Thread: CO-Feds were alerted to driver's possible illegal status

Feds were alerted to driver's possible illegal status

Suspect remained free despite 16 prior brushes with law
By Judi Villa, Rocky Mountain News , April M. Washington, Rocky Mountain News (Contact)
Tuesday, September 9, 2008


Aurora authorities alerted U.S. immigration officials in April that Francis Hernandez might be an illegal immigrant, Aurora police spokesman Bob Friel said Monday.

But the feds didn't detain Hernandez. He remained free, despite 16 prior brushes with the law. And on Thursday, Hernandez, 23, allegedly broadsided a truck in Aurora, killing three people, including a toddler.

The tragedy has many in the community demanding answers.

Why wasn't Hernandez - who immigration officials said Monday they believe is a Guatemalan national here illegally - deported long ago?

Why, after 16 arrests, wasn't he behind bars?

"It shouldn't take a car accident and three people passing away for the government and the police to realize he should have been gone a long time ago," said Ricky Staats, whose mother, Debra Serecky, 51, was one of the victims.

The incident has also reignited a debate about U.S. immigration policies. Gov. Bill Ritter said in a statement Monday he was outraged that an illegal immigrant with a lengthy rap sheet had remained free "to kill three innocent people."

"This is exactly why Washington needs to finally show leadership and enforce existing immigration laws and craft a comprehensive strategy for the future," Ritter said.

Immigration and Customs Enforcement officials said they have no record of Aurora contacting them April 25, when Hernandez was arrested in Aurora for speeding and driving without a valid license.

"He's never been referred to ICE before (the Thursday triple fatality)," said ICE spokesman Carl Rusnok. "He has routinely been giving various aliases and places of birth," Rusnok added. Given that he provided bogus information, "it's understandable why (local law enforcement agencies) may not have suspected that he was an illegal alien and therefore did not refer him to us."

But Friel disputes that. In fact, Aurora police made more than 2,500 referrals to ICE last year, but ICE responded only "a fraction of the time," Friel said.

"The police are doing their job by arresting and locking him up 16 times," Friel said. "It's up to ICE to deport illegal immigrants out of the country, not local law enforcement," he said. "We're at a boiling point."

Police say Hernandez sped through a red light and broadsided a pickup truck, killing Serecky, of Aurora, and Patricia Guntharp, 49, of Centennial. Also killed was Marten Kudlis, 3, of Aurora.

In court Monday, Hernandez hung his head as District Court Judge Anne Ollada raised his bail to $250,000. He will return to court Thursday to face formal charges.

Clad in an orange jail jumpsuit and handcuffs, Hernandez briefly made eye contact with several family members in court, including his girlfriend, who carried his baby in her arms. Hernandez's attorney, Kallman Elinoff, said Hernandez is "just devastated."

But Vito Kudlis, who lost his only son, Marten, didn't buy it. "This guy did bad things and something needs to change." Kudlis will bury his little boy Wednesday.


Staff writers Alan Gathright and Hector Gutierrez contributed this report.


Funeral services

* Debbie Serecky and Patricia Guntharp: Pending

* Marten Kudlis: 10 a.m. Wednesday at Fairmount Cemetery, 430 S. Quebec St., Denver, CO 80247, 303- 377-6728. Flowers may be sent there. A Marten Kudlis Memorial Fund has been established at Bank of the West, Denver Branch, 1550 17th St., Denver, CO 80202, 303-202-5730.



Arrest record

Francis Hernandez has a record dating to 2003 under several aliases, according to the Colorado Bureau of Investigation:

* Sept. 6, 2003 Broomfield, third-degree assault

* Dec. 16, 2003 Failure to appear

* Feb. 7, 2004 Petty larceny

* June 10, 2004 Fugitive warrant

* Aug. 24, 2004 False reporting, criminal impersonation

* Aug. 25, 2004 False reporting, criminal impersonation*

* Jan. 1, 2005 Misdemeanor forgery

* Feb. 2, 2005 Fugitive warrant

* Feb. 3, 2005 Failure to appear, fugitive warrant

* Feb. 10, 2005 Failure to appear

* Feb. 24, 2005 Failure to appear

* April 22, 2006 Fugitive warrant

* April 26, 2006 Contempt of court, fugitive warrant, failure to appear

* May 18, 2006 Failure to appear

* June 9, 2006 Fugitive warrant

* April 14, 2007 Obstructing police, fugitive warrant

* April 17, 2007 Failure to appear

* April 25, 2008 Fugitive warrant, failure to appear

* April 25, 2008 Fugitive warrant, speeding, failure to signal, no insurance, false statement to police

* July 18, 2008 Obstructing police, resisting arrest, making false statement, failure to appear, driving with suspended license, fugitive warrant

* Sept. 4, 2008 Hit and run, vehicular homicide, vehicular assault, reckless driving, no valid driver's license, no proof of insurance, fugitive warrant



What they're saying

Colorado lawmakers two years ago passed one of the toughest anti-illegal- immigration measures in the country. But last week's fatal crash involving a suspected illegal immigrant has led to a lot of finger-pointing.

* "It is the mayor's responsibility to enforce state laws as they apply to Denver. Since Denver continues to remain a sanctuary city, in clear violation of state and federal law, the blood from this incident is on his hands." U.S. Rep. Tom Tancredo, R-Littleton

* "No matter how many times Congressman Tancredo says it, Denver is not a sanctuary city. Denver fully cooperates with federal immigration officials, routinely reporting in excess of 2,000 arrestees a year to Immigration and Customs Enforcement, the federal agency which makes deportation decisions." Denver Mayor John Hickenlooper's office

* "This is not the first time that Gov. (Bill) Ritter's policies toward illegal immigration seem to have jeopardized public safety. As district attorney, his plea bargaining put illegal immigrants back onto our streets. This recent tragedy now appears to be the direct result of such policies, and I find it reprehensible." Rep. Mike May, R-Parker

* "Two years ago, Colorado enacted some of the toughest anti-illegal-immigration laws in the country. Tom Tancredo, Mike May and these other Republican lawmakers know that. For them now to try to turn this horrific tragedy into a political bludgeon is politics at its worst. " Gov. Bill Ritter's office

* "That law was passed with broad bipartisan support. I think clearly something went horribly, fatally wrong. It's going to take all of us to solve this problem. We need to do three things: Bring comfort to the families; bring the perpetrator of this crime to justice; (call for) swifter enforcement. Democratic House Speaker Andrew Romanoff



http://www.rockymountainnews.com/news/2 ... e-illegal/

The incident has also reignited a debate about U.S. immigration policies. Gov. Bill Ritter said in a statement Monday he was outraged that an illegal immigrant with a lengthy rap sheet had remained free "to kill three innocent people."

"This is exactly why Washington needs to finally show leadership and enforce existing immigration laws and craft a comprehensive strategy for the future," Ritter said.

He is SO FULL OF BS. HE is EXTREMELY LAX about illegal aliens!!! I am sure he is refering to a comprehensive strategy like Mc Cains and Kennedys.

Lethal incident reignites debate on illegal immigrants
Submitted by SHNS on Tue, 09/09/2008 - 15:56. By JUDI VILLA and
APRIL M. WASHINGTON, Scripps Howard News Service national

Months before a lethal collision, Colorado authorities alerted U.S. immigration officials that Francis Hernandez could be an illegal immigrant.

But the feds didn't detain Hernandez. He remained free, despite 16 prior brushes with the law. Last week, Hernandez, 23, allegedly broadsided a truck in Aurora, Colo. killing three people, including a toddler.

The incident's reigniting a debate about immigration policy and causing many in the community to demand answers.

"It shouldn't take a car accident and three people passing away for the government and the police to realize he should have been gone a long time ago," said Ricky Staats, whose mother, Debra Serecky, 51, was one of the victims.

Colorado Gov. Bill Ritter said in a statement this week that he was outraged that an illegal immigrant with a lengthy rap sheet had remained free "to kill three innocent people."

"This is exactly why Washington needs to finally show leadership and enforce existing immigration laws and craft a comprehensive strategy for the future," Ritter said.

Aurora authorities alerted U.S. immigration officials in April that Francis Hernandez might be an illegal immigrant, Aurora police spokesman Bob Friel said Monday.

Immigration and Customs Enforcement officials said they have no record of Aurora contacting them April 25, when Hernandez was arrested in Aurora for speeding and driving without a valid license.

"He's never been referred to ICE before (the Thursday triple fatality)," said ICE spokesman Carl Rusnok. "He has routinely been giving various aliases and places of birth," Rusnok added. Given that he provided bogus information, "it's understandable why (local law enforcement agencies) may not have suspected that he was an illegal alien and therefore did not refer him to us."

But Friel disputes that. In fact, Aurora police made more than 2,500 referrals to ICE last year, but ICE responded only "a fraction of the time," Friel said.

"The police are doing their job by arresting and locking him up 16 times," Friel said. "It's up to ICE to deport illegal immigrants out of the country, not local law enforcement," he said. "We're at a boiling point."

Police say Hernandez sped through a red light and broadsided a pickup truck, killing Serecky, of Aurora, and Patricia Guntharp, 49, of Centennial, Colo. Also killed was Marten Kudlis, 3, of Aurora.

In court Monday, Hernandez hung his head as District Court Judge Anne Ollada raised his bail to $250,000. He returns to court Thursday to face formal charges.

Staff writers Alan Gathright and Hector Gutierrez contributed this report.

(Judi Villa and April M. Washington write for the Rocky Mountain News in Denver)
http://www.scrippsnews.com/node/36142

The incident has also reignited a debate about U.S. immigration policies. Gov. Bill Ritter said in a statement Monday he was outraged that an illegal immigrant with a lengthy rap sheet had remained free "to kill three innocent people."

"This is exactly why Washington needs to finally show leadership and enforce existing immigration laws and craft a comprehensive strategy for the future," Ritter said.

I always get nervous when I hear politicians use words like "comprehensive strategy" when describing immigration enforcement in this country! Especially, when it would have been just as easy to say I that existing immigration law needs to be enforced in this country.