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Immigration status of man accused in ice cream shop deaths eluded police for years
9 News Colorado | 9/9/08 | Jeffrey Wolf

Posted on 09/09/2008 7:38:30 AM PDT by Glacier Honey

AURORA ? At least eight local law enforcement agencies have made contact with him over the last five years, but until this week, most of them say they had no reason to believe Francis Hernandez was an illegal immigrant.

Aurora Police say last week Hernandez caused a chain-reaction crash which resulted in the deaths of three people inside and outside of an ice cream store. On Friday, Aurora investigators said they believed Hernandez was born in California and could find no indication that he was in the U.S. illegally.

Monday, federal immigration officials confirmed they now believe Hernandez came into the country illegally in 1991 and that he was born in Guatemala.

A state criminal database shows Hernandez has had plenty of contact with police since 2003. Starting with a misdemeanor arrest in Broomfield in September 2003, the database indicates authorities in Westminster, Longmont, Lakewood, Gilpin County, Boulder County, Denver and Aurora have also made contact with Hernandez.

Those agencies picked Hernandez up on various things ranging from speeding to criminal impersonation. All but one of the cases involved misdemeanor charges. That one exception was the criminal impersonation charge and prosecutors eventually allowed Hernandez to plead guilty to a misdemeanor in that case.

The news that Hernandez is now believed to be an illegal immigrant had local law enforcement agencies scrambling on Monday to figure out their exact interaction with Hernandez.

"There really was no way of knowing (his status)," said a spokesperson for the Denver Police Department on Monday. "At the time of his arrest (on July 18 for various traffic violations) we had no reason to believe he was in the country illegally."

That was a sentiment 9NEWS heard often on Monday during our conversations with many of the local agencies.

Hernandez has used a number of different aliases over the last five years which could have contributed to the problem. In Jefferson County, for instance, he used the name Ricky Perez, according to the state's criminal database.

Carl Rusnok, a spokesperson for U.S. Immigration Control and Enforcement (ICE), says it is his understanding that ICE, prior to this week, had not been notified by anyone in Colorado about Hernandez's immigration status.

"We feel like somebody dropped the ball," said Robert Guntharp, the husband of Patricia Guntharp, who was one of those killed on Thursday. "We still have major questions that we still can't understand."

Hernandez was in court on Monday to be advised of his rights. He faces several charges of vehicular homicide.

He is accused of running a red light in his SUV and hitting a pickup, which was sent hurtling into an Aurora ice cream store. Two women in the pickup, Patricia Guntharp and Debra Serecky, were killed instantly and a boy in the store, Marten Kudlis, died later of his injuries.

No bond discussions took place during Hernandez's advisement on Monday but he remains on a hold by immigration officials which comes with an automatic $250,000 bond. The hold, or detainer, means Hernandez would be turned over to immigration authorities should the state release him.

(Copyright KUSA*TV. All rights reserved.)


TOPICS: News/Current Events
KEYWORDS: aliens; crimalaliens; immigration; sanctuary
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This is a comment posted by one of our grateful illegal immigrants:

guanaca213 wrote: DSSPARKY wrote: they say it would cost to much to control our borders but it would be a lot cheaper than supporting them everybodys welcome here........its a nice thought.but unfortunatly a large portion of illegal immigrants end up becoming a huge drain on our schools,economy& wellfare system it is hurting us all ....

ARE YOU STUPID OR WHAT in order to get welfare or medicaid you need a SSN THE ONLY PEOPLE YOU SEE THERE ARE WHITE TRASH AND BLACK PEOPLE YOU MIGTH SEE 1 OR 2 LATINOS THERE ALSO LOOK AT THE SHELTER'S AND HOMELESS WHAT DO YOU SEE CRACK HEADS (WHITE AND BLACK PEOPLE) YOU GUYS SHOULD BE HAPPY THAT WE ARE HERE WE ARE THE ONLY ONES WORKING THE HARDER JOBS AND GETTING PAY LESS WHO DOD YOU THINK ARE BUILDING SCHOOLS LIBRARY OH YEAH NEW ORLEANS US MEXICAN'S WE ARE THE BEST

1 posted on 09/09/2008 7:38:30 AM PDT by Glacier Honey
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To: Glacier Honey

What’s that old saw?

The one who resorts to name calling and SHOUTING IN ALL CAPS is losing the argument...


2 posted on 09/09/2008 7:44:59 AM PDT by null and void (When you bang your forehead on the ground five times a day, it damages your brain.)
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To: Glacier Honey
ARE YOU STUPID OR WHAT in order to get welfare or medicaid you need a SSN THE ONLY PEOPLE YOU SEE THERE ARE WHITE TRASH AND BLACK PEOPLE YOU MIGTH SEE 1 OR 2 LATINOS THERE ALSO LOOK AT THE SHELTER'S AND HOMELESS WHAT DO YOU SEE CRACK HEADS (WHITE AND BLACK PEOPLE) YOU GUYS SHOULD BE HAPPY THAT WE ARE HERE WE ARE THE ONLY ONES WORKING THE HARDER JOBS AND GETTING PAY LESS WHO DOD YOU THINK ARE BUILDING SCHOOLS LIBRARY OH YEAH NEW ORLEANS US MEXICAN'S WE ARE THE BEST

Take a look at our prisons amigo.
3 posted on 09/09/2008 7:45:28 AM PDT by cripplecreek (Voting Conservative isn't for the faint of heart.)
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To: cripplecreek

Didn’t they bring back TB and a new parasite threat Chagas disease?


4 posted on 09/09/2008 7:47:00 AM PDT by Scythian
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To: Glacier Honey
This story is just awful. Two women who were turning into a fast food restaurant and a 3 year old boy eating ice cream inside a Baskin Robbins were killed. The little boy is the son of Russian immigrants who are heartbroken. It just makes me sick that scum like this guy are let free to prey on honest, working people.
5 posted on 09/09/2008 7:47:31 AM PDT by luv2ski
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To: Glacier Honey

Why should you and I abide by the rules when this garbage goes on every single hour of the day.


6 posted on 09/09/2008 7:48:34 AM PDT by George from New England (now from north of Tampa Bay)
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To: luv2ski
I know - It is getting worse here in Colorado. I love this great state but my best friend's husband was hit head on two years ago by an illegal and he was critically injured but survived. The illegal who hit him was also injured and received free medical care (thanks to us tax payers) and fled
(of course) after he was released from the hospital and is still driving around some where taking no legal or fiscal responsibility for his actions that caused my friends family financial hardships for a long time while he was out of work.
7 posted on 09/09/2008 7:56:02 AM PDT by Glacier Honey
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To: cripplecreek
Take a look at our prisons amigo.

...and our emergency rooms...

8 posted on 09/09/2008 7:57:19 AM PDT by null and void (When you bang your forehead on the ground five times a day, it damages your brain.)
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To: Glacier Honey

What a crazy rant. If illegals return to their home country, legal American workers would get those jobs.

It is already being proven as people are standing in lines for jobs where illegals are working for law violating employers. Illegals should return home, and the employers should pay heavy prices.

Come in legally, and there would be no complaints no matter where you are from.

If a person is here legally, they have a right to complain. If a person is here illegally, they need to return to their own country and apply to come into the US fairly like many other immigrants have done.


9 posted on 09/09/2008 7:59:48 AM PDT by dforest
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To: Glacier Honey; Admin Moderator
Here is the link:

http://www.9news.com/rss/article.aspx?storyid=99340

10 posted on 09/09/2008 8:07:27 AM PDT by raybbr (You think it's bad now - wait till the anchor babies start to vote!)
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To: indylindy

“Illegals should return home, and the employers should pay heavy prices.”

No, employers of illegals should be prosecuted as accessories to whatever crimes these invaders commit. The employer of this criminal should be jailed for vehicular homicide. That would be an excellent deterrent to hiring people who can’t seem to drive anything other than four-legged transportation safely.


11 posted on 09/09/2008 8:09:35 AM PDT by kittymyrib
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To: kittymyrib

If I’m ever injured by an illegal I gurantee I’ll be going after the employer with a major lawsuit.


12 posted on 09/09/2008 8:15:21 AM PDT by cripplecreek (Voting Conservative isn't for the faint of heart.)
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To: kittymyrib

LOL, You win this one, you are right.


13 posted on 09/09/2008 8:17:00 AM PDT by dforest
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To: kittymyrib
No, employers of illegals should be prosecuted as accessories to whatever crimes these invaders commit. The employer of this criminal should be jailed for vehicular homicide.

I agree. But I'd like the advice of the legal FReepers... wouldn't it be easier to maybe sue in CIVIL court as partially responsible for the fact that this person was illegal, wasn't reported and because of his presence in or on the job was able to kill those people...when if he'd been deported those 3 people would still be alive.

I thought that civil was easier to prove than criminal intent. BUT... what they did allow was an ILLEGAL immigrant to stay with false SSN. Which is criminal..so I guess take the employer to civil and criminal court.

By the way, I'm of Mexican and Texican heritage and a lot of us don't like the illegals trying to bring the "Mexican" socialist bullsh#t here either. Bribery, la mordida, el "Patron"..etc.... uneducated and hard working but they have no loyalty to this country and act like it.

14 posted on 09/09/2008 8:18:43 AM PDT by Dick Vomer (liberals suck....... but it depends on what your definition of the word "suck" is.,)
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To: cripplecreek; All

From the Center for Immigration studies:

Non-Citizen Voting:
Is It in America’s Future?

WASHINGTON (September 2008) – In this contentious election season, one thing that’s taken for granted is that American citizens will be the ones choosing the next president.

But a new paper from the Center for Immigration Studies reveals a concerted effort gathering force to allow new immigrants to vote without becoming citizens. It is being mounted by an alliance of academics and law professors, local and state political leaders, and community and immigration activists.

In his paper, Allowing Non-Citizens to Vote in the United States? Why Not, Dr. Stanley Renshon offers the first comprehensive review and critique of this growing movement. Dr. Renshon, a professor of political science at City University of New York Graduate Center, warns that decoupling the legal standing to vote from American citizenship would be a mistake for both immigrants and their new homeland.

CIS will release this paper at a panel discussion on Monday, September 15, at 9:30 a.m., at the National Press Club, 14th & F streets. Commenting on Dr. Renshon’s paper will be Michael Barone, a senior writer for U.S. News & World Report and principal coauthor of The Almanac of American Politics, and John Fund, a reporter for The Wall Street Journal and author of Stealing Elections: How Voter Fraud Threatens Our Democracy.

What:
Release of Allowing Non-Citizens to Vote in the United States? Why Not

Author:
Stanley Renshon, CUNY Graduate Center

Discussants:
Michael Barone, U.S. News & World Report
John Fund, The Wall Street Journal

Moderator:
Mark Krikorian, Center for Immigration Studies

When:
Monday, September 15, 9:30 a.m.

Where:
National Press Club, 14th & F streets, Murrow Room

RSVP:
Bryan Griffith, 202-466-8185, press@cis.org


15 posted on 09/09/2008 8:19:21 AM PDT by AuntB ( "During times of universal deceit, telling the truth becomes a revolutionary act." - George Orwell)
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To: null and void

.......and all their little anchor babies qualify for EVERY social program out there so OUR welfare office is filled with illegals and Spanish is almost the only language spoken there now.
They lie.


16 posted on 09/09/2008 8:21:58 AM PDT by sheana
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To: raybbr

Thanks, I trid posting the link but it said 9News had it blocked.

Also - just heard this story reported on Fox News


17 posted on 09/09/2008 8:23:05 AM PDT by Glacier Honey
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To: cripplecreek; AuntB; kittymyrib; Dick Vomer
Tancredo Slams Hickenlooper and Ritter for Deaths Caused by Illegal Alien

It's time to start suing the politicians too.

18 posted on 09/09/2008 8:24:23 AM PDT by raybbr (You think it's bad now - wait till the anchor babies start to vote!)
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To: raybbr

The only problem I have with suing politicians is the fact that it just costs the taxpayers. On the other hand suing companies will just cause them to pass the cost onto the consumer.

Since we don’t allow flogging anymore, incarceration is a fair compromise.


19 posted on 09/09/2008 8:27:37 AM PDT by cripplecreek (Voting Conservative isn't for the faint of heart.)
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To: All
"There really was no way of knowing (his status)," said a spokesperson for the Denver Police Department on Monday. "At the time of his arrest (on July 18 for various traffic violations) we had no reason to believe he was in the country illegally.

Was one of the violation not have a DL? If true, then how could they possibly not know?

20 posted on 09/09/2008 8:32:10 AM PDT by raybbr (You think it's bad now - wait till the anchor babies start to vote!)
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