuntala, according to a court complaint filed Thursday. The police internal affairs division is probing the theft and whether the officer failed to properly safeguard the weapon.

    Garcia-Pineda, Perez-Araujo and Daniel Cruz, 18, then went on a robbery spree in the early-morning hours of Aug. 15, authorities said, ending with Garcia-Pineda shooting Esquivel, a city native and supermarket worker, at 26th Street and South Van Ness Avenue. Data from the ankle monitor is now key evidence in the case.

    The three men were arraigned Thursday on a slate of charges, including murder, and are being held in jail without bail. Each pleaded not guilty.

    Perez-Araujo had never been in ICE custody, officials said. But Garcia-Pineda was the subject of deportation proceedings after he was detained in December by federal authorities, Schwab said.
    In April, an immigration judge released Garcia-Pineda while his court case continued, on condition that he “wear a GPS monitoring bracelet and report to ICE in-person on a regular basis,” Schwab said. He said Garcia-Pineda complied until August, when he missed a mandatory appointment with ICE.

    Later, after the killing but before Garcia-Pineda had been linked to it, he was booked into jail twice in San Francisco in unrelated cases, officials said. He was arrested Aug. 18 on suspicion of shooting at an inhabited dwelling and assault with a firearm, and arrested Sept. 3 on suspicion of misdemeanor battery. He was not charged by prosecutors in either case, and was freed.

    Sheriff’s deputies at the jail appear to have removed Garcia-Pineda’s ankle monitor before releasing him the first time, again underscoring the frayed relationship between ICE and local officials. ICE said the GPS tracker was removed Aug. 19, when an agency contractor responsible for monitoring individuals received a “tamper alert.”

    It’s not clear why ICE did not immediately respond to the location of the alert, but officials said the agency later could not track down Garcia-Pineda.

    Though the Sheriff’s Department would not comment on Garcia-Pineda’s case specifically, officials said deputies would remove any inmate’s ankle monitor during booking. The disconnection typically alerts the monitoring agency, Hirst said, and that agency would know via GPS that the person was in San Francisco jail.

    “It’s then up to the issuing agency to be tracking this person and following up with us if they want us to do anything in particular with them,” Hirst said.

    ICE officials said they lodged a detainer request when Garcia-Pineda was arrested Sept. 3, hoping to take custody of him and continue deportation proceedings. But the case did not fit San Francisco’s criteria for notifying ICE, and Garcia-Pineda was released. Around this time, city investigators were piecing together the Mission District killing, and they arrested all three men early this week.
    Angela Chan, an immigration lawyer and policy director at the Asian Law Caucus in San Francisco, said counties were right to ignore ICE detainers, because courts have ruled they violate the constitutional ban on unreasonable searches and seizures.

    “It sounds like it was a terrible tragedy that occurred, but we need to stop stereotyping and scapegoating immigrants,” she said. “There is violent crime committed by both immigrants and nonimmigrants.”

    http://www.sfgate.com/bayarea/articl...l-12201838.php

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