Thread: Illegal Immigrant Pleads Guilty To Murder In Drunken Driving

http://www.wral.com/apncnews/7161933/detail.html

BOLIVIA, N.C. -- An illegal immigrant with a history of drunken driving pleaded guilty Friday to second-degree murder in an accident that killed a Mount Holly teacher, closing a case that drew the attention of advocates for tougher immigration laws.

Ramiro Gallegos, 26, was sentenced to roughly 14 years to 18 years in prison for the death of Scott Gardner.

"It is difficult to face this gentleman ... who did not even stay to help those who he hurt," Gardner's uncle, Terry Lee, said in a statement to the court just before the sentencing. There is "no punishment great enough for this man."

Authorities said Gallegos was intoxicated while driving a truck that collided with a Subaru station wagon driven by Scott Gardner on July 16. Gardner was killed, and his wife Tina was critically injured and remained comatose for weeks in New Hanover Regional Medical Center in Wilmington.

The Gardners' children, 5-year-old Jackson and 2-year-old Avery, suffered minor injuries.

Gallegos, an orphan educated by his siblings, moved to the United States from Mexico when he was 17, said his lawyer, William Peregoy. He has three previous DWI convictions, but none resulted in his deportation. His stiffest sentence was handed down by a Brunswick County judge in 2004. That judge sentenced Gallegos to a maximum sentence of two years, but suspended that sentence and allowed Gallegos to serve only 30 days in jail over 15 weekends. He also ordered 30 months probation.

"He would gladly forfeit his own life if he could take back the harm he has caused," Gallegos' attorney told Brunswick Superior Court Judge William C. Gore Jr. before Gallegos was sentenced.

Gore blamed the death at least in part on a failed legal and immigration system.

"Obviously, there is a larger national issue before us today," Gore said. "A lack of enforcement of the laws we have ... led directly to the tragedy."

Rep. Sue Myrick, R-N.C., proposed legislation after the accident that she said would make local police more responsible for tracking illegal immigrants. The "Scott Gardner Act" would require all state and local law enforcement agencies to report immigration status, deportation orders and failures to appear to the FBI's National Crime Information Center database within 30 days of the incident.

The measure has been added as an amendment to a broader immigration bill that has already passed the House and is scheduled for debate in the Senate next month.

"I'm glad the judge took it so seriously," Myrick said. "There's got to be some responsibility for their actions, for the people who drive drunk. This sends a strong message."

District Attorney Rex Gore, whose office prosecuted Gallegos, sounded skeptical about the proposal Friday.

"It's easy to talk the talk, but if you're going to ask local agencies to do federal work for them, you have to put the money there," Rex Gore said.

He said his office hasn't even found money to hire a Spanish-speaking interpreter. On the night of Gallegos' arrest, prosecutors relied on a jail inmate who inaccurately translated Gallegos' Miranda rights, Rex Gore said. That may have caused a problem had the case gone to trial, he said.

Jeff Jordan, assistant special agent in charge of the Immigration and Customs Enforcement agency office in Charlotte, said Gallegos will be deported after completing his prison term.

William Gheen, president of Americans for Legal Immigration Political Action Committee, a Raleigh-based group, said that decision should have been made before Friday.

"The injustice here," he said, "is that Scott Gardner didn't have to die."

http://www.alipac.us/modules.php?name=F ... ic&t=17342

http://www.charlotte.com/mld/charlotte/13899564.htm

Posted on Fri, Feb. 17, 2006



4:40 pm | Man gets sentence in Gardner death

FRANCO ORDONEZ
fordonzez@charlotteobserver.com

BOLIVIA -- Ramiro Gallegos will serve up to 212 months (17 2/3 years) in prison and then force deportation hearings, after pleading guilty Friday to second-degree murder charges in the death of a Mount Holly teacher.

Gallegos, 26, an illegal immigrant with five previous DWI charges, was driving his truck west along N.C. 130 last July when he struck the station wagon of the Gardner family. Scott Gardner, his wife Tina and their two children were inside. They were headed to the beach to begin a summer vacation.

Scott Gardner was killed, and Tina was critically injured and remains in a coma.

The Gardners' two children are living with Tina's mother, Brenda Jackson.

Gallegos pleaded guilty in a Brunswick County courtroom to four charges -- second-degree murder, assault with a deadly weapon inflicting serious injury, habitual impaired driving, and felonious hit and run.

District Attorney Rex Gore said the conviction sent a message to people saying that you "can't drink and drive and kill people."

Scott Gardner's uncle, Terry Lee, added, "Drunken driving is attempted murder every time it occurs." He said Friday's events will help provide some closure for the family but added that family members are still battling to rebuild their lives.





http://www.wect.com/Global/story.asp?S=4519024&nav=2gQc

Illegal Immigrant Pleads Guilty in Drunk Driving Accident
Feb 17, 2006, 02:15 PM PST
FEBRUARY 17, 2006 -- Ramiro Gallegos was driving drunk last July when he slammed into a car carrying a man, his wife and their two children. Gallegos admitted he was at fault in court Friday.

Gallegos pleaded guilty to all four felony charges against him, including a second degree murder charge for killing Scott Gardner.

Back in July, authorities say the Gardner family was heading to Sunset Beach on vacation when Gallegos crashed into their vehicle. Gardner was killed and his wife Tina is still in a coma. Authorities say Gallegos was drunk at the time of the accident.

Gallegos faced Gardner's family for the first time Friday as family and friends filled the courtroom.

Gallegos will serve a minimum of 14 to 20 years in prison, before being deported to Mexico.

The Gardner's have two small children who are now living with their grandparents.

Gallegos, an orphan educated by his siblings, moved to the United States from Mexico when he was 17, said his lawyer, William Peregoy.

Has nothing to do whatsoever with his driving drunk! How dare this so called lawyer try to gain sympathy for this murderer.

"He would gladly forfeit his own life if he could take back the harm he has caused,"

I wouldn't put any money on it. After all, he ran and hid, leaving a family of four that he'd just murderered and maimed with no help.

I only hope his cellmate is somebody named Bubba who's kept up with current events.

Looks like the Charlotte paper took the AP Story and tried to spin it away from the tragedy and away from his prior DWIs and illegal status. And Charlotte cut ALIPAC out of the story.

W

added to homepage

http://www.alipac.us/article1054.html

http://www.charlotte.com/mld/charlotte/ ... 903164.htm

Posted on Sat, Feb. 18, 2006

Driver pleads guilty in fatal DWI wreck
Illegal immigrant gets up to 17 years in Scott Gardner's death

FRANCO ORDOÑEZ
fordonez@charlotteobserver.com

BOLIVIA, N.C. - Driver pleads guilty in fatal DWI wreck

Illegal immigrant gets up to 17 years in Scott Gardner's death Franco Ordoñez

BOLIVIA, N.C. -- Ramiro Gallegos will serve up to 17 years in prison after pleading guilty to second-degree murder charges in the wreck that killed a Mount Holly teacher and prompted legislators to propose tougher immigration laws.

Gallegos, 26, an illegal immigrant with five previous DWI charges, had a 0.22 blood alcohol level, nearly three times the legal limit, when the truck he was driving struck Scott Gardner's station wagon on N.C. 130 in Brunswick County last July.

Gardner, a teacher and baseball coach at Highland School of Technology in Gastonia, died and his wife, Tina, was critically injured. The couple were taking their two young children on a family vacation in Sunset Beach.

Gallegos pleaded guilty to four charges related to the crash: second-degree murder, assault with a deadly weapon, habitual impaired driving, and felonious hit and run.

Brunswick Superior Court Judge William Gore Jr., who sentenced Gallegos, blamed the death at least in part on a failed legal and immigration system.

"Obviously, there is a larger national issue before us today," Gore said. "A lack of enforcement of the laws we have ... led directly to the tragedy."

Upon his release, Gallegos, who was living in Brunswick County, could be deported back to Mexico.

Nearly two dozen members of the Gardner family attended the sentencing hearing, including both Scott's and Tina's parents.

Emily Moose, Scott Gardner's mother, sat stoically at the front of the courtroom for most of the 45-minute hearing. She dabbed her eyes with a tissue, yet kept her head up high. But she was overcome with emotion when Terry Lee, Gardner's uncle, addressed Gallegos and described some of the pain the family has suffered.

"It's obvious that he has total disrespect for the laws of this country and this state," Lee said of Gallegos.

Tina Gardner remains in a coma. She has been moved to a long-term care facility in Dunn, near Fayetteville, where she receives around-the-clock care. Lee said some days she is more responsive than others. The children, Jackson and Avery, who were 5 and 2 at the time of the accident, live with Tina's parents.

"We just pray that someday she'll improve," Lee said.

Three of Gallegos' five convictions were in North Carolina, where his previous stiffest sentence was handed down by a Brunswick County judge in 2004. That judge sentenced Gallegos to a maximum sentence of two years, but suspended that sentence and allowed Gallegos to serve only 30 days in jail. He also ordered 30 months probation.

After the Gardner wreck, Rep. Sue Myrick, R-N.C., of Charlotte, proposed legislation that would require all state and local law enforcement agencies to report immigration status and deportation orders to the federal authorities within 30 days of the incident. The measure has been added as an amendment to a broader immigration bill that has passed the House and is scheduled for debate in the Senate next month.

"I'm glad the judge took it so seriously," Myrick told The Associated Press. "There's got to be some responsibility for their actions, for the people who drive drunk. This sends a strong message."

Family and friends of Gallegos, and his court-appointed attorney, William Peregoy, described Gallegos as coming from a poor family and moved to the United States with relatives when he was 17 as a means of survival. He was an orphan for most of his life, Peregoy said.

Peregoy said Gallegos was terribly distraught over the crash and had expressed that he would give up his own life if it would reverse all the tragedy he caused.

"He's a good person," Gallegos' older sister, Virginia Gallegos, said in Spanish after the sentencing.

For the Gardner family, the sentencing provided some closure, Lee said.

"It's like rebuilding a house," Lee said. "You do it one brick at a time."

-- The Associated Press contributed.

-- Franco Ordoñez: (704) 358-6180.

Gardner Update

Tina Gardner remains in critical condition and in a coma. She has been moved to a long-term care facility near her parents in Dunn, near Fayetteville. Family members said she is sometimes responsive to visits. For updates on the Gardner family, visit the family Web site at www.gardnerfamilycircle.us/

Impact of the Wreck

The Gardner fatality triggered an emotional debate on immigration in Charlotte, pitting advocates and reformists against each other. Critics said the tragedy demonstrated the need for tighter border enforcement. Rep. Sue Myrick, R-N.C., of Charlotte, proposed legislation that would deport any undocumented immigrants convicted of driving while impaired. Advocacy groups, who reported receiving harassing calls and e-mails after the crash, said the Latino community was being unfairly blamed for a societal problem.

Judge Gore is one of those judges most officers like to take their cases in front of.

Going to see if I still have some contacts at the court house next week and find out who this judge was:
"Three of Gallegos' five convictions were in North Carolina, where his previous stiffest sentence was handed down by a Brunswick County judge in 2004. That judge sentenced Gallegos to a maximum sentence of two years, but suspended that sentence and allowed Gallegos to serve only 30 days in jail. He also ordered 30 months probation."

http://dwb.newsobserver.com/news/ncwire ... 2931c.html

NC News Wire

Published: Feb 17, 2006
Modified: Feb 17, 2006 9:55 PM

Illegal immigrant pleads guilty to murder in drunken driving case
By SAMUEL SPIES, Associated Press Writer


BOLIVIA, N.C. -- An illegal immigrant with a history of drunken driving pleaded guilty Friday to second-degree murder in an accident that killed a Mount Holly teacher, closing a case that drew the attention of advocates for tougher immigration laws.
Ramiro Gallegos, 26, was sentenced to roughly 14 years to 18 years in prison for the death of Scott Gardner.

"It is difficult to face this gentleman ... who did not even stay to help those who he hurt," Gardner's uncle, Terry Lee, said in a statement to the court just before the sentencing. There is "no punishment great enough for this man."

Gallegos also pleaded guilty to one charge each of felonious hit-and-run, assault with a deadly weapon inflicting serious injury and habitual driving while impaired.

Authorities said Gallegos was intoxicated while driving a truck that collided with a Subaru station wagon driven by Scott Gardner on July 16. Gardner was killed, and his wife Tina was critically injured. She remains in a coma in a long-term care facility in Dunn, Lee told the court.

The Gardners' children, Jackson and Avery, who were 5 and 2 at the time of the accident, suffered minor injuries. They are being raised by Tina Gardner's parents, Lee said.

Gallegos, an orphan educated by his siblings, moved to the United States from Mexico when he was 17, said his lawyer, William Peregoy. District Attorney Rex Gore, whose office prosecuted Gallegos, said he has been deported twice since 2000.

Gallegos has five previous DWI convictions, according to the district attorney's office. Three of those convictions were in North Carolina, where his stiffest sentence was handed down by a Brunswick County judge in 2004. That judge sentenced Gallegos to a maximum sentence of two years, but suspended that sentence and allowed Gallegos to serve only 30 days in jail over 15 weekends. He also ordered 30 months probation.

"He would gladly forfeit his own life if he could take back the harm he has caused," Gallegos' attorney told Brunswick Superior Court Judge William C. Gore Jr. before Gallegos was sentenced.

Judge Gore blamed the death at least in part on a failed legal and immigration system.

"Obviously, there is a larger national issue before us today," Judge Gore said. "A lack of enforcement of the laws we have ... led directly to the tragedy."

Rep. Sue Myrick, R-N.C., proposed legislation after the accident that she said would make local police more responsible for tracking illegal immigrants. The "Scott Gardner Act" would require all state and local law enforcement agencies to report immigration status, deportation orders and failures to appear to the FBI's National Crime Information Center database within 30 days of the incident.

The measure has been added as an amendment to a broader immigration bill that has already passed the House and is scheduled for debate in the Senate next month.

"I'm glad the judge took it so seriously," Myrick said. "There's got to be some responsibility for their actions, for the people who drive drunk. This sends a strong message."

The district attorney sounded skeptical about the proposal Friday.

"It's easy to talk the talk, but if you're going to ask local agencies to do federal work for them, you have to put the money there," Rex Gore said.

He said his office hasn't even found money to hire a Spanish-speaking interpreter. On the night of Gallegos' arrest, prosecutors relied on a jail inmate who inaccurately translated Gallegos' Miranda rights, Rex Gore said. That might have caused a problem had the case gone to trial, he said.

Jeff Jordan, assistant special agent in charge of the Immigration and Customs Enforcement agency office in Charlotte, said Gallegos will be deported after completing his prison term.

William Gheen, president of Americans for Legal Immigration Political Action Committee, a Raleigh-based group, said that decision should have been made before Friday.

"The injustice here," he said, "is that Scott Gardner didn't have to die."

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