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Wrongful Death Suit Filed in Fatal Crash - Illegal Immigrant Charged in May 24 Wreck That Killed 2
Richmond Times-Dispatch ^ | July 19, 2008 | Mark Bowes

Posted on 07/19/2008 6:44:56 AM PDT by Kjirstje

An illegal immigrant charged with killing two people in a South Richmond car crash now faces a $2.3 million wrongful-death suit filed by the family of one of the victims.

The administrators of the estate of Kathryn L. Jones, who was fatally injured in the May 24 wreck, also has named as a defendant the construction company for which Carmen Alejandro Garcia-Hernandez was employed.

Garcia-Hernandez was driving a pickup truck registered to R.J. Biringer Construction Co. Inc., whose owner, Ronald J. Biringer, is under federal indictment for transporting illegal immigrants.

Richmond police allege that Garcia-Hernandez was driving the truck when it ran off Snead Road at 11:19 p.m. and hit a parked car, which spun around and hit two people standing next to it.

The bystanders, Jones, 44, and Joseph Owens, 40, of Alberta in Brunswick County, were taken to VCU Medical Center, where they were pronounced dead at 1:13 a.m., according to police.

Jones, a native of South Hill and the mother of two children, lived in the neighborhood were the crash occurred and was attending a house-warming party when she was struck, said Charles H. Cuthbert Jr., her attorney. She had been employed several years as a security guard for Wackenhut Corp., he added.

After the crash, police said Garcia-Hernandez, 28, tried to flee the scene on foot, but witnesses detained him until officers arrived. He was indicted June 9 on two counts of aggravated involuntary manslaughter, driving while intoxicated and felony hit-and-run driving.

According to the lawsuit, Garcia-Hernandez had a blood-alcohol level of 0.15, nearly twice the legal limit of 0.08.

His employer, Ronald Biringer, was indicted March 19 by a federal grand jury in Richmond on a single count of transporting illegal immigrants to Fort Lee on Jan. 14. He was arrested a day later and released on bond.

He had been scheduled to stand trial Thursday in U.S. District Court, but his case apparently has been put on hold indefinitely. Several court officials and Biringer's attorney say the case is now under seal, but they all declined to elaborate.

The case has disappeared from the federal court docket and documents related to Biringer's indictment, originally posted on the federal judiciary's official Web site, have been expunged completely.

"I was really perplexed as to why the federal record was sealed," said Cuthbert, who also was rebuffed by court officials. "I cannot imagine that this case implicates national security in any way.

The lawsuit suggests that Garcia-Hernandez had permission to drive the Biringer company truck at the time of the crash. "At all relevant times," the suit says, "Mr. Garcia-Hernandez was an agent or employee of R.J. Biringer Construction Co. Inc., and was acting within the course and scope of such agency and employment."

A day after the fatal crash, Biringer reported to Powhatan County police that Garcia-Hernandez had taken the Ford truck without authorization from the company's office at 1730 Douthit Court, off U.S. 60 in eastern Powhatan. He reported the truck had been missing since Friday, May 23, a day before the wreck.

Steven Bancroft, a Northern Virginia attorney representing Biringer's company in the lawsuit, couldn't be reached for comment yesterday.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; US: Virginia
KEYWORDS: aliens; crimaliens; deadamericans; illegals; immigrantlist; immigration; lawsuit
Key phrases of concern: "case apparently has been put on hold indefinitely,"; "case is now under seal,"; "case has disappeared from the federal docket,"; "documents related to Biringer's indictment...have been expunged completely."
1 posted on 07/19/2008 6:44:56 AM PDT by Kjirstje
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To: Kjirstje

Thanks very much for posting/commenting. BTTT!


2 posted on 07/19/2008 6:49:14 AM PDT by PGalt
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To: Kjirstje

Take them to the cleaners!


3 posted on 07/19/2008 6:52:24 AM PDT by KLFuchs (Congress and the president working together is much worse than having them fighting.)
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To: Kjirstje
I'm sure the Bush justice department will make sure that these defendants will be set free since these were hard working illegals only doing jobs that Americans don't want to do and the victims were obviously lazy Americans hanging around a park car.
4 posted on 07/19/2008 6:52:31 AM PDT by hodaka (')
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To: Kjirstje

We had a similar incident in Raleigh about 1 1/2 months ago.
An illegal got on I440 going to wrong way and hit a van head-on.

Killed 2 another critical in the van.

They were illegals also.


5 posted on 07/19/2008 7:01:07 AM PDT by Vinnie (You're Nobody 'Til Somebody Jihads You)
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To: Kjirstje
The administrators of the estate of Kathryn L. Jones, who was fatally injured in the May 24 wreck, also has named as a defendant the construction company for which Carmen Alejandro Garcia-Hernandez was employed.

If the construction company has liability insurance it will be interesting to see if the insurance covers actions illegal employees.

6 posted on 07/19/2008 7:03:41 AM PDT by Mike Darancette (Obama's idea of trickle-down economics is to piss on business.)
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To: Kjirstje
"I was really perplexed as to why the federal record was sealed," said Cuthbert, who also was rebuffed by court officials. "I cannot imagine that this case implicates national security in any way.

The record was sealed because the federal government is prepared to use every resource it can muster to protect those who help them in their goal of infesting this country with as many illiterate, impoverished, third-world parasites as possible.

This whole thing will disappear entirely. Count on it.

7 posted on 07/19/2008 7:04:41 AM PDT by GiovannaNicoletta
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To: Kjirstje

They should also name the President, the Attorney General and the director of Homeland Security as well for their failure to secure the borders and enforce federal immigration law.


8 posted on 07/19/2008 7:06:41 AM PDT by Kozak (Anti Shahada: There is no god named Allah, and Muhammed is a false prophet)
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To: GiovannaNicoletta
The record was sealed because the federal government is prepared to use every resource it can muster to protect those who help them in their goal of infesting this country with as many illiterate, impoverished, third-world parasites as possible.

Well said!!

9 posted on 07/19/2008 7:09:31 AM PDT by Dustbunny (Freedom prospers when religion is vibrant and the rule of law under God is acknowledged. The Gipper)
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Comment #10 Removed by Moderator

To: Kjirstje
Key phrases of concern: "case apparently has been put on hold indefinitely,";
"case is now under seal,"; "case has disappeared from the federal docket,";
"documents related to Biringer's indictment...have been expunged completely." "


11 posted on 07/19/2008 7:26:25 AM PDT by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: GiovannaNicoletta

Disgraceful that the feds should just sweep all of this under the table. Had an American citizen been drunk and responsible for two auto deaths, he would be in jail right now, awaiting 5-10 in the slam. Face facts. Until the American people act themselves—not demand action, but literally do it themselves—this sort of thing will continue to be commonplace. God knows how much of this goes on everyday, as the MSM will certainly not report it. The business owner needs thrown out of business. And the illegal alien must be executed. Pure and simple. Start arresting/fining business owners who employ illegals and the alien problem will begin to vanish.


12 posted on 07/19/2008 7:29:27 AM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: Diogenesis

Nice pic of Three Stooges...........


13 posted on 07/19/2008 7:29:56 AM PDT by litehaus (A memory tooooo long)
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To: Dustbunny; GiovannaNicoletta
The record was sealed because the federal government is prepared to use every resource it can muster to protect those who help them in their goal of infesting this country with as many illiterate, impoverished, third-world parasites as possible.

Well said!!

Indeed! It has come to us against them, they have become an enemy to the people. IMHO

14 posted on 07/19/2008 7:32:15 AM PDT by Las Vegas Ron (Election '08, the year McCain defined the word "dilemma")
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To: Oldpuppymax

” Until the American people act themselves—not demand action, but literally do it themselves—this sort of thing will continue to be commonplace. “

If a loved one of mine was ever raped or killed by an illegal. The first people I’m going after are the loved ones of the business person who imported the illegals in the first place. They are fair game as long as they are adults.


15 posted on 07/19/2008 7:36:15 AM PDT by Rottweilerson
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To: Las Vegas Ron

“Third world parasites” is right.

The number of illegals who themselves have parasites is staggering. Tape worms are especially prevalent.

FYI tape worms lay eggs that travel in the bloodstream. When they reach the brain they get encapsulated and look like brain tumors. The cost of brain surgery to remove these eggs is also staggering.

You and I are paying for it.

p.s. I didn’t even mention the drug-resistant TB or leprosy that these invaders have brought with them.


16 posted on 07/19/2008 7:39:41 AM PDT by ladyjane
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To: Mike Darancette
If the construction company has liability insurance it will be interesting to see if the insurance covers actions illegal employees.

I'm sure the insurance policy includes an exclusion for illegal activities. The liability will be on the contractor alone. If he is a small business, the assets likely are balanced by debt. It will come down to how well he has pulled money out of the business and put it into funds that are beyond the plaintiff's reach, such as retirement annuities. That's what the Goldman's could not get from O.J. Simpson.

17 posted on 07/19/2008 7:41:47 AM PDT by LoneRangerMassachusetts
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To: Dustbunny

BTTT


18 posted on 07/19/2008 7:51:11 AM PDT by Unicorn (Too many wimps around.)
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To: Kjirstje

Sure sounds like some kind of payoff, monetary or otherwise.


19 posted on 07/19/2008 8:05:54 AM PDT by hdstmf
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To: Kjirstje
There are plenty of reports of gang violence south of the border. According to this Daily Telegraph Article:
Since January, more than 1,300 people have been killed in execution-style hits or gunned down in fire fights, which often rage for hours in broad daylight and turn residential neighbourhoods into war zones. If the trend continues, 2008 will top last year's toll of 2,500 deaths in drug-related killings.
You don't hear so much about Americans at the Border. Too bad.

Americans are regularly abused. According to this article entitled US Warns Tourists of 'Small-Unit Combat' at Mexico Border -- Murder and kidnapping of Americans has become routine all along the US Mexican border. According to the State Department sometimes heavily armed attackers wear the uniforms of the Mexican police or military.

If there is silence about events at the border. The silence about killings north of the border is deafening. And yet....

More Americans killed by illegal aliens than Iraq war, study says Think about it. A man or woman killed in Iraq or Iran in the line of duty is a hero. But what is an American killed at home by an illegal alien because the government has failed in its sworn duty to guard the borders. This is a pact between the sovereign and the person has paid taxes and loyalty. The answer is to that question is pretty awful. And it bodes ill for the republic.

But is it true?

When you start digging into the numbers the only ones that can be sourced with the feds are the number of American murdered in 2005: 16692
I have seen federal numbers for illegals held in jail ranging from 19.3% to 27% of the federal prison population.

Here's a sampling of USA cities wanted for murder. What you'll see is that in big USA cities like LA or NYC most of the murderers are Hispanic. Unknown are the % of illegals. In smaller cities the FBI will post the nationalities of the murderers. About 25% of the most wanted are illegals wanted for murder. This number agrees with the percentage of illegals incarcerated in federal prisons. +-25%

Pictures of top 10 most wanted in LA. Up until recent stories about crime in LA posted by the LA Times--the pictures included the nationality of the murderers. They were all foreign nationals and mostly Mexican.

Wanted for Murder in New York City.

Chicago wanted for Murder


Philadelphia wanted for murder

San Francisco wanted for Murder


New Orleans wanted for Murder

Pictures of suspects wanted for murder in Washington DC

FBI USA 10 most wanted. (two of 10 are Mexican nationals) Around 40% of the FBI's wanted for murder are Mexican Nationals

There are currently no exact numbers on the number of Americans killed by illegals. Part of the reason is that the government deliberately obscures the number. I talked on the phone with the head of statistics for the US Bureau of Prisons. He said his office wasn't allowed to publish the number of illegal alien murderers. Rather they were forced to put legal and non legal residents in the same category. He said further that most of illegals in the federal prisons were in for drug related charges. Most of the illegals in jail for murder were in the state prisons. I talked to ICE. They put out detailed numbers on illegal child molestors. However, they put out nothing on illegal murderers.

Part of the reason for the silence on the matter is that there is evidence to suggest that most Americans--but by no means all -- being killed by illegals are black--as is the suggestion in this LA Times Article. Also this article from the LA Times. And here. This makes intuitive sense. We see stories regularly of drug gang killings in Mexico but we don't see those same stories in the USA. The reason we don't see those stories is not because its not happening. Rather we don't see the stories about illegals killing blacks because that kind of story is terribly politically incorrect. The populations being displaced in downtown sanctuary cities especially are American blacks. That means that their criminal elements would be pushed aside by Mexican gangs as well. That's also the story that the wanted for murder posters in all the major cities seems to suggest.

Why isn't there an outcry in the black community? Beats me.

Nevertheless, the pattern of non reporting is starting to break. Discovery Channel has a series called Gangland that mentions ethnic cleasing of blacks by Mexican gangs

Reported Foreign Nationals on Death Row in the U.S.

To look at other USA cities go here http://stlouis.fbi.gov/ and replace stlouis with the city you want.

All that said the true number of criminal aliens is far higher than is revealed by criminal aliens in prisons. Most are simply waived through the courts.DHS Secretary Chertoff, has been quoted as warning that two million people in this country illegally have committed serious crimes. If you check the links you'll notice that its McCain who cites Chertoff. See also here and here Here is more info from Judicial Watch.

However the number of illegals on death row is far lower. Sadly, so many small towns and villages across America have sent their warriors off to war half way across the world only to see communities fill up with illegal aliens.


20 posted on 07/19/2008 9:09:36 AM PDT by ckilmer (Phi)
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To: Kjirstje

bump


21 posted on 07/19/2008 9:17:40 AM PDT by VOA
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To: Kjirstje

Actually gentleman, all you need to do is control the border, plain and simple, but it will never happen!


22 posted on 07/19/2008 9:26:20 AM PDT by ibtheman
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To: ckilmer
A study about this issue that is on my immigration reform flyers:

http://wnd.com/news/article.asp?ARTICLE_ID=53103

23 posted on 07/19/2008 7:26:03 PM PDT by pulaskibush (USA, founded by tolerant Christians. USSR, founded by intolerant Secularist.)
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To: Kjirstje

For those persons who are seriously worried about the alien invasion and the existence of do-nothing legislators—FYI—Lindsey Graham, SC’s US Senator who’s up for re-election this fall, is polling just a little over 50%, which means he’s very vulnerable—since he’s got over 3 million dollars in campaign funds but still isn’t polling any higher than that. His Democrat opponent is an old time Jeffersonian Democrat which means he’s more conservative than Graham by far. Bob Conley wants to not only shut down the border but to sharply curtail legal immigration as well (especially H1B visa and other job stealing government programs).

Conley’s website is http://aimhighwithbob.com. There’s a place on there to contribute. It doesn’t matter where you’re from, send something, anything. Lindsey Graham is a NATIONAL disgrace and his loss in South Carolina where incumbent Senators never seem to lose would send shock waves through D.C. and in all likelihood kill amnesty. If you REALLY want to make a difference, here is an excellent chance.


24 posted on 07/21/2008 7:37:49 AM PDT by R_Kane
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