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By Sheryl Marsh
DAILY Staff Writer
smarsh@decaturdaily.com · 340-2437

A Hispanic man, whom a jury acquitted of murder in the traffic death of an 8-year-old girl, is free after the Immigration Naturalization Service dropped its hold on him for possible deportation.

Arturo Lupian checked out of the Morgan County Jail around 2 p.m. Monday, according to personnel.

A jury found him innocent Friday of the death of Amber Merkle, who died in a traffic accident May 1, 2004.

Lupian's lawyer, Ronald Smith, said he's happy his client is free after 19 months in jail.

"After he's found not guilty, he is not really the county or the state's problem," Smith said. "They (state, county) can hold him 48 hours, or for extended periods in some cases, but in this case INS said they're too busy and they just released him. Since he was acquitted, he went from high priority to low priority for deportation."

Police accused Lupian of causing a chain reaction wreck by ramming into the back of Sonya Glenn's sport utility vehicle in which Amber was a passenger. Amber died three days later of severe head injury at Huntsville Hospital.

Two surprise witnesses turned the case around during Lupian's trial last week, a juror said. They testified that Glenn caused the chain wreck when she rear-ended the car in front of her. One of the witnesses said Lupian tried to brake to avoid hitting Glenn, but did not have enough time.

Police charged Lupian with driving under the influence and assault. Later authorities upgraded the charge to manslaughter and a grand jury indicted him for murder.

Jurors who freed Lupian, said the testimony about Glenn having a wreck first was major in their decision to acquit Lupian.

Glenn denied hitting the car in front of her first. She testified that Lupian hit her, and then she ran into the other vehicle which in turn hit the first car in line at a traffic light at U.S. 31 and Moulton Street.

Lupian is said to be headed west with his family.