Thread: After deportation, shooter was caught, freed again

After deportation, shooter was caught, freed again

http://www.azcentral.com:80/news/articl ... ooter.html
Judi Villa, Michael Kiefer, Carol Sowers and Michael Clancy
The Arizona Republic
Sept. 20, 2007 12:00 AM


Erik Jovani Martinez had been deported in March 2006 after a felony conviction for theft.

Erik Jovani Martinez should have been in prison and not jaywalking the day he gunned down Phoenix police Officer Nick Erfle.

But despite a lengthy criminal history and a deportation, Martinez remained free, even after he was arrested again in the Valley just two months after he had been forced to leave the country in 2006.

Scottsdale police say they didn't know Martinez, 22, was an illegal immigrant or that he had been deported when they arrested him in May 2006 for grabbing his girlfriend's arm twice during a quarrel.

Martinez was deported in March 2006 after a felony conviction for theft.

Had Scottsdale police known, Martinez should have been jailed and should have faced federal charges for returning to the country illegally. A conviction would have earned him up to 20 years in prison.

Instead, he posted $300 bail and was released.

On Wednesday, one day after Martinez gunned down Erfle on a central Phoenix street, the officer's death reignited the ongoing immigration debate.

Phoenix Mayor Phil Gordon called on Washington officials to "secure the border and secure it now" before another officer pays the ultimate price.

"This individual that took our officer's life is a perfect example, a poster child, of our failed Washington policy for securing our borders," Gordon said.

But others say Martinez shouldn't necessarily be a flashpoint in the acrimonious debate over where immigration policy and law enforcement should intersect.

Martinez was brought to the United States as an infant and lived his whole life here. Clearly, he also was a career criminal, racking up a dozen arrests before he turned 18 and continuing to have brushes with the law afterward.

Even law-enforcement officials said they were hesitant to say Erfle's murder could be blamed on immigration issues.

"It's a big, complex issue," said Maricopa County Sheriff Joe Arpaio, who has been in the national forefront when it comes to pursuing undocumented immigrants.

Still, Arpaio admitted, "You can't catch 'em all. We have a lot of violence out there, whether you're legal or illegal."

A troubled youth

Martinez has an extensive juvenile record that includes assaults and auto thefts. He was a documented gang member who admitted in court papers that he drank and smoked marijuana and crack cocaine. His first arrest, in July 1999, came after his parents reported him as incorrigible.

Martinez spent most of his teens on probation. Arrests for truancy led to more serious things: underage drinking, several threats and assault and stealing a vehicle. Martinez was serving time in juvenile detention for auto theft when he turned 18 and had to be released, according to court records.

Just months later, he was in trouble again, arrested for auto theft. He served time in a Maricopa County jail, then violated his probation and eventually wound up in prison in January 2006. Two months later, Martinez was deported. Typically, illegal immigrants convicted of a felony must serve all or part of their sentence before being deported.

Sneaking back

Martinez apparently sneaked back across the border almost immediately. Scottsdale police arrested him on May 15, 2006, after an officer saw him quarreling with his girlfriend. Scottsdale police spokeswoman Shawn Sanders couldn't say whether officers had contacted immigration officials after the arrest. She would say only that information about Martinez's deportation was "not available to us at that time."

A spokesman with Immigration and Customs Enforcement said he didn't believe Scottsdale police had contacted the agency, but he couldn't say that unequivocally.

A judge ordered Martinez into a domestic-violence counseling program, but he "didn't comply" and an arrest warrant was issued, Sanders said.

By the time Erfle was killed, Phoenix police were trying to find Martinez for hitting his girlfriend and threatening her with a shotgun in June 2006. Phoenix police obtained a warrant for his arrest in January and were trying to locate him.

The link between undocumented immigrants and crime is difficult to quantify. On Wednesday, about 18 percent of the 10,108 inmates in Maricopa County jails had immigration holds, sheriff's Capt. Paul Chagolla said. An estimated 10 percent of Arizona's population is Mexican nationals.

It's difficult to say whether that's a reflection of illegal immigrants committing a disproportionate amount of crimes or if it reflects Arpaio's crackdown on those who enter the United States illegally. The percentage of the jail population with immigration holds has doubled since Arpaio began his crackdown.

Still, crime certainly has morphed into a hot-button issue in the immigration debate.

Phoenix police were reluctant to address the issue before Erfle is laid to rest, but officials acknowledged that they could not draw a link between immigration policy and the officer's murder. "It's random," Lt. Benny Piña said. "I don't think there's a correlation there."

Before Erfle, the last Phoenix police officer killed by an undocumented immigrant was Marc Atkinson, who was ambushed and shot to death in 1999. Since then, five Phoenix police officers, including Erfle, have been shot to death in the line of duty.

"I think the officers are committed to doing their job regardless of whether the person's in the country illegally or not," Police Chief Jack Harris said.

Police Sgt. Andy Hill recalled that when Phoenix police Officer George Cortez Jr. was shot to death in July while answering a call about a bad check, the questions revolved around whether officers should travel alone or in pairs. Cortez did not have a partner.

"It's the job," Hill said. "It's you putting human beings in circumstances, and that human being is subject to all the dangers that are out there.

"We arrest people like that every single day who don't say they're going to kill a police officer."

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Suspect in officer's shooting ex-con, had been deported
Jaywalker shoots 8-year police veteran

http://www.azcentral.com/news/articles/ ... t0919.html
Judi Villa, Lindsey Collom and John Faherty
The Arizona Republic
Sept. 19, 2007 12:00 AM


Phoenix police officer, Nick Erfle, 33, husband, father of two, twice cancer survivor, shot in face and killed by previously arrested, previously deported, drug abusing, illegal alien gang banger.-- immigration watchdog.com

Phoenix police Officer Nick Erfle survived two bouts of cancer to put back on his uniform and patrol the city's streets.

On Tuesday, a jaywalker shot him in the face and killed him.

"He's a hard charger. Even though he had a serious illness, he came back to work the streets as soon as he could," Sgt. Joel Tranter said.

"This will affect the officer's family and the Phoenix Police Department forever. . . . It will always be a loss."

The gunman, an illegal immigrant who had been deported last year, fled after shooting Erfle, commandeering a stopped car at gunpoint and ordering the motorist to drive. About an hour later, a Phoenix police tactical team surrounded Erik Jovani Martinez, 22, on a west Phoenix street and shot him dead as he pointed a gun at the hostage. The hostage was not hurt.

"The city of Phoenix, the citizens of Phoenix have lost another hero in our community," Assistant Phoenix Police Chief Michael Frazier said, announcing Erfle's death. "He died a hero doing the job he loved doing most."

Erfle was the second Phoenix police officer killed since July and the third Valley officer killed this year. He was married with two children and had a large extended family.

"This is another tragic day for the citizens of Phoenix. We have lost one of our family," said Dave Siebert, the city's vice mayor. "This has happened way too many times in the city of Phoenix. . . . He was one of our finest."

Martinez, who had three children, was a gang member with a history of drug abuse, police say. He was convicted of theft in 2004 and served a short stint in prison in 2006. Immigration officials confirmed he had been deported in March 2006.

A deadly morning

Police say Erfle, 33, and Officer Rob Rodarme were patrolling in a two-man car around 8:30 a.m. Tuesday when they saw three people jaywalking across 24th Street near Pinchot Avenue, interfering with traffic.

The two officers stopped the three, a man and two women, on Pinchot to talk to them and asked for identification. Police rarely issue citations for jaywalking, telling people instead to just cross at a safer spot in the future, Tranter said.

The man didn't have identification but gave officers a name and birth date that Erfle ran through a police computer. That search turned up a misdemeanor warrant for shoplifting out of Tucson.

Police would later find out the man hadn't given his real name. Martinez likely used an alias because he was trying to hide the fact he had felony warrants for aggravated assault and false imprisonment, stemming from a 2006 domestic-violence incident.

But the officers didn't know any of that and tried to arrest him on the misdemeanor warrant.

That's when Martinez shoved Erfle to the ground, pulled a gun and fired multiple times. Police said it all happened in a matter of seconds.

"There was three shots, and there was a pause, and then one more shot," said Bob Newnum, who lives nearby.

Rodarme ran after the fleeing suspect but couldn't return fire because the area was too crowded, Tranter said.

Police flooded into the area. Newnum said Erfle's body was facedown across a sidewalk, with his feet partly in the street. His partner was kneeling over Erfle, cursing.

"It's a shame," Newnum said. "I'm all choked up. I'm a real admirer of the police force. They go above and beyond all the time, and when one of them get hurts, it really bothers me."

Roger Elliott, who works nearby, came outside after a maintenance man told him to dial 911.

"Oh, my God, there was just blood all over the place," Elliott said. "I can't even describe it. I've never seen anything like it."

"There was no movement at all. . . . I'm sure he was dead."

Elliott said it took three officers to pull Rodarme away from his partner. Paramedics pumped on Erfle's chest before whisking him away in an ambulance.

"It was just a feeling I will never, ever forget," Elliott said. "I just cannot believe it. . . . It's such a stupid thing."

After the shooting, the assailant ran to the intersection of 24th Street and Thomas Road, where he carjacked the sedan. Witnesses were able to give police a description of the vehicle and a license plate.

One hour later, a tactical officer in an unmarked car spotted the stolen vehicle with a passenger matching the suspect's description. Officers began a covert surveillance of the vehicle and managed to box it in near 27th Avenue and McDowell Road.

The suspect raised his gun to the hostage, and an officer fired through a window once, killing him, Detective Bob Ragsdale said.

The two women did not flee after Erfle was shot. They were questioned by police and were cooperative, Tranter said. Police don't anticipate filing any charges against the women.

A life cut short

Erfle had been an officer for eight years. He was pronounced dead at 9:30 a.m.

In Erfle's north Phoenix neighborhood Tuesday night, Tiana Iannuzzi, 17, tearfully remembered the officer as a playful and patient family man who never raised his voice. Iannuzzi baby-sat for Erfle's two sons, ages 3 and 5, and said the officer was "a great guy."

Erfle had twice battled testicular cancer.

"We miss him a lot," said Tiana's mother, Carmella Iannuzzi. "He was just so strong during his cancer treatment. It's just very sad. He was just an all-around good guy."

Phoenix Mayor Phil Gordon was vacationing in Hawaii when he heard of the officer's death and was trying to make arrangements to get back to the city.

He issued a statement, saying, "Once again, a hero has died too young."

"He and his wife were still making the plans all young couples make," Gordon said.

"Today, they are left with too few memories and too much heartache. I share the grief of a caring community and continue to pray for his family."

Earlier in the day, Virginia Roper, who owns Amy's Beauty Salon on 24th Street, said she heard the police cars swarming the area and figured something serious must be happening.

Her eyes welled when she heard Erfle had been killed.

"I feel sorry for his family," said Roper, whose son-in-law is a Chandler police officer.

"They work so hard, and their life is always on the line," she said. "It's just very sad. Very, very sad."

Gary Dubay watched the aftermath from the parking lot of Phoenix Bicycle, where he works.

"I don't know how to react to something like that," Dubay said. "He was just stopping those people, and all of a sudden that breaks out. It's pretty crazy."

A series of tragedies

This has been a particularly violent year for Valley police officers.

Glendale police Officer Anthony Holly was shot and killed during a traffic stop in February. Phoenix police Officer George Cortez Jr. was killed in July after responding to a call about a bad check.

And now, just two months later, Erfle is dead.

"This just illustrates how dangerous police work is," Tranter said.

"You can contact someone for anything, a speeding ticket, jaywalking, walking down the sidewalk. What initially may be perceived as a simple contact, you could be dealing with a dangerous suspect."

Erfle was described as a well-respected, hard-working and dedicated officer who didn't allow his fight with cancer to sideline him.

Tranter said the officer even turned down a light-duty desk job to get back to patrol.

"He's a police officer. Rather than have a non-enforcement office assignment, he chose to get back in uniform and back on the street as quickly as he could," Tranter said.

"He will be greatly missed."

He was brought here as an illegal when he was an infant? I guess that qualifies Martinez to get a legal visa and in-state tuition under the Dream Act?.. . way to go, Democrats!

KPHO.com
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KTAR.com


OFFICER DIES; SUSPECT KILLED; HOSTAGE RESCUED

LATEST NEWS

Video:9/19/07 - 5 Investigates Man Who Fatally Shot Police Officer




5 Investigates Shooter In Officer's Slaying

POSTED: 8:33 pm PDT September 19, 2007
UPDATED: 5:33 am PDT September 20, 2007


PHOENIX -- The man who shot and killed a Phoenix police officer before he himself later was fatally shot by authorities was an illegal immigrant, a federal official said Wednesday.

Erik Jovani Martinez, 22, was in the country illegally last year when he was arrested and convicted on theft charges, said Vinnie Picard, a spokesman for Immigration and Customs Enforcement.

He said Martinez was deported on March 3 last year, and at some point re-entered the country illegally.

"If he did not come into this country, that officer would not be killed," said Maricopa County Sheriff Joe Arpaio.



Maricopa County Sheriff Joe Arpaio



Arpaio said it's an example of why he's tough on illegal immigration. He said 20 percent of the inmates in Tent City are undocumented.

"We talk about illegal and then we talk about deportation and how they keep coming across the border and that's why I'm concentrating on the county line, to arrest people coming across," Arpaio said.

5 investigated the shooter's records and found that Martinez was born in Mexico and came to the U.S. with his parents as an infant.

He joined a gang at age 13. Before his conviction, a presentence investigation determined he was a medium risk to re-offend, even with an extensive juvenile history.

Lt. Benny Pina said a bench warrant against Martinez, issued in January, stemmed from a June 2006 assault against his girlfriend involving a shotgun. A detective working on the case was unable to locate Martinez, a member of a street gang, to arrest him.

On Tuesday, Martinez was stopped by Phoenix police Officer Nick Erfle for jaywalking on a busy central Phoenix street. Knowing he had a felony arrest warrant for aggravated assault, police said Martinez gave them an alias.



Nick Erfle



But that plan backfired when the alias turned up a different arrest warrant for shoplifting out of Tucson. When Erfle and his partner tried to arrest Martinez, a fight ensued, Martinez pulled a gun and fatally shot Erfle, said Phoenix police Sgt. Joel Tranter.

He said Martinez then ran from the scene, jumped into a car stopped in traffic, and told the man inside to drive as he pointed a gun at him.

A patrol officer spotted the car an hour later, said Police Chief Jack Harris. More police arrived and tactically blocked the car from all directions. An officer fatally shot Martinez when he pointed his gun at the hostage's head, Tranter said. Martinez died in the car, and the hostage was unharmed.

"We are very, very sorry that this happened," said Elias Bermudez, founder of Immigrants Without Borders.

"The fact that the person was undocumented does not make him a criminal. He was a criminal to begin with," he said.

5 Investigates learned that Martinez had been offered numerous services through the Maricopa County juvenile court system.

His conviction last year was his first known adult felony.



or redistributed.

http://www.kpho.com/news/14155246/detail.html

This is getting damn ridiculous, CLOSE THE BORDER AND ENFORCE THE LAWS.....NOW

Look how young this kid was I am just sick of all this crap enough is enough AMERICANS!!! Get involved here an put a stop to this crime in our country, our children are dying out there and this is a WAR!!!!



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