Thread: MA - Lawmakers Speak out After Illegal Immigrant From Stoughton Charged in..(updated)

Lawmakers Speak out After Illegal Immigrant From Stoughton Charged in Fatal Car Crash

By Jeffrey Pickette
June 28, 2012
Patch

After Auricelli Braga of Stoughton, an unlicensed illegal immigrant from Brazil, was charged in a two car crash which killed Stoughton grandmother Sara Escudero, two State Senators are speaking out.

Two State Senators who co-sponsored an amendment during last month's budget hearings that would increase the penalties for driving without a license and would require immigration status to be checked when applying for public housing, healthcare and employment, spoke out Wednesday after an unlicensed illegal immigrant from Stoughton was charged for her role in a fatal car crash.

Auricelli Braga, 32, of Stoughton, was charged with motor-vehicle homicide, negligent operation of a motor vehicle and driving without a license following a two-car crash in Canton on June 24 which killed a Stoughton grandmother.

Braga, from Brazil, is not a legal resident, according to the Boston Herald. She has been in this country illegally since 2002, the paper reports.

Sara Escudero, a 64-year-old Stoughton woman, died in the June 24 crash on Turnpike Street in Canton. She was on her way to work at the time. Escudero, born in Chile, lived in Stoughton since 1985 and became a naturalized U.S. citizen.

Despite not having a license, Braga still was able to register her car in November of 2011 since state law only requires an applicant to have a valid insurance policy. There is no requirement to have a license or proof of legal residency to register a car under the current law, according to the Boston Herald.

State Senate Minority Leader Bruce Tarr (R-Gloucester) and State Senator Richard T. Moore (D-Uxbridge), the sponsors of the aforementioned amendment, released the following statement on Wednesday:

“Once again, those who play by the rules are falling victims to the irresponsible acts of those who don’t. This is yet another clear example of why the Conference Committee and the Legislature need to act swiftly and decisively to ensure that those who are here illegally are not allowed to continue accessing benefits for those who are truly in need and jeopardizing the public safety of the citizens of the Commonwealth.”

According to a press release from Tarr's office, during last month’s budget debate, the Senate adopted a bipartisan Moore-Tarr amendment that would, among other things:

Increase the penalties for operating a motor vehicle without a license and for employing an unlicensed person as a motor vehicle operator

Expand penalties for allowing a person without a license, or whose license has been suspended or revoked, to drive a motor vehicle

Prevent applicants for public housing who are not eligible for federal assisted housing, or who do not reside in the US under color of law, from being given priority over, or otherwise displacing an applicant who has such status

Require MassHealth to use the federal SAVE (System of Alien Verification for Entitlements) system to verify all applicants’ immigration status for health care eligibility by July 31, 2013

Require employers to verify through federal programs that their employees are legally authorized to work in the United States

Enact new penalties for counterfeiting, stealing or altering licenses

Provide penalties for anyone who uses another person’s ID card or license, or furnishes false information to obtain such card or license.

The bipartisan amendment is currently pending in Conference Committee, according to the release.

One Old Vet

Lawmakers Speak out After Illegal Immigrant From Stoughton Charged in Fatal Car Crash - Stoughton, MA Patch

Outrage as car in fatal registered to illegal
Bill would require owners have license
By John Zaremba and Christine McConville
Thursday, June 28, 2012 - Updated 6 hours ago
Comments(169)


Sara Escudero

The illegal alien charged in a crash that killed a Stoughton grandmother was driving a car registered in Massachusetts in her own name, even though the state never issued her a driver’s license, the Herald has learned — highlighting a critical flaw in the law that has critics howling for action.

Auricelli Braga, 32, a Brazilian national who overstayed her tourist visa in 2002, registered her 2007 Nissan Sentra in November 2011. State law allows the Registry of Motor Vehicles to issue license plates as long as the applicant has a valid insurance policy — without requiring the RMV to check whether that person is licensed or even here legally.

“There is no legal requirement that a person has to have a license to own and register a motor vehicle,” said RMV spokeswoman Sara Lavoie, who said the registry doesn’t know whether Braga holds a license anywhere. “A requirement to motor vehicle registration is proof of sufficient insurance, and it is the RMV’s understanding that individuals must furnish evidence of a valid license in order to obtain insurance coverage.”

Officials at Braga’s listed insurance company could not be reached for comment late yesterday.

The fact that an unlicensed illegal alien was able to register a car that was involved in the Sunday crash that killed nurse Sara Escudero, 64, prompted a swift reaction from those trying to reform state law.

“I keep asking, how is this happening? How are they driving these cars? The Registry blames insurance,” said Maureen Laquerre of Milford, who testified at the State House in February on a bill by Sen. Richard Moore (D-Uxbridge) to tighten the law. “It just blows my mind. We have to show our license for everything in this country. People are losing their lives over this.”

Laquerre’s brother, Richard Grossi, was killed in a 2009 wreck involving an unlicensed illegal alien from Portugal who was driving a car registered to her husband, who was also unlicensed, authorities say. The bill has gone nowhere, Maureen Laquerre said.

“I’ve been shaking my head and banging it against the wall,” she said.

Many of the bill’s provisions — including a requirement that the RMV demand a driver’s license and proof of legal standing to obtain license plates — are included in a bipartisan budget amendment proposed by Moore and Sen. Bruce Tarr (R-Gloucester).

“It’s outrageous, and it once again reminds us that we have developed a tolerance for those who have no respect for the law. The consequences for that can be tragic,” Tarr said. “The purpose of government is to provide licensure, which means something. And to allow this sort of default argument, that since someone has insurance, that they must be complying with other laws, that doesn’t comport with our responsibility.”

Braga is charged with motor vehicle homicide and driving without a license in the Sunday crash in Canton that killed Escudero on her way to work. Police said Braga veered into oncoming traffic.

Braga, still hospitalized at Boston Medical Center, was ordered held on $250,000 bail. Immigration authorities plan to deport her once the criminal charges are resolved.

One Old Vet

Outrage as car in fatal registered to illegal - BostonHerald.com

#MA http://bit.ly/ebOVAf

Pressured pols target illegal alien drivers
By John Zaremba | Friday, June 29, 2012
Boston Herald

Legislators facing renewed pressure to tighten controls on illegal alien drivers passed a series of reforms yesterday, including a measure to require people registering cars to have a Massachusetts license or otherwise prove they are here legally.

The measures now on Gov. Deval Patrick’s desk in the form of budget amendments were passed after the Herald reported that an illegal alien charged in a fatal wreck that killed a Stoughton grandmother this week had registered a car here, though she had no Massachusetts license. The Registry of Motor Vehicles currently requires only proof of insurance to register a car.

“The policy ... effectively enables unlicensed drivers and illegal aliens to operate on the commonwealth’s roadways,” said Sen. Robert L. Hedlund (R-Weymouth), who first tried to tighten the law seven years ago. “This legislation puts an end to this ridiculous policy and stops illegal aliens from being able to register vehicles.”

Patrick’s staff did not respond to a request for comment.

He has 10 days to decide whether to approve the measure.

Auricelli Braga, 32, a Brazilian national who overstayed her 2002 tourist visa, is accused of striking and killing 64-year-old Sara Escudero, a nurse on her way to work. The Herald reported yesterday that Braga had registered the car she was driving in her own name, even though she had no Massachusetts license.

Braga was previously cited for driving without a license in 2009 in Brockton. Records show the case was dismissed after she paid $50 to cover court costs. The stop took place before Massachusetts implemented Secure Communities, a federal program that compares local arrest information against immigration data bases to help single out illegal aliens.

Pressured pols target illegal alien drivers - BostonHerald.com

January 9, 2013
By Stoughton Patch

Auricelli Braga pled guilty Wednesday in Norfolk Superior Court to charges stemming from a June 2012 car crash which killed a 64-year-old Stoughton woman, according to the Norfolk County DA's office. Braga is not a legal resident and faces deportation.

The unlicensed illegal immigrant drunk driver from Stoughton who crossed the center line of Rte. 138 in Canton on June 24, 2012, striking and killing Sara Escudero, a 64-year-old Stoughton woman, was sent to jail Wednesday, according to a press release from the office of Norfolk County District Attorney Michael W. Morrissey.

Auricelli Braga, 32, from Stoughton, pled guilty in Norfolk Superior Court to both charges against her: Motor Vehicle Homicide by Negligent Operation while Operating Under the Influence and Unlicensed Operation of a Motor Vehicle, according to the DA's office.

“The judge imposed 2.5 years in the house of correction with two years incarcerated and the balance suspended during 5 years of supervised probation," Morrissey said in the release. "Terms of probation include abstaining from drugs and alcohol, and a she must pay a $1,000 fine for the unlicensed operation."

The DA's office asked for a 3-5 year sentence. Meanwhile, defense attorney Ron Rice had asked Judge Kenneth Fishman to impose a 1-year sentence, according to the release.

Nine members of the Escudero family were present for the plea in Norfolk Superior court on Wednesday, January 09, 2013, and four gave victim impact statements, the release states.

“The defendant is also the subject of an ICE detainer, and will face deportation proceedings after she finishes her incarceration,” Morrissey added.

Braga, originally from Brazil, is not a legal resident, the Boston Herald reported back in June. Braga legally entered the U.S. in November 2001 with permission to remain in this country until May 2002. However, Braga never left the country and has been here the last 10+ years, an Immigration and Customs Enforcement official told the Herald.

According to the District Attorney's office: "The fatal collision occurred at about 5:35 a.m. [on June 24, 2012] in the area of 239 Turnpike Street in Canton, when the black Nissan Sentra that Braga was driving home after a night of partying at the Splash night club in Boston and visiting a friend in Framingham. Her blood alcohol level an hour after the crash was measured at .12 % - one and a half times the per se legal limit of .08, according to prosecutors.

"A witness who spoke to reporters after the crash said that he had needed to swerve his own car out of Braga’s path moments before she struck and killed Sara Escudero. Canton police conducted the investigation with the assistance of the Massachusetts State Police Collision Analysis and Reconstruction Section," the DA's office continued.

Escudero was on her way to work at the Hebrew Rehabilitation Center in Roslindale at the time of the crash. She was the wife for 43 years of Jorge Vidal, the mother of three daughters and the grandmother of two.

“This was an absolutely senseless loss of life,” said District Attorney Morrissey, who met with the family prior to the Wednesday hearing in Superior Court. “The impact on this family and the loss they feel is difficult to put into words. It is clear that Sara was deeply loved, and is now deeply missed.”

Stoughton Drunk Driver Sent to Jail After Killing Stoughton Woman - Stoughton, MA Patch

The Enterprise
Posted Jan 10, 2013 @ 06:11 AM
Last update Jan 10, 2013 @ 06:32 AM


Sara Escudero, 64, seen in this 2009 photograph with her granddaughter Emily Rose, was killed in a two-vehicle crash on Turnpike Street in Canton early Sunday morning, June 24, 2012.

A daughter of the woman killed by another woman who was driving drunk said her family is “incredibly disappointed” in the driver’s 2 1/2-year jail sentence.

Perla Vidal, 32, of Stoughton said Auricelli Braga of Stoughton, who was sentenced in Norfolk Superior Court on Wednesday, should have received one year in jail for every year taken away from the life of her mother, Sara Escudero – which she said would be between 20 to 25 years.

“In an ideal world, in a just world, I believe that the person who killed my mother should spend a year for every year she took away from my mother,” Vidal said.

Braga, 32, was sentenced Wednesday to serve 21/2 years in jail, with six months suspended, for the death of Escudero, 64, of Stoughton, in a crash on Route 138 in Canton on June 24.

At the time of the accident, Braga was unlicensed and admitted in court on Wednesday that she was driving drunk. Braga, a Brazilian national, has also spent the last 10 years in the country illegally and faces deportation after completing her jail sentence.

At a plea hearing Wednesday, she pleaded guilty to charges of negligent vehicular homicide while driving drunk and unlicensed operation of a motor vehicle.

Ross Feinstein, a spokesman for U.S. Immigration and Customs Enforcement, said Braga should have left the country in May 2002 when her visa expired.

“Once local charges are adjudicated, she will be turned over to ICE and placed in removal proceedings,” Feinstein said in a a statement.

Braga was driving home after a night of partying at the Splash nightclub in Boston and visiting a friend in Framingham when her Nissan Sentra crossed the center line of Route 138 at 5:35 a.m. and slammed into the victim’s car.

Escudero, a married mother of four and grandmother of two, was on her way to work to start her 7 a.m. nursing shift at the Hebrew Rehabilitation Center in Roslindale.

“This was an absolutely senseless loss of life,” said Norfolk County District Attorney Michael Morrissey, who met with the family before Wednesday’s hearing. “The impact on this family and the loss they feel is difficult to put into words. It is clear that Sara was deeply loved, and is now deeply missed.”

Police said Braga’s blood-alcohol level was 0.12 percent, 50 percent over the limit.

Nine members of the Escudero family attended Wednesday’s plea hearing, including Escudero’s husband and three of her daughters.

Vidal said she was speaking for her entire family in expressing disappointment at the length of the jail sentence.

“To only receive 21/2 years as a sentence is grossly inadequate,” Vidal said.

While Vidal said that Braga’s actions are “pretty close to unforgivable,” she said that she is relieved that Braga took responsibility for her actions.

“Never throughout this whole proceeding has she ever given us any indication that she’s not remorseful,” Vidal said. “That is something that will definitely go a long way in our personal healing.”

Vidal said she hopes that Braga turns her life around and can use her actions in a way to dissuade others from driving drunk.

Vidal said her mother, Sara Escudero, was a “superwoman” who put herself through nursing school while working full-time. Vidal added that her mother, a Chilean immigrant who became a U.S. citizen in 2004, never asked for a handout, but worked hard to help others as a nurse.

“I would totally describe her as someone with a lot of pride, a lot of dignity and a lot of empathy and compassion for people,” Vidal said.

Drunk driver who killed Stoughton woman faces jail, deportation - Brockton, MA - The Enterprise

Vidal said her mother, Sara Escudero, was a “superwoman” who put herself through nursing school while working full-time. Vidal added that her mother, a Chilean immigrant who became a U.S. citizen in 2004, never asked for a handout, but worked hard to help others as a nurse.

I have so much respect for this woman and it is infuriating that an illegal little party girl took her from her family.