Man's Status as Illegal Immigrant Was Factor in Sentencing, Wisconsin Supreme Court Says

Leopoldo Salas-Gayton, a Mexican immigrant who has been living in the U.S. illegally, accused of driving drunk, causing 2011 fatal accident.
Wauwatosa, WI
By Scott Anderson (Patch Staff) -
July 6, 2016 11:19 pm ET


WISCONSIN -- The Wisconsin Supreme Court sentenced a Mexican immigrant living in the U.S. illegally in court today, saying the defendant's illegal status is relevant when considering the sentence.

Leopoldo Salas-Gayton, a Mexican immigrant who has been living in the U.S. illegally, was convicted on one count of homicide by intoxicated use of a vehicle and one count of operating a motor vehicle without a license – causing death in a Sheriff’s Office investigation into the January 1, 2011, killing of 34-year-old Corrie Damske.

Salas- Gayton, then age 41, admitted to drinking at least 12 beers before driving the wrong way in the westbound lanes of I-94 in Milwaukee, striking and killing Damske head-on at approximately 7:20 a.m. near 20th Street.A blood draw showed that Salas-Gayton’s BAC was 0.145. Salas-Gayton informed MCSO deputy sheriffs and detectives that he had immigrated to the United States illegally from Mexico 13 years ago, and that he was not an American citizen.

At Salas-Gayton’s sentencing hearing, Milwaukee Circuit Court Judge Dennis R. Cimpl referenced Salas-Gayton’s illegal entry into the United States, “The fact that you're an illegal alien . . . goes to character. It's a minor character flaw very honestly." Later, the court added, "Although you're here illegally, it's a factor, a minor factor, but it goes to your character."

Later, Judge Cimpl noted that Salas-Gayton’s immigration status was relevant to his conviction for causing a death while operating a motor vehicle without a license, as it directly affected his ability to secure such a license.

Salas-Gayton is currently being held in the New Lisbon correctional institution.

http://patch.com/wisconsin/wauwatosa...-supreme-court