Driver in deadly crash an illegal immigrant
http://www.thespectrum.com/apps/pbcs.dl ... 80312/1002
Driver in deadly crash an illegal immigrant
By ELIZABETH CARLILE
ecarlile@thespectrum.com
CEDAR CITY - The driver of the vehicle that struck and killed Riley Rutherford on Friday was an illegal immigrant who was driving without a license and without insurance.
Victor Hernandez, 23, Beryl, was cited with those violations, as well as failure to yield the right-of-way, Cedar City Police Detective Sgt. Jerry Womack said Monday.
The fact that Hernandez is illegally in the United States is only adding to the frustration felt by Rutherford's friends and family.
"This immigration thing is a hot-button issue nationwide right now and people don't understand because they say, 'It doesn't affect me,'" said Dude Benson, a longtime friend of Rutherford. "But in the blink of an eye it can. Look how this accident has affected scores of people.
"It concerns me because this is devastating to a family first, then a business and then the community. Riley is a huge loss for this community."
Fred Bronsema, vice president of Riley Plumbing, said Rutherford's death has been life-altering for him.
"This is such a tragedy, it's not even funny," he said. "He was doing so many things and trying to help a lot of people."
Despite the accident, the business is still up and running and a private family service will take place to honor Rutherford.
Unfavorable situation
According to police reports, Rutherford was traveling west on Highway 56 on his motorcycle when Hernandez drove a passenger car onto the road at Lund Highway and struck him. Rutherford later died at Valley View Medical Center.
Womack said the fact that Hernandez is not documented doesn't affect how police will investigate the accident or charge him.
"(Undocumented immigrants) are supposed to operate vehicles the same way we do," he said. "They are responsible to have a driver's license and insurance."
According to the Department of Public Safety Web site, an illegal immigrant cannot get a driver's license but can obtain a driver's privilege card if they have an individual tax identification number.
The Internal Revenue Service only gives out tax ID numbers to those who come to the United States to work but are not staying in the county indefinitely.
The vehicle Hernandez was driving was not insured. Womack said he was allegedly going to purchase it from the registered owner, a woman from Beryl.
"Hernandez was buying the car from her so she could not be held liable for the accident," Womack said. "However, if she allowed these people to drive the vehicle and it was insured, her insurance could be held liable."
There will not be charges filed against Hernandez for Rutherford's death. To charge a person with vehicular homicide, Womack said police have to prove a reckless intent.
Illegal Immigrants Nationally
While Cedar City is dealing with the aftermath of Rutherford's death, the U.S. Senate is discussing new legislation relating to illegal immigrants.
Some of the proposals President Bush and members of Congress are considering include erecting a fence on the Mexico border to deter illegal immigration and treating people who sneak across the border as felons to be deported.
Proposals also include allowing illegal immigrants to stay in the country legally as custodians, dish washers, construction workers and other low-paid employees; allowing those working in the U.S. a path to citizenship; and, requiring them to get in line behind everyone else in their home countries who want to become United States citizens.