Feds probe driver’s release
By Uriah A. Kiser
Published: August 3, 2010

As Secretary of Homeland Security Janet Napolitano on Tuesday ordered an investigation into the release of a Bolivian native charged in a fatal car crash, the Benedictine Sisters of Virginia denounced the notion that the death of one of their own had become a political rallying cry.

Sister Denise Mosier was killed Sunday in a car crash on Bristow Road, when, police said, 23-year-old Carlos A. Martinelly Montano slammed into the car in which she was riding.

Two other sisters who were also in the car were flown to a local hospital where they remained in critical condition Tuesday.

Police said Montano had been drinking, and he was charged with involuntary manslaughter.

Immigration officials said they knew last year that Montano was in the U.S. illegally, and he was in the deportation process when the crash occurred.

That prompted outrage by some at the federal government for not cracking down on illegal immi-gration, claiming that if Montano was deported earlier, Sunday's crash wouldn't have happened.

For example, Del. Jackson Miller, R-50th, in a statement to supporters late Monday, blamed Presidents Bush and Obama for not enforcing federal immigration laws.

"The same old story seems to be played over and over again," he wrote. "A hei-nous crime is again committed by an illegal alien who was a previous record here in the United States. Again, our country is stricken by someone who never should have been in our country in the first place."

Then, on Tuesday evening, the Homeland Security department released a statement from spokesman Matt Chandler.

"DHS regrets the tragic loss of life in Prince William County this weekend," he said. "Secretary Napolitano has ordered an immediate review into the circumstances leading to this individual being released in 2008.

"In the past 18 months, this administration has fundamentally reformed immigration en-forcement, using our resources to focus on identifying and removing criminal aliens who pose a threat to public safety—removing record numbers of criminal aliens."

Such words, however, caused those at the monastery to cry foul.

"The Benedictine Sisters are dismayed and saddened that this tragedy has been politicized and become an apparent forum for the illegal immigration agenda," said Benedictine Sister Glenna Smith. "While grieving and dealing with the death and severe injuries of our sisters, we would like to re-focus attention on the consequences of drinking and driving, and on Christ's command to forgive."

Smith said the political arguments about immigration are close to "hate-inspiring."

She said Montano will surely face the justice system and that, someday, when he's older, maybe he can become an upstanding member of society.

And as they pray for a full recovery for the two sisters who remain hospitalized, the Benedictine sisters will hold a wake for Mosier at the monastery on Linton Hall Road at 7 p.m. Thursday, and a funeral for her at 11 a.m. the following day.

"Sheer knowledge that she is living eternal life in heaven is comforting, but we still miss her," Smith said. If convicted, Montano will have committed three alcohol offenses in five years, court records state. He also has a string of other driving-related convictions, from driving without a seat belt to operat-ing an uninspected vehicle.

Federal immigration officials know Montano well but said two previous DUI offenses did not classify him as a felony offender. After his case was reviewed, he was free to go until his case could be heard by a federal immigration judge.

"Carlos Abraham Martinelly Montano is currently in immigration removal proceed-ings," officials wrote in an ICE press release. "ICE first encountered Martinelly Montano in October 2008 when he was released to ICE following a local arrest for a DUI charge. ICE immediately placed Martinelly Montano into removal proceedings by issuing him a notice to appear in immigration court. He was released on his own recognizance and has reported as required, on a monthly basis to ICE."

As part of an ordinance passed in 2008, police officers in Prince William investigate the immigra-tion status of every person they arrest. They also have the right to inquire about a person's immigration status prior to making an arrest.

According to county crime statistics for 2009, 269 illegal aliens were charged with DUI in Prince William, the highest number of illegal immigrants arrested in any crime category.

The annual crime statistics also show 269 illegal aliens arrested last year for public drunken-ness.

Under the county's serious crime category, which includes murder, rape and robbery, three of the 37 people charged last year with rape were illegal aliens, and 88 of the 1,467 charged with larceny were illegal immigrants.

Overall, 6 percent of those arrested for serious crimes in Prince William were illegal aliens, county crime statistics show.

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