Thread: Police: Driver who fatally struck San Jose girl is unlicense

Quote in part:


The decision whether to file criminal charges against Fierro De Marin will be made by the Santa Clara County District Attorney's Office.

Local authorities aren't responsible for enforcing immigration laws, and police in many cities, including San Jose, have standing policies that limit officers from notifying immigration authorities about a suspect's status unless a felony is involved.

In Fierro De Marin's case, police initially arrested her on suspicion of felony vehicular manslaughter and driving without a license, a misdemeanor, but released her to spend more time developing the case, Davis said.

Since felony accusations were involved, police alerted immigration officials about her status, Davis said.

Efforts to reach Fierro De Marin on Thursday were unsuccessful, but last week she told the Mercury News she was driving to pick up her own daughter from the same school when the crash happened. "I feel so bad. I'm so, so sorry," said Fierro De Marin, whose family moved here from Mexico 20 years ago. "It's as if it happened to me."

Meanwhile, Cedillo said Breanna's death should serve as a reminder that many undocumented immigrants are driving California's streets and highways without proper training.

Once again, Republicans oppose Cedillo's bill, SB 60.

"There are arguably good reasons why we want to know who is here - and identification is not a bad idea - but what we do is we send a wrong message to law-abiding Californians that we have to follow the law but everyone else doesn't," said Assemblyman Anthony Adams, R-Monrovia. "That's the fundamental problem."


http://www.mercurynews.com/ci_9645252?s ... ost_viewed

Breanna not forgotten by many
CLASSMATES, STRANGERS PAY RESPECTS TO CRASH VICTIM
By Lisa Fernandez
Mercury News
Article Launched: 06/15/2008 01:32:50 AM PDT


Click photo to enlarge
A memorial of flowers and other items have been placed around a tree near... ( David M. Barreda )«123»
Video
Breanna's memorial
Read and sign
Guest book in memory of Breanna Slaughter-Eck

A pile of pink roses, teddy bears and Mylar balloons is growing in an upscale San Jose neighborhood near Hoover Middle School, where a sixth-grade girl was killed Thursday on her bike after she was struck by a Ford Bronco.

But there were two people Saturday who simply could not bring themselves to view the memorial in honor of Breanna Slaughter-Eck, 12, at the corner of Park Avenue and Selborn Place.

"I just can't go there," said Joe Castro, whom Breanna considered a stepfather and called Dad. "It's too much for me."

Everything, even going to visit her daughter's memorial, seems overwhelming to Breanna's mother, Donna Slaughter, who can barely speak without tears choking off her words.

Saturday, Slaughter wore a green Hoover Middle School T-shirt, and couldn't focus on her two other daughters, Alicia, 3, and Cheyenne, 1, who came out of the family's tiny apartment to see whether their mom would play Dora dolls with them.

"I just don't know what to say," Slaughter said wearily, her eyes red. "I still can't believe it."

Both she and Castro are angry at what happened to Breanna on her last day of school. Her folks said she was the kind of girl who helped cook dinner, intervened in family disputes and rode her bike carefully.

Even though Breanna wasn't wearing a helmet that day, the couple lay the blame for the accident on Adriana Fierro De Marin, 31, whose sport-utility vehicle hit Breanna about 12:15 p.m., as she was


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driving to pick up her own eighth-grade daughter from Hoover. Without elaborating, police say Fierro De Marin did not have a driver's license. Although she was not arrested, the case will be forwarded to the district attorney's office for review.
Saturday, Elisa Sanchez called the Mercury News to say that her sister, Fierro De Marin, was deeply distraught, but couldn't talk publicly. She also would not discuss why her sister didn't have a driver's license or her sister's immigration status. The family, she said, emigrated from Mexico about 20 years ago.
"We are devastated," Sanchez said. "What we say cannot bring Breanna to life. But my sister is a dedicated mother with two daughters of her own. I talked to her today. How can I explain? She is thinking a lot about Breanna's parents. She's crying a lot. She hasn't stopped crying. This was an accident, and now, two families are destroyed."

About two miles away from where Breanna lived, strangers and friends stopped by the spot where she was killed and added to an ever-expanding impromptu memorial.

Robbie Galasso, 12, lives two blocks away from where Breanna's gray Schwinn was tragically crumpled. He came by on a skateboard to pay respect to a fellow

sixth-grader, although he didn't personally know her.
"It feels kind of sad," he said. "Now, we all have to be more careful. Our parents are saying how dangerous things can be."

Maria Ramirez, 12, stopped by the memorial with her father. She had the school locker right next to Breanna's and the two were friendly, even though Maria is a grade ahead.

"She was so nice," Maria said. "I saw it on the news and I just started crying."

Robert Nagy, 24, doesn't have children and he didn't know Breanna. But his best friend's son goes to Hoover, and somehow, he just felt connected to the tragedy. He drove by, leaving a bouquet of flowers.

"I just feel so bad," he said. "This is so gut-wrenching."

The memorial is directly in front of Lisa Garvey's house.

It's clear, Garvey said, that this accident and the sadly colorful mound of teddy bears and balloons outside their living room window, has affected both of her young sons.

Ryan, her 4-year-old, blurted out of fear, "Mom, I don't want to ride my bike anymore."




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Contact Lisa Fernandez at lfernandez@mercurynews.com or (40 920-5002.
http://www.mercurynews.com/ci_9593330?s ... ost_viewed

Posted: Friday, 20 June 2008 8:59AM

Driver Accused of Killing SJ Girl is Illegal Immigrant


SAN JOSE, Calif. (KCBS) - A 6th grader was recently struck and killed by a car as she biked home from Hoover Middle School in San Jose.
Authorities say the alleged driver does not have a driver's license, and according to published reports, she is here in California illegally.

The tragedy is renewing the debate over whether the undocumented in California should be able to apply for driver's licenses. Opponents argue no, illegal immigrants should not get government benefits and services, but proponents believe allowing them to obtain licenses will keep other motorists, pedestrians and cyclists safer.

It is considered fairly common for officers to encounter unlicensed drivers. Licenses are important, says the CHP. "You need to have an understanding of how to operate a motor vehicle, number one, and number two, how to operate a motor vehicle safely," suggested CHP spokesman Officer Trent Cross.


www.kcbs.com

IT REALLY IRKS ME WHEN OBL'S IMPLY THAT IF AN ILLEGAL HAS A LICENSE THAT A PARTICULAR DEATH WOULD NOT HAVE OCCURRED.

THIS WOMAN, IF SHE HAD A LICENSE WOULD HAVE STILL CAUSED THIS ACCIDENT. MOST OF DRIVING IS COMMON SENSE SO I DOUBT THIS TRAGEDY WOULD HAVE BEEN AVOIDED IF THIS WOMAN HAD A LICENSE.

JUST BECAUSE SOMEONE TAKES A TEST THAT VERIFIES THAT THEY KNOW THE RULES OF THE ROAD DOES NOT MEAN THEY WILL FOLLOW THOSE RULES.

AND IF THEY TAKE THE TEST IN SPANISH, THERE IS GO GUARANTEE THAT THEY CAN UNDERSTAND THE ROAD SIGNS ANYWAY.

she was here 20 years