Thread: License-less driver critically injures child

http://www.nbc-2.com/articles/readartic ... 471&z=3&p=

BONITA SPRINGS: A three year old boy was hit by a vehicle while riding his bike Tuesday night. Deputies say the driver who hit the boy didn't have a valid driver's license, so he was arrested.

Three-year old Angel Mercado was riding his bike across from his home on Safari Drive when a Ford Explorer slammed into him.

"He just went through the street. He didn't look both ways," said Diana Garay, who witnessed the accident.

Garay spotted the boy moments before the crash. It turns out she was the only person who saw him.

"The parents were inside. I mean they are usually outside, one of them watching him and there was nobody," said Garay.

Jose De Jesus Martinez, Angel's uncle, said the boy is expected to recover.

The man who deputies say hit him, 26 year old Jorge Aguilar, has been arrested and charged with driving without a license. It was the third time he has been caught.

"No I didn't know that, I didn't. If I would have known. No wonder he said he was nervous," said Garay.

Getting a citation for driving without a license is common in Southwest Florida. We pulled the tickets proving it.

Over the last 14 months, law enforcement in Lee County wrote more than 3,000 tickets for driving without a valid license.

In Collier County, law enforcement wrote 5,400 tickets for unlicensed drivers.

"We see a lot of repeat offenders. We, I've actually had, I've been on traffic stop where people just got out of jail for having been arrested for no drivers license and they are out the next day driving their car," said Sergeant Bruce Sigler.

Sigler says a majority of the tickets he writes for driving without a license are to migrants. He knows it's ineffective.

"The only way that I see to get around this is to start making the people that are repeat offenders on this do serious jail time," said Sigler.

Despite what happened to three-year old Angel Mercado, his uncle doesn't agree with Sigler, he is sympathetic.

"If the would have the immigrants, you know, have a license, a least a drivers license, that would help them move to work," said Martinez.

Deputies say the boy suffered severe head injuries and was flown to All Children's Hospital in St. Petersburg.

"The only way that I see to get around this is to start making the people that are repeat offenders on this do serious jail time," said Sigler.

Despite what happened to three-year old Angel Mercado, his uncle doesn't agree with Sigler, he is sympathetic.

"If the would have the immigrants, you know, have a license, a least a drivers license, that would help them move to work," said Martinez.

Tell us the truth, Martinez, you're a criminal alien too, aren't you? That is the only logical explanation for your sympathy toward the individual that almost killed your nephew!

Originally Posted by MW

"The only way that I see to get around this is to start making the people that are repeat offenders on this do serious jail time," said Sigler.

Despite what happened to three-year old Angel Mercado, his uncle doesn't agree with Sigler, he is sympathetic.

"If the would have the immigrants, you know, have a license, a least a drivers license, that would help them move to work," said Martinez.

Tell us the truth, Martinez, you're a criminal alien too, aren't you? That is the only logical explanation for your sympathy toward the individual that almost killed your nephew!

This country is as lawless as it was in the 1800's but the weapons are deadlier!!
I am glad the little boy is going to recover!!

What the hell was a 3 year old riding a bike so far from his home????

Why were these irresponsible parents NOT OUTSIDE with him????

Why were these irresponsible parents NOT ARRESTED for child endangerment???

2ndamendsis wrote:

Why were these irresponsible parents NOT ARRESTED for child endangerment???

Probably because they were just as illegal as the driver of the vehicle! Years ago my comment wouldn't have made any sense, but now it seems as if criminal aliens are immune from arrest from local law enforcement. Unfortunately too many folks in local law enforcement are programed to say, it's the other guys (federal law enforcement) problem.

Originally Posted by MW

2ndamendsis wrote:

Why were these irresponsible parents NOT ARRESTED for child endangerment???

Probably because they were just as illegal as the driver of the vehicle! Years ago my comment wouldn't have made any sense, but now it seems as if criminal aliens are immune from arrest from local law enforcement. Unfortunately too many folks in local law enforcement are programed to say, it's the other guys (federal law enforcement) problem.

Well, NEWS FLASH!

It's NOT just the fed's problem!

Dix and I ran through some laws and we've found some VERY INTERESTING stuff!! Apparently, there are laws that allow local & state entities to work this ILLEGAL problem and they're not being used!!!!

As soon as I can take a bit of time to go thru them again properly to be absolutely certain we're correct, I'll post them for everyone to check over.

Sigler says a majority of the tickets he writes for driving without a license are to

Code:

 migrants.

He knows it's ineffective.

You notice they did`nt print "illegal Immigrant", that`s Florida for ya,

2ndamendsis wrote:

Well, NEWS FLASH!

It's NOT just the fed's problem!

Dix and I ran through some laws and we've found some VERY INTERESTING stuff!! Apparently, there are laws that allow local & state entities to work this ILLEGAL problem and they're not being used!!!!

I'm sure that's true (not a NEWS FLASH), I'm just telling you what their mindset is. Notice I said "programed to say."

Originally Posted by MW

2ndamendsis wrote:

Well, NEWS FLASH!

It's NOT just the fed's problem!

Dix and I ran through some laws and we've found some VERY INTERESTING stuff!! Apparently, there are laws that allow local & state entities to work this ILLEGAL problem and they're not being used!!!!

I'm sure that's true (not a NEWS FLASH), I'm just telling you what their mindset is. Notice I said "programed to say."

It's surely a NEWS FLASH considering many towns don't even know that these laws exist.

I'd say that's a very big news flash.
Local Governments have federal law on their side.
And one of the reasons why this 'mind set' has taken hold is Ignorance of the law.

However, when people begin to understand what they've been missing, that mind set begins to change.

My point is that the very people who's mantra has been - it's a federal problem - don't even know the facts. We don't even know the facts.

So yea, it's a huge NEWS FLASH and nothing minor to wink at

2ndamendsis wrote:

It's surely a NEWS FLASH considering many towns don't even know that these laws exist.

Trust me, they do know the law - they just choose to ignore it. This information is readily available and was used by anti-criminal alien Republicans during the amnesty debate in the 109th Congress.

1918 Arrest of Illegal Aliens by State and Local Officers

Subsection 1324(c) of Title 8 specifically authorizes state and local officers "whose duty it is to enforce criminal laws" to make arrests for violations of 8 U.S.C. § 1324. There is also a general federal statute which authorizes certain local officials to make arrests for violations of federal statutes, 18 U.S.C. § 3041. The Fifth Circuit Court of Appeals has held that 18 U.S.C. § 3041 authorizes those local officials to issue process for the arrest, to be executed by law enforcement officers. See United States v. Bowdach, 561 F.2d 1160, 1168 (5th Cir. 1977).

Rule 4(a)(1) of the Federal Rules of Criminal Procedure provides that an arrest warrant "shall be executed by a marshal or by some other officer authorized by law." The phrase, "some other officer," includes state and local officers. Bowdach, supra.

Section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 added a new 8 U.S.C. § 1252c which provides that notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who (1) is an alien illegally present in the United States; and (2) has previously been convicted of a felony in the United States and deported and left the United States after such conviction, but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into federal custody for purposes of deporting or removing the alien from the United States.

In the absence of a specific federal statute, the validity of an arrest without a warrant for violation of federal law by local peace officers is to be determined by reference to local law. See Miller v. United States, 357 U.S. 301, 305 (195; United States v. Di Re, 332 U.S. 581, 589 (194.

In approving a state trooper's arrest of persons who appeared to be illegal aliens, the United States Court of Appeals for the Tenth Circuit held, simply, as follows: "A state trooper has general investigative authority to inquire into possible immigration violations." See United States v. Salinas-Calderon, 728 F.2d 1298, 1301, n. 3 (10th Cir. 1984).

The United States Court of Appeals for the Ninth Circuit held, in Gonzales v. City of Peoria, 722 F.2d 468 (9th Cir. 1983), that the structure of the Immigration and Nationality Act does not evidence an intent to preclude local enforcement of the act's criminal provisions. Id. at 474. Based on the pertinent legislative history, the court of appeals rejected the argument that since 8 U.S.C. § 1324(c) specifically authorizes local officers to make arrests for violations of 8 U.S.C. § 1324(a), and 8 U.S.C. §§ 1325(a) and 1326 contain no comparable provision, Congress must have intended that local officers be precluded from making arrests for violations of 8 U.S.C. §§ 1325(a) and 1326. Id. at 475. The decision warns, however, that the first violation of 8 U.S.C. § 1325(a) is a misdemeanor, and that if applicable state law authorizes law enforcement officers to arrest for misdemeanors only if committed in their presence, they would not be authorized to arrest aliens for illegal entry (unless the officers should happen to know that the alien had previously been convicted of illegal entry) unless they saw him/her cross the border.

The disappointing aspect of Gonzales is the statement that an alien's "inability to produce documentation does not in itself provide probable cause (to arrest)." See Gonzales v. City of Peoria, supra, at 16. Pursuant to 8 U.S.C. § 1304(e), aliens are issued registration cards and must carry such cards with them at all times. Aliens who gain entry without the requisite inspection, and who therefore are not issued such cards, violate 8 U.S.C. § 1325. Consequently, a law enforcement officer confronting an alien who is unable to produce documentation arguably has probable cause to believe that a violation of 8 U.S.C. § 1304(e) (failure to possess documents or 8 U.S.C. § 1325(a) (entry without inspection) has occurred. (If the alien is undocumented and has been in the United States for longer than 30 days, he or she has also violated 8 U.S.C. § 1306(a)).

http://www.usdoj.gov/usao/eousa/foia_re ... m01918.htm