Posted on 08/16/2007 3:50:57 AM PDT by Liz
DUI plea - A murder suspect disclosed his illegal status in court last year, but officials never acted
Authorities had clear reason to suspect Alejandro Emeterio Rivera Gamboa was in the United States illegally nine months before he was accused of slaying 15-year-old Dani Countryman.
On Nov. 13, 2006, Rivera Gamboa pleaded guilty to two counts of drunken driving. He also disclosed that he was not a U.S. citizen and signed a plea agreement that read, in part: "I understand that if I am not a citizen of the United States, a criminal conviction could cause me to be deported, denied United States citizenship, or refused the right to re-enter the United States."
The document is the first direct evidence that authorities missed an opportunity to expel Rivera Gamboa before police allege he strangled Countryman at a Milwaukie apartment complex.
Rivera Gamboa was later released from custody without anyone in the criminal justice system notifying immigration authorities, as is common in the flood of misdemeanor cases that come through the system in the Portland area.
Countryman was vacationing in Oregon when she was strangled after an all-night party July 27-28 with her sister and about 20 other people at an apartment complex in Milwaukie.
Outrage over Countryman's killing -- and a case in which an illegal immigrant is accused in the execution-style deaths of three New Jersey college students this month -- has some Oregon prosecutors rethinking the way they deal with immigration status.
Clackamas County District Attorney John Foote said he is reassessing his office's policies and expects to have new guidelines in place this fall. Asked why his office doesn't report all foreign-born convicts to immigration authorities, Foote said: "We might do that." Norm Frink, Multnomah County chief deputy district attorney, agreed that change is in order. "There's been more illegal immigration and more illegal immigrants connected to crime," he said. "We're going to look at it and figure out if there's a different approach we could take." "When you come through the door of the courthouse, you're searched for weapons. There's a procedure in place for that. When you come through the door of the criminal justice system, there's not a definitive procedure" for routinely verifying immigration status, Frink said. People can't be forced to disclose whether they illegally entered the United States, Frink said.
In Washington County, authorities check the immigration status of those accused of Measure 11 crimes or when defendants are considered highly dangerous, said Bob Hermann, Washington County District Attorney. "If money was no problem and the intent was to identify (the immigration status of) everyone who comes into the justice system," federal authorities would be the ones to handle the issue, Hermann said. Mark Rasmussen, Clackamas County's top probation official, said his agency hasn't been referring misdemeanor offenders to U.S. Immigration and Customs Enforcement because the agency seems uninterested in low-level criminals. "Our experience is that (ICE) doesn't do anything unless it's a felony and even then, it just depends. . . . They basically told us, if you don't have a felony, don't bother us," Rasmussen said. "Our policy is to respond to calls from local law enforcement," said Lorie Dankers, a U.S. Immigration and Customs Enforcement spokeswoman. "We're responsive but we can't be everywhere."
The immigration agency recently assigned agents to check jail rosters in southern Oregon and eventually will routinely check all county jails in Oregon and Washington, Dankers said.
The immigration debate flared up Tuesday, when Rivera Gamboa and his cousin, Gilberto Javier Arellano Gamboa, were indicted on charges of aggravated murder, attempted rape and attempted sex-abuse in Countryman's death. Local law enforcement authorities did not refer Rivera Gamboa to immigration authorities and learn of his illegal status until after Countryman was killed and the suspects were in custody.
Arellano Gamboa is also in the country illegally but does not have a previous criminal record. State law prohibits local law enforcement agencies from actively looking for illegal immigrants.
Once a suspect is arrested, however, law enforcement officials may contact immigration officials. Foote said his prosecutors check immigration status "on a case by case basis." He did not know how often such checks are done or how often federal authorities are notified. Illegal immigration is a federal crime, Foote noted. Local authorities can't arrest, prosecute or punish those who break immigration laws.
Steve Mayes: 503-294-5916; stevemayes@news.oregonian.com
Outrageous that L/E failed to calculate that individuals who breaks US laws by traversing our borders illegally, would break other US laws, as well.
===================================================
Clearly, these invaders and their cadres of co-conspirators are (a) publicly and privately conspiring against the US government and (b) committing hate crimes against America and Americans. It's time Americans victimized by these invaders have OUR rights enforced by federal law.
Anyone who spews hate and discontent about OUR country, who marches in mobs, holds up hate signs, and publicly proclaims they will violate US law, should be penalized (and shall be excluded from holding US citizenship).
It's time to penalize anyone on American soil who (a) conspires to undermine the US government, and (b) commits hate crimes against America and Americans.
===================================
Federal and state laws to protect Americans from hate crimes by these illegal animals must be instituted immediately. Tancredo or Hunter should be called upon to initiate federal legislation that would impose severe penalties for foreigners undermining the US government and committing hate crimes against Americans (crimes like stealing our identities, cloning our cell phones, fraudulently registering/voting, and looting the tax assets of Americans).
====================================
The following Hate Crimes Against Americans---and Undermining the US government---- would demand immediate prosecution.
1 - Invaders' using illegal ID or documents
2 - Invaders' Federal income tax evasion
3 - Re-entry into USA after deportation
4 - Obtain/Operate vehicles with illegal ID
5 - ID theft/fraud - Social Security fraud
6 - Knowingly gaining employment fraudulently
7 - Recruiting other illegal aliens workers
8 - Transporting illegal aliens across the border
9 - Harboring &/or housing illegal aliens on American soil
10 - Endangering Americans by undermining US national security
11 - Registering/Voting using fraudulent documentation
12 - Conspiracy to violate federal statutes
13 - Uttering false statements to public officials
14 - Obstructing law enforcement
15 - Sham marriages to avoid deportation
============================================
ACTION FReepers must demand lawmakers act on the following:
Grounds for expulsion from US soil
Grounds for denying citizenship
Provisional citizenship laws
Severe penalties for Hate Crimes Against Americans
Severe penalties for conspiring against, and undermining, the US government.
It’s becoming VERY clear, that the potential votes from the illegal aliens in the U.S., are FAR more important to our elected pukes at all levels, than the integrity of our borders or laws - or the safety of our citizens..
This will BLOW up, VIOLENTLY..... SOON.
Let’s put it in terms the stupid pukes can understand-——this is anarchy.
The penalties for complicity in anarchy do not fall under protections illegals get from Homelan/Sec, ICE, sanctuary cities or failure to report immig status.
The old saying “good enough for government work” is proving not to be good enough for the public. The officer in charge of Walter Reed claimed 90% customer satisfaction, and he got canned. Cheney advocated the 1% solution and some made fun, but that is his private sector experience coming through where the customer is always right.
Congressman Billybob
Most of the Republican frontrunners, and our sitting president through his chief of homeland insecurity have made it clear that deportation doesn’t work, so forget about protecting the kids. /sarc
It must be nice to get a pay check and not need to do anything to earn it. I would say this Danhers person is a prime example of backing up to get paid.
Mmmmmm, I think she bends over first......then backs-up.
Course she might also get a couple Slim Jims and a Slurpee in her pay package.
This is the story that, mysteriously, the Associated Press only put on its wire in two states and apparently made sure it did not have national distribution. Reuters didn’t report it at all, and apparently the national networks ignored it, too. Hmmm, wonder why they didn’t want people to know about this?
So what if a few peasants are ground underfoot?
The most important thing is Open Borders Uber Alles!
Our windbag politicians just like to pass laws, they don’t like to ENFORCE OUR LAWS.
"You say illegal aliens are attempting to murder ICE agents, are setting fire to
forests and fields along the border to distract US Border Patrol Agents to make
their crossing easier, and throwing Molotov cocktails at US agents’ vehicles, and
setting fire to their observation posts? "
"I'm the Homeland Security Chief. What do you want me to do about it? "
Right-——they sure did.
Getting so you gotta go to Fox’s Greta Van Susteren to get info of this type.
Greta did a good job on this story.
That she did-——she doesn’t pull any punches.
Commentary by her guests, Judge Napolitano and former Judge/prosecutor Jeannine Pierro is always quite penetrating.
All three did a good job.
ping
Very good!
No. Its anarcho-tyranny. The Federales only enforce the laws against folks trying to obey them.
Wake up Oregon! You were once a CONSERVATIVE state!
I picked one of these beauties up yesterday:
Bushmaster A3 16 Inch, Birdcage Flash Hider and Lug w/30 Rd Mag
bump
Bttt!
Truer word was never spoken.
We surely were a conservative state. I’m sad to see how things have evolved here.
.
“Asked why his office doesn’t report all foreign-born convicts to immigration authorities, Foote said: “We might do that.” Norm Frink, Multnomah County chief deputy district attorney, agreed that change is in order. “There’s been more illegal immigration and more illegal immigrants connected to crime,” he said. “We’re going to look at it and figure out if there’s a different approach we could take.”
.
I was listening to Victoria Taft today. She says she feels that there’s been an “epiphany” among the state’s sheriffs and DAs. Apparently, they are feeling some heat. Of course, Portland’s mayor, Tom Potter, is a lost cause; however, the Multnomah County sheriff and DA could make changes. She said others are rethinking they way they do things wrt illegals.
She said some have said they would be doing what that wonderful Sheriff Arpaio is doing...having ICE train the deputies. She mentioned Marion County as being one who would do just that. I didn’t catch if it was in OR or WA, but it may have something to do with this.
http://blog.oregonlive.com/breakingnews/2007/08/police_seek_public_held_findin.html
VT said that the money that it costs for ICE to train the deputies would be split between the counties, and the feds. Also, after they are trained, ICE is obligated to pick up all who are deemed illegal.
I hope this spreads like wildfire.
Texasgirl, this is the story I told you about.
No way is it within the scope of the states’ powers to require paid government employees to aid and abet ongoing violations of federal law.
Survivors and bereaved families of alien crimes/murders must demand prosecution for every public official who failed them.
===============================================
The failure of public employees on the government payroll to perform their stated jobs is a felony. As follows:
Public employees on the government payroll, and their co-conspirators, may have committed actionable offenses under Penal Law .135.60 COERCION IN THE SECOND DEGREE (a Class A misdemeanor).
PENAL LAW 135.60 (Committed on or after September 1, 1967) is Coercion in the Second Degree.
When an individual uses or abuses his/her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.
Perform any (other) act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships.
================================
The term(s), ("crime"), ("public servant") used in this definition has its own special meaning in our law.
PUBLIC SERVANT means any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state, or any person exercising the functions of any such public officer or employee.
The term public servant includes a person who has been elected or designated to become a public servant.
“This will BLOW up, VIOLENTLY..... SOON.”
Yes it will
“The killings of Americans in America by illegal aliens will continue until all the politicians who support amnesty and open borders have been driven from office. That includes mayors, governors, congressmen, the President, and judges. Don’t forget the judges.”
No, it will stop when we start killing them back.
and it’s fast approaching that point.
“The killings of Americans in America by illegal aliens will continue until all the politicians who support amnesty and open borders have been driven from office. That includes mayors, governors, congressmen, the President, and judges. Don’t forget the judges.”
AGREED!
But I would add.... scrutinizing the amnesty ‘intent’ of our Presidential candidates as well, otherwise, we’re screwed!!
Amnesty is not something I am willing to compromise on. All R candidates say they oppose Amnesty! There should be NO ‘figuring out who is here’, (attempting to separate the ‘good’ illegals from the ‘bad’ illegals’?) and giving ANY of them “aspirations of citizenship”.
“You’re going to have to, in some way, work out a deal where they can have some aspirations of citizenship but not make it so easy that it’s unfair to the people waiting in line and abiding by the law.” Fred Thomson
NO DEAL Fred. NO DEAL.
Excellent post!
“On Nov. 13, 2006, Rivera Gamboa pleaded guilty to two counts of drunken driving. He also disclosed that he was not a U.S. citizen and signed a plea agreement that read, in part: “I understand that if I am not a citizen of the United States, a criminal conviction could cause me to be deported, denied United States citizenship, or refused the right to re-enter the United States.”
The document is the first direct evidence that authorities missed an opportunity to expel Rivera Gamboa before police allege he strangled Countryman at a Milwaukie apartment complex. “
If Greta keeps digging, I think we are going to find direct historical evidence that authorities also KNEW Jose Carranza was here illegally and with it, the reason why he would ONLY turn himself into Mayor Booker.
E-x-c-e-l-l-e-n-t point----very insightful.
Interesting that Carranza surrendered himself at his own request to one person------Newark Mayor Cory Booker.
Does Carranza know Booker?
What is Booker’s connection to these latino invaders and MS-13 violent gangs?
Did Carranza vote for Booker using several identities.
Did Carranza use fraudulent documents and several identities to register to vote?
Did Carranza contribute to Booker‘s mayoral campaign (and did Carranza use several identities to do so)?
Where did Carranza---an illegal invader----get the substantial money needed to invade the US from faraway Peru?
Did Carranza deal drugs?
Did Carranza use drug money for political purposes?
It appears the imbeciles at the levers of Newark government are in league with these alien hordes; Newark government is apparently protecting these illegal invaders from the law. The illegal animals are raping, murdering and looting and pillaging-—and Newark government is helping them beat the law.
The whiff of anarchy fouls the air.
I still think Cal was on to something when she found this. How can two people look so much alike, have the same name, and not be the same person? The discrepancy is in the ages.
http://www.freerepublic.com/focus/f-news/1881443/posts?page=116#107
Exactly!
And it even kind of turned my stomach when I heard Booker had gone up to the hospital to visit the surviving victim! He has been soooo adamant about this NOT being gang or race related, and not having to do will immigration status...I do NOT trust him.
Brava!
Excellent post!
Thank you for the information.
I said the exact thing to my husband last night. This situation is at crisis level.
Yesterday I was stuck behind a school bus in an area that is all illegal. I would say 50 children got off the bus, most were met by their mother, all the mothers had a toddler in tow and most were pregnant. This is a nightmare.
If you have the chance? see Fox News, Greta’s interview with Newt Friday night.
While I might not agree with Newt’s/? politics, he was dead on.
And coming from Greta, they were great questions on the subject of immigration.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.