N.C. - MAN CHARGED IN HILLSBOROUGH CHILD'S DEATH WAS IN COUNTRY ILLEGALLY, ICE SAYS
By Jonah Kaplan and DeJuan Hoggard
Updated 46 mins ago
HILLSBOROUGH, North Carolina (WTVD) -- A man charged in the death of a 5-year-old boy in Hillsborough is "unlawfully present" in the United States, Immigration and Customs Enforcement confirmed to ABC11 on Wednesday night.
An arrest warrant alleges that 28-year-old Alejandro Suarez left a construction truck running and did not set the parking brake Monday afternoon before it began rolling down a hill into a home, killing William Everett Copeland - who went by the name of Everett.
Earlier Wednesday, during a court appearance for Suarez, officials said he was suspected of being in the U.S. illegally, and ICE has put a detainer on him.
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Man charged in Hillsborough child's death was "unlawfully present" in the U.S. http://abc11.com/1676160/
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6:46 PM - 28 Dec 2016
Officials told ABC11 on Wednesday afternoon that Suarez told police that he was a Mexican citizen. His immigration status has not been confirmed by authorities.
On Wednesday evening, ICE confirmed to ABC11 that Suarez was "unlawfully present" in the U.S. In a statement, the agency said:
"U.S. Immigration and Customs Enforcement (ICE) issued a request that local law enforcement notify ICE prior to releasing Alejandro Suarez, a Mexican national unlawfully present in the United States, following his arrest December 26, on misdemeanor death by motor vehicle charges out of Orange County, North Carolina. Suarez is an ICE enforcement priority due to a prior conviction for driving under the influence in 2009.
ICE is focused on smart, effective immigration enforcement that prioritizes the removal of criminal aliens and other individuals who pose a threat to national security, public safety and border security. Aliens convicted of crimes involving violence are among ICE's highest priority for removal from the country."
The tragic incident happened on Dogwood Bloom Lane in Hillsborough's Forest Ridge subdivision, a new neighborhood not far from U.S. 70, where homes under construction are mixed with finished ones.
Just before 1 p.m., construction crews were loading the back of the truck when it started rolling. No one was inside the cab when it started gaining speed down the hill, through a front yard, a driveway, and then a garage door.
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The construction truck came loose and rolled down a hill (WTVD)
A group of children was playing in the yard and Everett couldn't get out of the way. The truck hit him before crashing into the home. Neighbors said a doctor who lives in the neighborhood ran over to help; she performed CPR until emergency crews arrived.
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William Everett Copeland (GoFundMe)
Everett was rushed to Duke University Hospital, but did not survive.
Suarez, of Angier, is charged with misdemeanor death by motor vehicle. Police said he was responsible for the control of the vehicle. He was taken to the Orange County Jail and is being held on a $10,000 bond. A bond document said he was not carrying ID when he was arrested.
According to North Carolina law, if found guilty, Suarez's misdemeanor death by motor vehicle charge could result in jail time of up to 60 days if this is his first conviction. The penalty also comes with a fine, which will be at the discretion of the court and likely under $1,000.
Even though Suarez was not behind the wheel of the truck as it struck the boy, he was named as the responsible party. A legal expert told ABC11 the court can find Suarez responsible of gross negligence.
"At this point, we don't believe the vehicle was properly secured," said Hillsborough Police Chief Duane Hampton. "We will also be following up the investigation, looking at the mechanical condition of the vehicle and confirming all of the working relationships, regarding specifically which company the crew was working for."
It's unclear yet whether others besides Suarez, including those who hired him, could face charges.
"When you're talking about the criminal law, you've got to show intent," said Orange County District Attorney Jim Woodall. "You have to have proof beyond a reasonable doubt of the elements of the crime and ... what the intent was. So I think that's getting way ahead of the game trying to look how far up the chain, how far up the ladder you can go.
"We'll just take this one step at a time," Woodall added.
Friends have set up a GoFundMe page for the boy's parents to help with funeral expenses.
http://abc11.com/news/man-charged-in...gally/1676160/
Man charged in boy’s Hillsborough death makes first court appearance
DECEMBER 28, 2016 7:10 PM
BY ABBIE BENNETT, RON GALLAGHER AND ANNA JOHNSON
Recordings of 911 calls reveal a frantic scene in which a neighbor administered CPR to try to save a boy who had been hit Monday by a construction truck. The man accused of leaving the truck unattended made his first court appearance Wednesday afternoon.
Alejandro Suarez, 28, of Angier is charged with misdemeanor death by motor vehicle in Everett Copeland’s death. Suarez is accused of leaving the truck running unattended in the under-construction Forest Ridge subdivision and not effectively securing the parking brake.
Everett was outside on Dogwood Bloom Lane when the truck full of dirt rolled, struck him and crashed into a house.
Bill Young, a Raleigh-based attorney who is representing Suarez, said his client is “soul-crushing disturbed by even being remotely connected, if he is, to something like this. I think he has been very cooperative.”
Suarez told police he is not a U.S. citizen, Hillsborough town spokesman Jonathan Rickard said Wednesday. Suarez told them he is a Mexican citizen.
U.S. Immigration and Customs Enforcement issued a detainer Monday for Suarez. The agency said Suarez was in the country illegally and had a 2009 conviction for driving under the influence.
The detainer would allow federal officials to take Suarez into custody before being released on bail, but ICE spokesman Thomas Byrd would not speak more specifically on Suarez’s case.
Three 911 calls placed after the incident reveal an emotional scene in which Everett’s mother tried to comfort him and a doctor performed CPR.
“Mommy’s right here. ... I’ve always loved you,” the mother can be heard saying in one call to Orange County Emergency Services.
In another call, an unidentified male tells a dispatcher that a truck “hit my child.” When asked whether the boy was conscious, the caller said, “No. No ... no.”
The boy’s mother told a dispatcher during one call, “I think he’s dead.”
A third 911 caller cried and cursed, saying “a car came through our yard and hit a little boy.” She also said a neighbor who is a doctor was performing CPR and that Everett, who lived with his parents, a twin sister and a younger sister, had a pulse.
Contractor unknown
Police are working to identify the company Suarez was working for. Typically, homebuilders and developers hire contractors to do work for them.
Rickard, the town spokesman, said construction workers provided a company name, and paperwork was found in the truck. But police have not spoken to anyone at the company, and Rickard would not name the company.
The truck is registered to a private party, Rickard said. Police don’t know if there is a connection between the owner of the truck and the work it was being used for at the subdivision.
Crescent Communities, the developer of the Forest Ridge subdivision, is trying to determine which of its four homebuilders hired the contractor that was working Monday.
“The accident involved construction equipment operated by a contractor hired by one of the community’s homebuilders,” Crescent spokesman Tony Wilbert said in a statement.
Wilbert said Crescent could not comment about specifics of the case because it involves another company’s employee.
Construction in the neighborhood has been halted “for the time being,” he said.
“We are closely monitoring the situation and cooperating with authorities. Crescent cannot express strongly enough our sympathies for the child's family and friends,” Wilbert said.
Rickard said a police report from the incident won’t be available for several days.
Orange County District Attorney Jim Woodall said further investigation might not lead to more criminal charges. Under state law, it can be tough to prove criminal intent when it comes to companies or corporations, he said.
“And this is a case where there is no question that this was not intentional. This was a completely unintentional event,” Woodall said. “So the question becomes, was there negligence that rises to such a level that it takes the place of criminal intent.
“The law only allows that in a few certain circumstances so there, ultimately, may not be a criminal charge here, but that is why you investigate – to make sure there is evidence to support the charge.”
Family support
Outside the home where Everett was killed, a memorial features flowers and candles.
A GoFundMe page called “Love for Everett Copeland” had raised more than $16,700 by Wednesday evening, collecting donations from more than 230 people. The campaign’s goal was to raise $10,000.
Ashleigh Sanzone of Hillsborough, who knows Everett’s parents, Bill and Ashley, created the fundraiser. In one update, Sanzone said the couple were thankful for the outpouring of support.
“They are broken but finding comfort in the kindness of family, friends and strangers alike,” she wrote.
Suarez, who was jailed in lieu of $10,000 bail, is set to appear in court again Jan. 9.
Young, the attorney representing Suarez, said his client is “a really awesome person.”
“He has an incredible family and support system,” he said.
Woodall said the situation is “hard to fathom.”
“Any time anyone gets killed when it’s a situation like this, it’s horrible,” he said. “But a 5-year-old boy and the day after Christmas... it’s just a tragedy and I’m so sorry for his family.”
http://www.newsobserver.com/news/loc...123432419.html
Lawsuit filed in case of Hillsborough boy killed by unmanned dump truck
Posted 3:57 p.m. yesterday
Updated 4:28 p.m. yesterday
HILLSBOROUGH, N.C. — The family of a 5-year-old Hillsborough boy who was struck and killed by a truck that rolled away from a construction site on Dec. 26 filed a lawsuit Monday in Orange County Superior Court against the companies involved in the building project.
Everett Copeland was playing outside with three other children when he was struck and killed by the truck, which rolled unmanned away from a construction site at the top of a hill on Dogwood Bloom Lane in the Forest Ridge subdivision.
The truck had been left unattended and running in neutral with the brake not properly set while parked on a steep slope as it was being loaded with dirt, the suit says. According to the suit, worker Alejandro Suarez had no experience in operating trucks and did not have a driver’s license.
Suarez, 28, of Harnett County, was charged with misdemeanor death by vehicle and has been in the Orange County jail since his arrest. He could face deportation because he is in the United States illegally, according to U.S. Immigration and Customs Enforcement, and has two previous moving violations.
Hillsborough police said Suarez was working for Kala Contracting, based in Apex, at the time of the incident.
“This man was unqualified and untrained to safely operate this truck, and his employers knew that and should never have allowed an unoccupied truck to be loaded so unsafely,” said David Kirby, a lawyer for the Copeland family. “This was an entirely preventable tragedy.”
The suit names Suarez, Kala Contracting and Amward Homes of N.C., the general contractor for the project and owner of the property, among its defendants.
http://www.wral.com/ice-man-charged-...tion/16509798/
