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02-03-2009, 05:55 PM #1
City of Denver blamed in illegal immigrant's deadly crash
Denver blamed in illegal immigrant's deadly crash
By Daniel J. Chacon, Rocky Mountain News (Contact)
Published February 3, 2009 at 1:19 p.m.
Updated February 3, 2009 at 1:19 p.m.
An Englewood woman who was inside the Baskin-Robbins ice cream shop in Aurora when an illegal immigrant allegedly caused an accident that killed three people has filed a nearly $1.9 million claim against the city of Denver.
Margaret Rains, who was injured in the Sept. 4 crash, alleges that the city shares the blame because Denver police had arrested Francis Hernandez several times before the accident but failed to enforce immigration laws.
Hernandez is accused of driving an SUV that broadsided a Mazda pickup truck at nearly 80 mph, sending both vehicles crashing into the ice cream shop on South Havana Street.
Debra Serecky, 51, of Aurora, and Patricia Guntharp, 49, of Centennial, who were in the Mazda, were killed in the accident. Three-year-old Marten Kudlis, of Aurora, who was sitting by a window inside the ice cream shop, was dragged to his death.
Rains and another woman "were physically impacted by the Mazda truck and the force of debris associated with the collision," according to the claim, which is considered a precursor to a lawsuit.
"The physical injuries include facial lacerations and extensive dental repairs," the claim states. "The psychological injuries include severe emotional distress, sleep deprivation, symptoms of post-traumatic stress disorder, flashbacks and nightmares."
Several law enforcement agencies, not just Denver, had arrested Hernandez nearly 20 times altogether in the five years before the accident. But Hernandez, who was born in Guatemala and entered the U.S. illegally in 1991 at age 5, was never deported.
According to the Colorado Bureau of Investigation, Hernandez had been arrested by law enforcement agencies in Aurora, Broomfield, Denver, Lakewood, Longmont, Westminster and Arapahoe, Boulder and Gilpin counties.
It's unclear whether or not Rains has filed claims in those jurisdictions, too. Her attorney, Stuart Morse of Levy, Morse & Wheeler, did not immediately return a call for comment.
The claim against Denver was filed in November.
It alleges that several "if not most" of Hernandez's arrests before the crash were in Denver.
"However, despite these numerous arrests and the readily ascertainable illegal immigrant status of Mr. Hernandez, at no time were proper procedures relating to the reporting, detention and handling of illegal immigrants followed by the law enforcement agencies of the city of Denver," the claim states.
"Therefore, the factual basis of the claim herein described includes the willful, wanton, intentional and/or negligent refusal to enforce local, state and/or federal immigration laws, rules and/or regulations" involving illegal immigrants, the documents state.
The accident reignited the debate over illegal immigration in Colorado when Hernandez's immigration status and previous arrests came to light.
A month after the accident, former U.S. Rep. Tom Tancredo, a Littleton Republican who is known for his opposition to illegal immigration, called on the governor to cut Denver's state funding, alleging that Denver has become a "sanctuary city" by failing to enforce state immigration laws.
At the time, a spokeswoman for Mayor John Hickenlooper denied the charge and said "the fact that Rep. Tancredo continues to repeat his assertions that Denver is a 'sanctuary city' does not make them true."
http://rockymountainnews.com/news/2009/ ... _headlines
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02-03-2009, 05:59 PM #2
Good for her I hope she wins !
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02-03-2009, 06:05 PM #3
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We need this to start a trend
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02-03-2009, 06:27 PM #4Originally Posted by jimpasz
Yes!!!!!!
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02-03-2009, 06:48 PM #5
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Hickenlooper is so full of bs it is coming out from eye, ears, nose and other orifices. One of his restaurants employed an illegal alien who killed a Denver Cop. I have more stories about this sanctuary city run by that Mexican government and drug cartel owned and controlled useless waste of oxygen and taxpayer dollars masquerading as a mayor.
There is no freedom without the law. Remember our veterans whose sacrifices allow us to live in freedom.
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02-03-2009, 07:08 PM #6AprilGuestAn Englewood woman who was inside the Baskin-Robbins ice cream shop in Aurora when an illegal immigrant allegedly caused an accident that killed three people has filed a nearly $1.9 million claim against the city of Denver.
GOOD!
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02-03-2009, 07:29 PM #7
I think any American worker who can't get a decent prevailing wage has a damn good lawsuit against local, state and/or Federal Governments. Add to that, parent's who's children are receiving sub-standard educations. And... although I disagree w/ the programs in general... welfare, public housing, etc, that would be much, much better without the undue and ILLEGAL burden on the system.
Just because you're used to something doesn't make it right.
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02-03-2009, 07:32 PM #8
Good for her.....I hope she wins.
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02-03-2009, 07:34 PM #9
Yes, yes....
Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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02-03-2009, 09:57 PM #10
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This is exactly what needs to happen! It's unconscionable that an illegal invader with a rap sheet the size of a phone book was allowed to remain in this country!
These local authorites had a duty to notify immigrations so as to protect American citizens from this illegal invader-felon and they failed that duty woefully!
I hope she gets every penny and then some!Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
Laura Loomer - Woke up this morning to a @nytimes article...
03-27-2024, 11:36 PM in General Discussion