Thread: CO: Suspect in fatal crash was in country illegally (teen killed)(update)

Suspect in fatal crash was in country illegally. 9NEWS at 9 p.m. 03/25/14.

Jessica Oh 1:24 a.m. EDT March 26, 2014

Suspect is facing a slew of charges including murder.

AURORA – Aurora police released the name Tuesday of a drunk driver they say ran a red light that killed a teen early Monday morning.

The driver is 40-year-old Ever Olivos-Gutierrez of Aurora. Police say he ran a red light in excess of 80 mph at the intersection of East Colfax Avenue and Dayton Street. Police say Olivos-Gutierrez struck and killed 17-year-old Juan Carlos Dominguez-Palomino, who was driving southbound on Dayton Street.

Olivos-Gutierrez is facing several charges including first degree murder, vehicular homicide and driving under the influence third or subsequent offense.

According to police, Olivos-Gutierrez had three prior DUI's including one in Otero and Adams counties. His last DUI in Adams County in 2007 was triple the legal limit.

Police add Olivos-Gutierrez never had a Colorado driver's license and that a warrant for being a habitual traffic offender was out for his arrest at the time of the crash.

The suspect is in the U.S. illegally, according to a Aurora police release.

Olivos-Gutierrez remains in a local hospital for injuries he received in the crash.

Why was he still here?

By law, Olivos-Gutierrez should have been reported to immigration officials several years ago.

In a statement to 9NEWS Tuesday, the U.S. Immigration and Customs Enforcement said the agency was informed of a 2007 arrest. "However, at the time ICE was notified of this arrest, Mr. Olivos-Gutierrez was not in local custody" and could not be taken into their custody.

The statement goes on to say:

"Based on this initial records review, Mr. Olivos-Gutierrez has had no other referrals to or involvement with ICE. Mr. Olivos-Gutierrez, from Mexico, entered the United States legally on a visitor visa, which expired within six months of his entry in July 2003."

(KUSA-TV © 2014 Multimedia Holdings Corporation)

http://www.9news.com/story/news/loca...crash/6884419/

The reason that this "Habitual" traffic violator is still in this country to kill this teenager is Denver's sanctuary city policy Put into place by the liberal Democrat Mayor Wellington Webb. The wheels of progressive socialism intent on diluting the conservative voting base and providing companies with cheap labor has been going on in Denver for a long time.

Denver Sanctuary City policy and Executive Order 116

On December 2, 2005, concerned sovereign Coloradans surprised Denver Mayor John Hickenlooper at a burrito breakfast fundraiser at El Centro - Denver's Illegal Alien Hiring Hall. Citizens questioned him on Denver's sanctuary city policy and demanded the Denver Police Manual be changed to require full cooperation with Immigration and Customs Enforcement (ICE).

See pictures and video of the confrontation and of Denver's illegal alien hiring hall.

On May 8, 2005, Denver Police officer Don Young was assassinated in cold blood by an illegal alien employed at Denver Mayor Hickenlooper's restaurant. The horror is that Denver has an illegal alien sanctuary policy (Executive Order 116), implemented by former Mayor Webb in 1998, which:

• Declares Denver's strong opposition to federal distinctions between legal immigrantsand commits city officials "to the delivery of services to all of its residents."
• Asserts that federal policy "unfairly impacts many of Denver's children, senior citizens and disabled residents."
• Vows that the city will back legal rights of all residents in Denver, adding that Webb will urge businesses, schools, hospitals and universities to do the same.

Recently, City Attorney Finegan issued an opinion that Denver does not have a sanctuary policy and that Congressman Tancredo is wrong in saying that it does. Yet this opinion flies in the face of a 1999 City Attorney opinion on 116 that states the following:

• Executive Order No. 116 is a limited cooperation ordinance. A limited cooperation ordinance recognizes that illegal or undocumented aliens are present in the United States in great numbers. Such limited cooperation ordinances recognize the immigration problem and offer a solution by making adjustments for the benefit of public safety.
• Executive Order No. 116 discourages reporting of undocumented aliens who seek essential services.
• ... illegal entry is a criminal offense which can be enforced by both state and federal officials, whereas illegal presence is a civil offense enforceable only by the INS.
• Since the courts have strictly limited the enforcement of immigration laws by state and local law enforcement to the criminal provisions, it is clear that state and local law enforcement are under no affirmative duty to gather information on an individual's immigration status or to report a violation. Therefore, limited cooperation ordinances, like Executive Order No. 116, merely codify what the courts have already decided and that is, state and local officials have no jurisdiction to enforce civil provisions of federal immigration laws.
• Moreover, both the present [police] departmental policy 104.5 and the interim policy, § 103.52(3) go further and restrict officers from enforcing even the criminal portions of the INA, without prior approval from a supervisor or commander.

Another order, Executive Order 119, authorized Denver to accept bogus Mexican Matricula Consular IDs, until prohibited by state law. Denver's police department operations manual states, "Generally, officers will not detain, arrest, or take enforcement action against a person solely because he/she is suspected of being an undocumented immigrant." It is not just Executive Orders 116 and 119, but rather these orders in conjunction with Denver's Police operations manual and city and police practices that embody Denver's sanctuary policy.

Denver's sanctuary policy is nothing more than a de facto amnesty for illegal aliens, including known felons. Denver's police officers are handcuffed by Denver's sanctuary policy. They are effectively prevented from notifying immigration authorities about the presence in Denver of illegal aliens. This virtual amnesty for foreign criminals places the safety and welfare of citizens at risk, and must stop.

See CAIRCO's May, 2005 Press conference and protest of Denver sanctuary policy.

Denver Sanctuary City Executive Order 116 announced - Mayor Webb at Rosalindas

by Bruce Finley
Denver Post
March 8, 1998www.denverpost.com
Denver Mayor Wellington Webb walked resolutely into a Mexican restaurant Saturday, questioned the humanity of federal immigration rules and ordered his own policy - estimated to cost Denver taxpayers up to $1 million a year.And Webb says he'll urge other cities to adopt similar policies."I'm taking my increased stature in the U.S. Conference of Mayors and other organizations to carry this message around the country," Webb said. "We (mayors) are stronger collectively than as individuals."Other mayors are praising immigrants publicly as immigrants become more and more prevalent in the nation's workforce....The policy Webb announced Saturday - which spells out Denver's anti-discrimination stance toward immigrants - is meant to improve on federal policy carried out by the U.S. Justice Department's Immigration and Naturalization Service.Though he supports laws against illegal immigration, Webb said federal policy has led to intolerable situations for immigrants in cities such as Denver. He referred to last year's case of a Guatemalan woman separated from her newborn baby to comply with a tangle of deadlines that later were changed - too late for the woman."I don't know what (the INS) should do," Webb said. "But I know what they shouldn't do. They shouldn't be separating a mother from a child."Webb's Executive Order No. 116 does the following:* Salutes and welcomes immigrants. * Asserts that federal policy "unfairly impacts many of Denver's children, senior citizens and disabled residents." * Declares Denver's strong opposition to federal distinctions between legal immigrants and commits city officials "to the delivery of services to all of its residents." * Vows that the city will back legal rights of all residents in Denver, adding that Webb will urge businesses, schools, hospitals and universities to do the same."The mayor feels federal welfare reform legislation unfairly targets newly arrived legal immigrants," said Shepard Nevel, Webb's director of policy.The reforms bar legal immigrants who arrive after August 1996 from receiving federal welfare benefits."One of the things we're doing is providing food vouchers with state dollars to legal immigrants who are no longer eligible for food stamps," Nevel said. Denver officials also are providing job training, some medical care and housing assistance.The cost of all this had not been determined. Kitty Pring, a senior Denver Department of Social Services official, estimated late Saturday the cost would be no more than $1 million a year, mostly out of a $550 million social services budget.In Washington, D.C., INS officials said they had no problem with Webb's policy as long as it doesn't clash with federal law."It's understandable that Mayor Webb and the mayors of other large cities throughout the United States would become more active on immigration,'' INS spokesman Russ Bergeron said."They should. Major cities are the prime locations for settlement of both legal and illegal immigrants."As snowflakes fell faintly across Denver, Webb made his announcement flanked by a group of immigrants from Asia, Africa, Eastern Europe and Latin America. They gathered at Rosalinda's Mexican Cafe in west Denver - a restaurant run by Mexican immigrants Rosalinda, Virgilio and Oscar Aguirre....For Webb, the testimony reinforced his point that immigrants enrich American life.His policy announcement comes amid intensifying debate about immigration nationwide.Some 550,000 members of the Sierra Club - including 13,000 in Colorado - are weighing whether to advocate restrictions on immigration to reduce pressure on environmental resources.Some economists contend immigrants - the 1990 U.S. Census counted 35,000 in Denver - hold down wages and add to social services bills. Former Colorado Gov. Dick Lamm supports a 50 percent reduction of legal immigration to help stabilize the growing U.S. population."The evidence is now clear that immigration hurts our own poor," Lamm wrote in a statement last week. "We shall have to make some hard decisions on immigration. How many? How chosen?"...On Saturday, Webb acknowledged the INS efforts. "We should give the INS the same technological capability as the IRS," he suggested.But he and his staff believe immigration overall results in a net gain to U.S. taxpayers. And beyond the bottom line, Webb said, Americans ought to do the right thing.
http://www.cairco.org/issues/sanctua...tive-order-116

According to police, Olivos-Gutierrez had three prior DUI's

It should be one and done, gone, adios and don't come back or you'll face major jail time.

Dave Gibson
Immigration Reform Examiner
March 26, 2014

Illegal alien charged with fatal DUI in Colorado is habitual offender



On Monday, Ever Olivos-Gutierrez, 40, crashed his Ford Expedition into a Chevy Camaro after he ran the red light at the intersection of Dayton Street and East Colfax Avenue, in Aurora, killing the 17-year-old driver of the Camaro, according to police.

Investigators believe Olivos-Gutierrez was traveling at a rate of speed, at least twice the posted speed limit when the fatal wreck occurred.

The victim, Juan Dominguez-Palomino was a student at Aurora West Preparatory Academy.

ABC 7 reported:

Police said Tuesday that Olivos-Gutierrez has an extensive history of traffic offenses and three prior convictions for impaired or drunken driving in Colorado.
As far as investigators can determine, he has never held a valid driver’s license in Colorado. Records show he has been wanted on an outstanding warrant as a habitual traffic offender since 2011.

During the course of their investigation, Aurora police discovered that Olivos-Gutierrez has been in the country illegally since 2004.

On Wednesday, the Mexican national appeared for the first time in court while seated in a wheelchair.
Olivos-Gutierrez faces the following charges: first-degree murder with extreme indifference, vehicular homicide (DUI), vehicular homicide (reckless), driving while habitual traffic offender (DUI), driving under the influence or third or subsequent offense, driving under the influence of alcohol, drugs or both, drove with excessive alcohol, reckless driving and drove vehicle other than vehicle equipped with an interlock.

So, why wasn't this illegal alien deported after one of his previous DUI convictions?

In a statement, U.S. Immigration and Customs Enforcement (ICE) said:

Our records show that ICE had been informed of his criminal arrest in December 2007. However, at the time ICE was notified of this arrest, Mr. Olivos-Gutierrez was not in local custody so that he could be eventually transferred to ICE. Based on this initial records review, Mr. Olivos-Gutierrez has had no other referrals to or involvement with ICE."

In simple language, the federal government does not make the removal of illegal aliens for such crimes as drunk driving, a priority. Furthermore, the city of Aurora is a 'sanctuary city' which often fails to report illegal aliens to ICE for misdemeanors, and simply releases these criminals back into the community.

Olivos-Gutierrez is next scheduled to appear in court on Monday to be formally charged.
Related articles:

Illegal alien killed 3-year-old child in Aurora
Illegal alien charged in fatal head-on crash in Denver
Colorado college now offers tuition break to illegal aliens

http://www.examiner.com/article/ille...alerts_article

By Jordan Steffen
The Denver Post
Posted: 03/27/2014 05:40:56 PM MDT9 comments | Updated: about 3 hours ago

Ever Olivos-Gutierrez has had a knack for drinking, driving and getting caught. Each time, his blood-alcohol level was higher than the time before, reaching two, three and allegedly four times the legal limit.

Each time, he was able to walk away without consequence, until he killed a 17-year-old boy early Monday and was captured while trying to drive away.

Colorado is one of just four states that don't impose felony penalties for drunken driving. Previous efforts to push through a bill changing that have failed, but a bill introduced earlier this year appears to be gaining early momentum.

The bill's supporters say budgets and outcry could make this year successful. Prosecutors warn that without a change in the law, they will continue to lack the ability to bring harsher charges and punishments against repeat offenders before a violent or deadly crash.

Repeat DUI offenders fill court dockets across the state. In some judicial districts, up to eight cases involving third-time DUI offenders are filed every week.

In 2009, a special investigation by The Denver Post illustrated the state's weak punishments of multiple DUI offenders. In reviewing 202 vehicular homicide DUI cases, The Post found inconsistent sentences, cases that included no jail time and offenders who were released and later drove drunk and killed again.

State lawmakers promised to create stricter sentences, but a felony DUI bill died in a House committee in 2010. A similar bill died again last year.

Fran Lanzer, state executive director for Mothers Against Drunk Driving Colorado, said cost has been repeatedly cited as a reason for Colorado failing to create a felony charge for DUI. Pennsylvania, Maryland, Maine and the District of Columbia also lack felony laws.

"It's a money issue," Lanzer said. "As a state, do we prioritize this? Because that's what a budget is, priorities."

Olivos-Gutierrez, who never obtained a Colorado driver's license, was sentenced to less than a year in jail for more than a decade of traffic offense — including two DUIs.

This week, his blood-alcohol level was almost four times the legal limit as he ran a red light in Aurora and smashed his SUV into a Chevrolet Camero driven by 17-year-old Juan Carlos Dominguez-Palomino at East Colfax Avenue and South Dayton Street in Aurora, according to an arrest affidavit.

Dominguez-Palomino died in his car. Olivos-Gutierrez, who has been living in the country illegally since January 2004, now could face first-degree murder with extreme indifference and five other counts.

In recent years, Immigration and Customs Enforcement agents have refocused deportation efforts to target those who commit more serious criminal offenses. A felony DUI law could help alert agents to people living in the country illegally when they are arrested for drunk driving.

In 2013, 133 people died from accidents involving drunk driving, said Rep. Mark Waller, R-Colorado Springs. For the second year, Waller has introduced legislation that would make some DUI charges felonies for repeat offenders.

"If you get your first DUI, fifth DUI or tenth DUI the punishment is the same," Waller said.

Under the proposed law, anyone who gets a third DUI in seven years, or is charged with a fourth DUI, will be charged with a Class 4 felony. That charge carries a sentence of up to six years in prison.

In past years, opponents to the measure claimed the price tag was too high. But a boost in state revenue means this year gives the bill its best chance of passing, Waller said.

The bill easily moved out of committee with bipartisan support and is sitting in the Appropriations Committee — where some supporters worry it will die. On Thursday, Waller asked for $1.7 million to be set aside in the budget to fund the first year of the measure. The bill's fiscal note estimates the budget for future years will be around $18 million, but Waller said he expects the real world costs will be lower.

"We have the money to do it this year," Waller said. "If we don't do it this year, we will never have a budget circumstance better than we have right now."

House Speaker Mark Ferrandino, D-Denver, said Thursday he has concerns.

"The question is what is the right remedy to deal with this," he said. "Putting them (offenders) in prison for a year is a penalty and definitely there deserves to be penalties on this, but it doesn't change behavior, especially if they have substance abuse issues."

Ferrandino, who supported the bill last year, said he would like to see provisions for DUI court programs.

Twentieth Judicial District Attorney Stan Garnett has long supported creating felony charges for repeat DUI offenders. On average, five to eight cases filed in his district each week involve defendants facing a third DUI.

"You have to try pretty hard to get two DUIs, and by the time you have three, you are, by definition, a very dangerous person," Garnett said.

Currently, all DUI offenses are misdemeanor charges with a maximum sentence of one year in jail.

A felony DUI charge makes it easier to obtain harsher sentences for drunken drivers before they cause deadly accidents, Garnett said.

"What you want to have with this kind of criminal enforcement is a complete tool kit to do what you need to do to hold people accountable," Garnett said. "That needs a felony DUI bill."

http://www.denverpost.com/news/ci_25...es-repeat-duis

July 1, 2015 5:26 PM

CENTENNIAL, Colo. (CBS4) – The drunk driver who crashed into a teenager, killing him, was sentenced to 40 years in prison. It was his fourth DUI.


Ever Olivos-Gutierrez (credit: Aurora Police Department)

Ever Olivos-Gutierrez, an undocumented immigrant, was sentenced to four decades in the Department of Corrections for the March 2014 deadly crash that killed 17-year-old Juan Carlos Dominguez-Palomino.

According to prosecutors, Olivos-Gutierrez’s blood alcohol level was .25 after the crash, that’s more than three times the legal limit for a DUI. He also may have been going more than 80 miles per hour and ran a red light at the time of the crash that killed Dominguez-Palomino of Aurora.


Juan Carlos Dominguez-Palomino (credit: Dominguez-Palomino family)

Olivos-Gutierrez had previously pleaded guilty to second-degree murder and driving under the influence with at least two priors.

Dominguez-Palomino’s family testified before state lawmakers when the felony DUI bill was passed in session this year. They were also with Gov. John Hickenlooper when he signed the bill into law on June 1.

http://denver.cbslocal.com/2015/07/0...-deadly-crash/

Colorado is the state where my son Kevin was killed. Their DUI law has been idiocy. A drunk behind the wheel of a vehicle is more dangerous than a drunk in the courthouse with a loaded gun. The drunk with a gun likely cannot hit anyone, the drunk with a car likely will not miss hitting anything. First offense could easily require a ten year sentence, and it should. Fines of $300 dollars or so does not stop a drunk from getting drunk. Revoking a drunk's DL does not keep him from driving drunk. A ten year prison sentence will keep him off the roads and consequently protecting the public! A death caused and a 4th DUI gets just 40 years? Should have been life
without parole!

Judges and DA's knowing that penalties in may states are tough on third and fourth offenses will plea bargain down to second. Especially if they are our of state with that fourth. Let some other state deal with the costs of imprisonment, just a DUI, and we got lucky, no vehicular death. There are few judges, DA's, and cops who hasn't driven under the influence themselves, so they are sympathetic to the one charged/ Thus without specific penalties without any bench discretion it is rare to get the maximum sentence for DUI because the judge in apt to be thinking, "But by the grace of our PD, there go I."

So, it did not take a huge jump to get Congresses and Presidents who ignore the Constitution, either, did it?