Thread: Suspect in fatal crash had 3 DWI convictions

March 28, 2007, 12:33AM
Suspect in fatal crash had 3 DWI convictions


By CINDY HORSWELL
Copyright 2007 Houston Chronicle


Before being charged with killing a Porter woman and her pregnant daughter in a crash Sunday, Ignacio Gomez-Gutierrez had been convicted three times for drunken driving in Harris County, court records show.

His third DWI arrest, which would normally become a felony, was reduced to a misdemeanor, a move the mayor's crime victims advocate calls a "pivotal moment" that ultimately led to the deaths of Maria Ortiz, 49, and her 18-year-old daughter, Vanessa, who was five months pregnant.

Records also show Gomez-Gutierrez, an illegal immigrant from Mexico, was never deported after serving his time in jail in 2002, 2004 and 2005.

The victims' family members and others say Gomez-Gutierrez should never have been back on the road in the first place.

"We are so angry," said Sylvia Flores, 28, whose mother and younger sister died in the accident. "If everyone had done what they were supposed to do, they would still be alive. I don't want (Gomez-Gutierrez) to slip through the cracks again. He's just been given a slap on the wrist. No wonder he did it again."

Records show Gomez-Gutierrez spent 26 days in the county jail for the first drunken driving conviction, three days for the second incident and six months for the third.

While the first two convictions were for misdemeanor drunk driving charges, by law, the third was elevated to a third-degree felony.

'System' criticized

As Gomez-Gutierrez sits in Harris County jail awaiting trial on two counts of intoxication manslaughter and one count of failure to stop and render aid, one advocate said he hopes justice is finally served.

"Things like this should be taken more seriously. You are allowing someone to drive with a 6,000-pound weapon," said Andy Kahan, crime victims' director for Mayor Bill White. "The system was allowing (Gomez-Gutierrez) to be punted, passed and kicked out to do what he did best — drive drunk."

Assistant Harris County District Attorney Traci Bennett could not be reached for comment as to why the plea arrangement was made to reduce the third drunken driving case from a felony to a misdemeanor in 185th State District Court. Colleen Barnett and Donna Goode, who have supervised her, said they did not have access to her files and could not comment.

Illegal crossing

Luisa Deason, U.S. Immigration and Customs Enforcement spokeswoman in Houston, said files are still being reviewed to determine if local law enforcement ever notified the federal agency about Gomez-Gutierrez's convictions before releasing him from jail.

Investigators have determined that Gomez-Gutierrez entered the United States illegally in Hidalgo, Texas, on May 1, 2001. He has not returned to Mexico since.

Deason said efforts to detain illegal immigrants who have committed minor crimes — not categorized as felonies — have improved since September. "We have more federal officers stationed at the jail keeping track of who is there," she said.

She said she could not say for certain what happened in this incident. In the past, however, more priority has been given to illegal immigrants who are violent gang members or who have committed felonies, Deason said.


Women killed on impact

According to the investigating Houston police officer, Javier Calvillo, Gomez-Gutierrez's blood alcohol was about three times the legal limit.

Police say he was speeding on the Eastex Freeway about 3:40 p.m. Sunday when his pickup slammed into the back of a 1998 Buick belonging to the Ortiz family. The two women were killed on impact near the entrance to Kingwood, investigators said.

Gomez-Gutierrez did not stop at the accident scene, authorities said, but was captured farther down the road after being struck by another vehicle when he fled from his disabled car. Gomez-Gutierrez, who wasn't injured in the crash, kept running until a bystander pinned him down about a mile east of the accident, authorities said.

The Ortiz family lives in the 18000 block of Ferney Lane. Neighbor Heather Petty said the Ortizes moved to the east Montgomery County neighborhood about three years ago. Petty said Maria Ortiz and her husband were ''nice people" and that she had given the couple furniture for their mobile home.

Chronicle reporter Renee C. Lee contributed to this report.

cindy.horswell@chron.com



http://www.chron.com/disp/story.mpl/front/4667218.html

This happens in NC all the time.

Originally Posted by had_enuf

This happens in NC all the time.

So why arent more North Carolinians angry and doing something about it?

Originally Posted by usatime

Originally Posted by had_enuf

This happens in NC all the time.

So why arent more North Carolinians angry and doing something about it?

Beats me USA. Everybody I know is mad as hell & contacting reps weekly.

Added to Homepage

http://www.alipac.us/modules.php?name=N ... e&sid=2050

Sounds like N.C.'s Reps are taking the Bush approach.

These things should never have to happen. This a real American Tradgety. How long will it take to get these injustices to the American People rectified?

And another one....

Ignacio Gomez-Gutierrez probably a relative of that POS would along with that flake, Flake would give us more amnesty.