Thread: Illegal immigrant witness in DUI case may have fled

Illegal immigrant witness in DUI case may have fled United States

Nobody told GPS bracelet was cut off

Updated: Wednesday, 19 Oct 2011, 12:55 PM EDT
Published : Wednesday, 19 Oct 2011, 8:05 AM EDT

MILFORD (FOX 25 / MyFoxBoston.com) - We're finally hearing from immigration officials about the disappearance of a key witness in the Matthew Denice case. Police say he vanished after he cut off his GPS bracelet and ICE never told them about it. His disappearance has prompted a local congressman to call for a federal investigation.

U.S. Immigration & Customs Enforcement has released a statement saying it was in fact notified once Luis Acosta cut his GPS. It says procedures were properly followed by ICE's enforcement and removal operations.

What is clear is that Acosta is gone, and nobody seems to know where he is. Acosta is an illegal immigrant from Ecuador and also a key witness to the death of Denice, of Milford. In August, Acosta was in the front seat of the truck that struck and killed Denice. That driver, Nicolas Guaman, is also here illegally and is being held.

On Oct. 1, Acosta cut off his GPS bracelet. Two days later, Milford police served him with a summons to appear before the grand jury. They had no idea he wasn't wearing a GPS. Five days later, Acosta vanished, police found out only when he failed to show up to the grand jury hearing. Watch the video to hear what they told us.

This is a case that has prompted one local congressman to call for a federal investigation. And what's still unclear is how it is that somebody lost track of Acosta. ICE has released a statement telling FOX 25 it was in fact notified once the GPS was cut and that procedures were properly followed by ICE's enforcement and removal operations.

Acosta is an illegal immigrant and a witness to the death of Denice. Acosta was in the front seat of the car that struck and killed Denice back in August. The driver, Nicolas Guaman, is also an illegal immigrant. He is being held. Right, now nobody knows where Acosta is because on October 1 he cut off his GPS bracelet.

Police later tracked Acosta's cell phone to the airport terminal at JFK, where flights to Ecuador depart. Local police and a local congressman are upset because they weren't told until Acosta failed to show up to testify at the grand jury hearing on Oct. 6.

"What I don't understand is how a bracelet could've been cut on the first of October, and the servicing company not alerted the chief in Milford and apparently ICE as well," said Congressman Neal.

"Should we have been called? I think we should have been called," said Chief Thomas O'Laughlin, of the Milford Police Department.

Back in September, ICE determined Acosta was in violation of the Immigration and Nationality Act. After a background check, ICE says it found he had no past criminal history or charges that would have made him a national security risk or public safety threat. It says he was not subject to mandatory detention and was put on the GPS while he awaited removal proceedings.

The bottom line is nobody is sure where this guy is and local police wanted him held. And they tried, were able to hold him only a short while until ICE took over.

FOX 25 did receive a copy of the letter sent by the Worcester County District Attorney to ICE calling Acosta a key witness to the death of Denice and asking that he not be deported at least until after he testified.

>> Letter from DA Early called Acosta a 'Key Witness' and requested that ICE not deport him



ICE released the following statement:

"ICE attached a monitoring device to Luis Acosta as a way to monitor him prior to his appearance before an immigration judge with the Executive Office of Immigration Review (EOIR). EOIR adjudicates immigration cases by conducting immigration court proceedings, appellate reviews and administrative hearings.

"Contrary to public reports, ICE attaching a monitoring device had nothing to do with him being a possible material witness in a criminal investigation. While Acosta came to our attention after the tragic death Matthew Denice, local jurisdictions have the responsibility for keeping track of possible witnesses in their criminal investigations.

"ICE only detains and places individuals on alternative to detention programs (i.e., monitoring devices) in order to monitor aliens going through removal proceedings."


Read more: http://www.myfoxboston.com/dpp/news/loc ... z1bHOwTeBf

Chief irate over ICE response to missing witness

By John Zaremba
Thursday, October 20, 2011 - Updated 2 hours ago

Milford Police Chief Tom O’Loughlin reacted angrily to a federal immigration statement that a missing illegal alien witness is his problem, not theirs.

“I’m beside myself,â€

Related:
Illegal Immigrant, a Key Witness in Deadly Hit-and-Run, Believed to Have Fled U.S.
http://www.alipac.us/ftopic-253082-0.html