Suspect in teen's death 'fooled' employer


Illegal immigrant accused of killing teen had privileges similar to legal residents
By Jeff Starck • May 14, 2009

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A U.S. Supreme Court ruling and state laws allowed homicide suspect Raul Ponce-Rocha to attend school in Wausau and secure a driver's license, even though he was an illegal immigrant, authorities said.


Ponce-Rocha, 22, is accused of beating, strangling and stabbing 18-year-old Breanna Schneller on May 2. Ponce-Rocha, who was charged Wednesday with first-degree intentional homicide, faces a life sentence in a Wisconsin prison if convicted.

But before his arrest, he lived in Wausau for six years with privileges similar to those of legal residents.

Ponce-Rocha entered the Wausau School District in fall 2003 as a 10th-grade student after previously living in Mexico. He graduated in 2006 from Wausau West High School, said Mary Ellen Marnholtz, the district's community relations director.

The U.S. Supreme Court ruled in 1982 that public schools are prohibited from denying immigrant students access to a public education. As a result, school districts cannot ask about immigration status and do not have a record of how many undocumented children attend their schools.

"As long as they live in the school district, we will educate them," Marnholtz said.

Ponce-Rocha had worked at El Tequila Salsa in Rib Mountain since September, and worked there the day of Schneller's death.

El Tequila Salsa owner Rogelio Romano said Wednesday that he did not know Ponce-Rocha was an illegal immigrant, even during the hiring process. When hired, Ponce-Rocha provided the restaurant with a Social Security number and a valid driver's license, Romano said.

"He fooled me that way," Romano said. "Nothing looked wrong.

"He didn't show any signs (of being dishonest). This can happen to any restaurant."

Robert Heyman, assistant vice president of human resources and operations at Aqua Finance in Wausau, said Ponce-Rocha was hired in February 2008 as a dialer in the call center and quit in August.

Ponce-Rocha lived with his parents and two brothers on Kickbusch Street in Wausau, according to police reports. His sister also lives in the area.

His father, Raul Ponce, said Wednesday that he didn't know much about the charges against his son and declined to answer further questions.

"We just trust in God," he said during a brief interview at his home. "That's all we can do right now."

Previous run-ins with the law were not enough to warrant holding Ponce-Rocha for deportation proceedings, according to police.

He was arrested April 9, 2008, after police were called to investigate an alleged domestic abuse incident that involved his then live-in girlfriend of about two years, according to police reports. The woman told investigators that Ponce-Rocha pushed her into a snow bank, hurting her back. Criminal charges of battery and disorderly conduct were filed April 10, 2008, in Marathon County Circuit Court but were dismissed Aug. 29 when the woman returned to Mexico, said Marathon County Assistant District Attorney Lesli Pluster.

Ponce-Rocha was arrested again Feb. 21 in Wausau on charges of drunken driving and driving with a suspended license. He pleaded guilty in municipal court to the charges, and a judge ordered Ponce-Rocha to pay $961 in fines by May 16. The fines have not yet been paid, said Wausau Municipal Court Clerk Pam Fischer.

It is unknown why Ponce-Rocha's license was suspended at the time of his arrest. He appears to have obtained a driver's license before Wisconsin law was changed April 1, 2007, to require documentation of a motorist's citizenship or legal immigrant status.

There is no indication in police reports whether local authorities contacted U.S. Immigration and Customs Enforcement, or ICE, after either of his previous arrests.

Local law enforcement officials say it's up to a federal agency to decide whether to begin the deportation process against an illegal immigrant.

"We can't ask them if they are illegal," Wausau Police Chief Jeff Hardel said. "But during an investigation, if we discover they are illegal, then it's our responsibility to notify (federal authorities)."

Marathon County Chief Deputy Sheriff Scott Parks said officers who discover illegal residents call ICE, and that agency determines whether to jail the person on immigration charges. Local police can arrest them for a crime, but not on their immigration status, unless ordered to by ICE.

ICE spokeswoman Gail Montenegro said the agency places highest priority on holding illegal immigrants with past criminal records, or who have previously been deported, face serious criminal charges or are considered an immigration fugitive.

-- Reporters DJ Slater and Megan Loiselle contributed to this story.

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