March 6, 2008
UTAH: Questions arise over illegal alien's release in fatal wreck

Daily Herald

UTAH -- People are asking questions about why an illegal immigrant who was charged with killing a Spanish Fork man in a car wreck was allowed to make bail, and the answers differ depending on who is giving them.

Utah County Sheriff Jim Tracy said Immigration and Customs Enforcement declined to investigate the immigration status of 21-year-old Gabriel Hernandez, while ICE officials say they were not properly informed of his arrest. Tracy said internal jail documents show that jail officials made two calls to the ICE office in Orem before Hernandez was released on bail.

Hernandez, of Orem, was arrested by Spanish Fork police on Jan. 31 and booked into the Utah County Jail on a charge of negligent homicide, a Class A misdemeanor. Police said he lost control of his car on an icy road and slid into 83-year-old Albert Burns, killing him. Hernandez was also charged with driving on a denied license and driving with no insurance.

On Thursday, Hernandez missed his arraignment at Spanish Fork's 4th District Court, and a no-bail warrant was issued for his arrest. Burns's wife fears that Hernandez fled to his native Mexico and will never face justice.

In a report, Diana Carrasco, a booking clerk at the Utah County Jail, said she made two calls to the ICE office in Orem asking if the agency wanted the jail to put an immigration hold on Hernandez so they could investigate his immigration status. She made the first call when Hernandez was booked into the jail and the other about an hour later as his mother was paying his bail, she wrote. The clerk also wrote that she faxed a booking report to the ICE office.

full story

Posted by tyne at March 6, 2008
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