Family of crash victim suing local agencies over immigrant's release
Julie Hayden Reporter
9:18 PM MST, February 11, 2010


Martin Kudlis

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AURORA, Colo. - The parents of three-year old Martin Kudlis are filing a lawsuit in Arapahoe County District Court, seeking to hold local governments and law enforcement agencies accountable for the death of their son.

The little boy died September 4, 2008 while he was eating ice cream at a Baskin-Robbins store in Aurora. Francis Hernandez, an illegal immigrant, allegedly ran a red light at Mississippi and Havana and crashed into a pickup carrying two women.

The pickup crashed into the ice cream store and the child died after being hit by flying debris. Both women in the truck were also killed.

The Kudlis' lawsuit notes that Hernandez had been arrested numerous times in several Colorado cities and claims officers knew, or should have known, that he was an illegal alien and reported him to immigration authorities.

But, the suit says, no one did. And each time, Hernandez was released back onto the streets.

The Kudlises say that if the cities, counties and law enforcement agencies had done their jobs, Hernandez would not have been on the street the night of the crash, and their son would still be alive.

They claim the actions, as well as the practices and polices of the government agencies, violated their son's 14th amendment right to equal protection.

Former Congressman Tom Tancredo, an outspoken critic of U.S. immigration policy, says he fully supports the Kudlis' suit.

"I'm ecstatic about this," Tancredo told us. "I've encouraged everyone who has had this unfortunate, this horrible kind of situation -and there have been hundreds throughout this country...to do exactly what these people are doing."

Legal experts say the suit is a long shot, because the agencies can try to assert governmental immunity.

http://www.kdvr.com/news/kdvr-kudlis-cr ... 3858.story