Mexican gets prison time before he'll be deported
Thursday, May 24, 2007
By Steven Hepker

shepker@citpat.com -- 768-4923

Todocia Guerra was a triple threat on March 12: a fugitive from justice, an illegal alien and a home invader.

Roger Walbrook was recovering from back surgery when a sound, and some sort of odor, drew him out of bed to his bathroom. Guerra, a small Mexican with a shaved head, surprised the Napoleon homeowner and they struggled.

"I heard a noise, like Roger had fallen in the bath tub," his wife, Elsie, said.

Together, the Walbrooks subdued Guerra. She called 911 while Roger held him down.

Guerra pleaded guilty to second-degree home invasion. The case came to a close Wednesday when Jackson County Circuit Judge John McBain stuck his foot in the revolving door.

"Deporting you back to Mexico isn't enough," McBain said. "You need to spend some time in an American prison."

McBain exceeded guidelines of 5-17 months with a prison term of 3-15 years.

He cited Guerra's history of break-ins and breaking American immigration law. Guerra, 40, has two children in America, three in Mexico, and speaks little English, interpreter Edwin Colleur said.

Guerra was charged with a break-in in Lenawee County in 2002, but charges were dropped in exchange for deportation.

"You came right back across," McBain said. Guerra was charged with home invasion in Hillsdale County in 2004, then skipped his hearings. He was working on a Napoleon dairy farm in March when he broke into the Walbrook home, defense attorney David Lady said.

Lady argued for no more than a year in the county jail, and then deportation.

McBain asked Roger Walbrook for his take on an appropriate sentence.

"He admitted that he did this because he is stupid. Let's educate him, because this won't be tolerated," Walbrook responded.





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