Thread: Driver's Illegal Immigrant Status Infuriates Victims' Famili

Driver's Illegal Immigrant Status Infuriates Victims' Families
ICE, Aurora Police Shift Blame Over Hernandez
Kim Ngan Nguyen, Staff Writer

POSTED: 5:33 pm MDT September 8, 2008
UPDATED: 6:23 pm MDT September 8, 2008

DENVER -- Victims' family members, police officers and several Republican lawmakers are wondering why an illegal immigrant who has had at least 16 arrests in the past five years was never deported, and ultimately allowed to be behind the wheel of a vehicle involved in a recent deadly hit-and-run.

Police said Francis Hernandez, 23, was driving without a license when he ran a red light last Thursday and triggered a chain reaction crash that killed 3-year-old Marten Kudlis; Patricia Guntharp, 49; and Debra Serecky, 51. Marten was sitting by the window inside an ice cream shop and best friends Guntharp and Serecky were driving to get frozen custard when Hernandez rammed into the friends' pickup truck forcing it into the Baskin Robbins, police said. All three died within minutes.

Immigration officials said Monday it appears that Hernandez was born outside the country and has no proof he entered the country legally. Hernandez has listed California, Mexico and Guatemala as his places of birth in previous arrests.

Carl Rusnok, a spokesman for Immigration and Customs Enforcement, said Hernandez came to the United States in 1991 from Guatemala. But his exact immigration status has been difficult to track since it appears he has used 11 aliases and has claimed to be a U.S. citizen, Rusnok said.

According to court documents, Hernandez has an extensive criminal record with arrests for assault, theft, fraud, forgery and driving under restraint. His most recent arrest in July was on a charge of resisting a police officer, according to court documents.

"I feel that the judge that let him out should go to jail with him. He had so many criminal records. He had such a bad history -- driving with no license. He killed two people, plus he killed my boy," said Marat Kudlis, Marten's father.

Solomon Mazeled, Marten's uncle, said he came to the country 25 years ago from Belarus and earned his U.S. citizenship through hard work. He's angry to learn that Hernandez's immigration status was never scrutinized until now.

"If the judge let him go, knowing that he's a fugitive ....," said Mazeled.

ICE said it is only now investigating Hernandez's status because of the high-profile nature of this case. Rusnok said a picture of Hernandez is stored in illegal immigrant databases and it does not appear that local or state law enforcement officials have ever run his name through the database before, despite his numerous arrests.

However, Aurora police officers, who arrested Hernandez in April 25 on a traffic violation, said they did ask ICE to investigate Hernandez.

"Ultimately, he went from the Aurora city jail to the Arapahoe County Jail," said Aurora police Detective Bob Friel. "There was a request made of ICE to look into his immigration status at that point. We now know, after talking with the sheriff of Arapahoe County today that ICE did not respond to that request and did not come out of the jail to inquire further."

Sheriff Grayson Robinson said ICE was requested to check Hernandez's immigration status, but federal agents never placed a hold or detainer on him so Hernandez was able to bond out despite his lengthy arrest record.

Friel noted that there is "growing frustration" within the Aurora Police Department toward federal immigration officials, who oftentimes don't respond to calls regarding suspected illegal immigrants.

For example, Friel spoke of a case several weeks ago when a van full of suspected illegal immigrants were pulled over by Aurora police along Interstate 70. ICE was notified but agents told Aurora police that they didn't have the personnel to respond so the 12 suspected illegal immigrants were allowed to walk away and told to find a job and build a life for themselves wherever they wish to set roots.

Republican Lawmakers Blame Democratic Governor, Mayor

The case has polarized those in the immigration debate.

"It is the mayor's responsibility to enforce state laws as they apply to Denver," said Rep. Tom Tancredo, R-Littleton. "Since Denver continues to remain a sanctuary city, in clear violation of state and federal law, the blood from this incident is on his hands. Francis Hernandez was in custody in Denver but was not one of the cases referred to ICE by Denver police. How many more innocent people must die before Denver gets serious about obeying the law?"

"It's time that we put a stop to the catch and release practice that allowed this tragedy to occur," said Rep. Jim Kerr, R-Littleton.

"Democrats have consistently blocked our efforts to clearly identify those who are here illegally and engaged in criminal activity, and to take action," said Sen. Mike Kopp, R-Littleton. "This tragedy is further proof that it's past time that we empower our law enforcement community to do what Coloradans want done: address illegal immigration and protect public safety."

Suspect 'Distraught' Over Deaths, Attorney Says

Hernandez was advised Monday that he is being held on three counts of vehicular homicide, reckless driving and hit-and-run. The judge raised his bond from $100,000 to $250,000.

Hernandez is currently on an immigration hold, which means he will be released to immigration authorities if the charges were dropped and the state releases him. ICE said they would start formal deportation proceedings and permanently ban him from re-entering the country.

Defense attorney Kallman Elinoff said Hernandez and his family are distraught over the deaths.

"He's just devastated ... He's well aware of the value of life. Like I said, he's got two small children himself. He may be a young kid but when three people die as a result of your actions -- be it accidental or otherwise -- I don't think there's anything easy about grieving with that. And the time it takes to get over that. He's expressed very deep and sincere remorse," said Elinoff. "He'll be dealing with that for the rest of his life."

Family members don't believe that Hernandez is remorseful.

Hernandez ran from the crash scene, was picked up by a friend, and then showered and changed before police could arrest him at his home roughly two hours after the Thursday night crash, Aurora police Lt. John Sopranuk said.

"I wish that he was here and I was in his place," said Mazeled, pointing to a large picture of Marten that hangs outside the newly boarded facade of the Baskin Robbins. "God probably needed good people, so maybe I'm not good enough for God."

Marten Kudlis will be buried Wednesday. The public is invited to his funeral, which will be held at 10 a.m. at the Fairmount Mortuary Chapel at 430 S. Quebec St.
http://www.thedenverchannel.com/news/17 ... n&psp=news

This case, like so many others involving babies, breaks my heart. I am soooo frustrated I want to scream. Instead i just went in and gave my baby an extra kiss goodnight. WHEN WILL THIS MADDNESS BE STOPPED!!!!!!!!

Congress and President Bush could act now on behalf of this little boy and the two women and do something if they would. McCain and Obama both voted in favor of amnesty for this criminal. Where is the human in these politicians who will not stand up for what is right?

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http://www.alipac.us/ftopict-131031.html

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When I moved to my small town last January, there were no illegals here. In the 8 or 9 months since then, our population of illegals has grown dramatically. I know they are illegal because I have stood behind more than one at a customer service counter where they had no ID at all. If they were here legally, even if they did not have a license, they would have had their green card or passport.

In today's paper, There was a story of a man in the hospital after a crash. Ms. Gonzalez, an unlicensed driver, cut him off and his car was knocked into a tree. No mention of status, but she was ticketed for improper turn and driving without a license. I think we can all guess what her status is. I left a comment under this story asking if it will take the deaths of our children before our police even check.

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http://www.alipac.us/article-3519-thread-1-0.html

And yet there are idiots out there who continue to argue that illegal immigration is a "federal issue." This case (among many others) proves this is not the case! Had the local courts done what was correct in this case(place an immigrations hold on this guy), three people would still be alive.

Local officials had 16 chances to get this right and they failed miserably every time! Why does it takes the deaths of innnocent Americans before ICE will finally pick scum bags like this and deport them. WHY?

When are people going to finally understand that illegal invaders do not believe in obeying the law!! This is only going to get worse unless something is done!