Man charged in fatal accident is illegal immigrant

By: Allison Brophy Champion | Culpeper Star Exponent
Published: September 15, 2012



The allegedly intoxicated man charged with manslaughter in the Sept. 6 collision onEggbornsville Roadthat killed a 20-year-old pregnant woman and her full-term baby is an illegal immigrant, according to a motion filed Friday in Culpeper County General District Court by theCulpeperCountyCommonwealth’s Attorney Office.

Orlando A. Cruz, 36, is being held in Culpeper County Jail on no bond, awaiting an Oct. 15 court hearing on two counts of aggravated involuntary manslaughter, driving under the influence, driving without a license and improper use of a state inspection sticker.

According to the Culpeper County Sheriff’s Office, Zulma Alvarez, 20, of Jeffersonton, was struck head on in her Ford Windstar van around 6 p.m. when Cruz, driving a Jeep Cherokee, crossed over the center lane.

Alvarez, nine-months pregnant at the time of the crash, died at the local hospital of her injuries along with her newborn baby.

Known to family and friends as “Carly,” Alvarez, and her baby will be memorialized at a funeral today at Horizon Funeral Home in the town ofCulpeper.

Carly and her baby will be buried in her native country of El Salvador. Today’s funeral service will go from 6:30 p.m. until 6 a.m. Sunday, per her native custom.

According to court documents, Cruz is also fromEl SalvadorinCentral America.

As part of the motion filed Friday, the commonwealth requested that the one charge of involuntary manslaughter against Cruz involving the baby be transferred to Juvenile & Domestic Relations Court because “the crime is committed against Alvarez’s child,” a juvenile victim under Virginia law.

According to the commonwealth’s motion, U.S. Immigration and Customs Enforcement identified Cruz as being illegally present in theU.S.and lodged a detainer against him following the manslaughter charges being placed against him. That means following completion of court proceedings in the case and any potential incarceration, Cruz would be deported.

The Culpeper County Commonwealth’s Attorney Office previously reported Cruz to ICE concerning his potential immigration status following hearings in June 2011 and this past January on charges of driving without a license, for which he was convicted, according to the motion.

Cruz did not have a social security number at that time; on his most recent arrest warrant, his social security number was all zeros.

In general district court Wednesday, attorney Paul Walla ofManassaswas appointed to represent Cruz.

The defendant is being held without bond in Culpeper County Jail. According to court documents, Cruz had a blood alcohol level of less than .20 percent, and this was his first DUI charge.

Meanwhile, several downtown Culpeper businesses have rallied in support of the victim’s family.

Frost Café at Main andDavisstreets – where Carly’s father works – is now selling raffle tickets for restaurant gift certificates and other items donated by neighboring merchants. The tickets are $1 each, six for $5 or 12 for $10 with all proceeds going directly to the Alvarez family.

Man charged in fatal accident is illegal immigrant | Star-Exponent