20 Commentsdenver & the west
ICE checks out suspect in ice cream fatals
By Kirk Mitchell
The Denver Post

Article Last Updated: 09/06/2008 08:28:28 PM MDT


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Truck hits ice cream shop, kills 3A man held for suspicion of vehicular homicide in the deaths of a 3-year-old child and two women is now being detained by federal immigration officials.

U.S. Immigration and Customs Enforcement sent a faxed a detainer on Francis Hernandez, 23, at 12:04 a.m. Saturday, indicating his U.S. citizenship is under question, according to Arapahoe county jail officials and federal authorities.

Hernandez has been arrested 16 times in five years in Colorado but apparently has never been deported, according to Colorado Bureau of Investigation records.

On Friday, authorities said they believed he was a U.S. citizen born in California.

Hernandez had been arrested in Denver as recently as July 18 on a traffic stop and charged with numerous crimes including resisting police, CBI records say. Had he been held on an ICE detainer at the time, he would have been jailed until his case was completed and he served any sentence, then deported, a time-consuming process.

Hernandez is now being held on the ICE detainer and for investigation of three counts of vehicular homicide, reckless driving and hit and run after he allegedly left a Baskin-Robbins store at South Havana Street and East Mississippi Avenue where the accident happened at about 8 p.m. Thursday, Sopranuk said.

His bail was raised Friday from $10,000 to $100,000, according to Sgt. Lisa Grosskruger of the Arapahoe county jail.

Late Friday afternoon, the Aurora police identified the three victims as Patricia Guntharp, 49, of Centennial, Debra Serecku, 51, of Aurora, and 3-year-old Marten Kudlis.

Sopranuk said that Hernandez was driving a Chevy Suburban rapidly and erratically south on Havana shortly after 8 p.m. Witnesses said he may have run a red light at the intersection of Mississippi and South Havana.

The SUV hit a northbound white Mazda pickup that was turning into the Good Times burger outlet. The impact sent the truck more than 100 feet into the corner of the Baskin Robbins in the Market Square shopping center.

Dating back to 2003, Hernandez has been arrested for mostly misdemeanor offenses 16 times by police officers in Denver, Longmont, Aurora, Westminster, Lakewood and Broomfield and sheriff's deputies in Boulder, Gilpin and Arapahoe counties, according to Colorado Bureau of Investigation records. His charges have included forgery, assault, theft, fraud and driving under restraint.

But he apparently was never deported previously. Sopranuk said Friday that Hernandez was born in California and is a U.S. citizen. But he added that detectives could find no indication that he had ever held a driver's license in California or Colorado.

Also according to CBI records, Hernandez, who has 11 aliases and two listed birth dates, has four listed birth places including Mexico.

ICE placed a detainer because of indications he was born outside the country, said ICE spokesman Carl Rusnok. Officers are currently investigating his citizenship, he sai.

When ICE did not place a hold on Hernandez following his July 18 arrest, he was released and has since been listed as a fugitive, according to CBI records.

There were multiple warrants for his arrest when the fatal accident happened Thursday, Sopranuk said.

He could not be reached for comment Saturday.

Rusnok said it is possible that if Hernandez is illegally in the country that his status was not checked or identied previously despite numerous arrests.

He said in some instances suspects are arrested for minor offenses and they are released on bail or serve short sentences before an citizenship check is done.

ICE places a priority on deporting illegal immigrants who have been arrested for crimes, Rusnok said. Sometimes ICE agents make regular visits to jails checking for suspects illegally in the country, he said.

Kirk Mitchell: 303-954-1206 or kmitchell@denverpost.com



http://www.denverpost.com/headlines/ci_10400247