Two suspected killers in the country illegally, deputies say
Posted: Sep 28, 2010 7:55 PM PDT
Updated: Sep 28, 2010 8:51 PM PDT

By Brigida Mack

CHARLOTTE, N.C. (WBTV) - Two men suspected of killing a man outside an east Charlotte complex over the weekend are in the country illegally, WBTV has learned.

Police arrested Yaair Uresti, 20, and Cruz De Espana, 19, last year in Mecklenburg County on unrelated charges. Both were identified as illegal immigrants under the Federal 287-G program.

Yet they still got out on bond, free to commit more crimes.

Sheriff Chip Bailey says its frustrating problem they see again and again.

"Something needs to be fixed," he said. "We all know that. It needs to be fixed in Washington. It can't be fixed locally."

Bailey says one federal standard made impossible for them to keep these two men off the street: their age.

Even though both Uresti --an admitted MS 13 gang member-- and De Espana were jailed for lesser charges they were allowed to make bail.

"The key was the age," Sheriff Bailey points out. "Under the ICE standards if you're under 19 they consider you a juvenile or minor. It doesn't matter if the parent or the guardian is in the country legally or illegally. It's just if you're here with them, you, ah, can be released to their custody."

As frustrating as this age loophole is, Bailey insist the 287-G program works.

"It's identifying these people," he said. "It's telling us who they are. If they've had prior contact and any problems in the past then found out through that database."

The sheriff also told WBTV they have identified almost 14,000 illegal immigrants and have deported nearly 9,000 those since the program started in 2005.

http://www.wbtv.com/Global/story.asp?S=13234600