Prosecution drops case against illegal immigrant charged with killing pedestrian
COLLIER COUNTY — An illegal immigrant charged with killing a 34-year-old pedestrian during a hit and run in Immokalee in December got lucky when an eyewitness disappeared and another was deported before trial.
Assistant State Attorney Ashli Gagliardi filed a notice of nolle prosequi, dropping the case against Evaristo Lara Cruz, 24, of Immokalee. He’d faced up to five years in state prison if convicted of driving without a license and causing a death, a third-degree felony.
But Lara Cruz won’t escape punishment in the Dec. 8 death of 34-year-old Angel Manuel Toxpa: He’s being held in the Collier County jail and faces deportation to Mexico.
“We nolle prossed it because we didn’t have any ‘wheel witnesses’ to identify the defendant as the driver,” State Attorney’s Office Spokeswoman Samantha Syoen said of placing Lara Cruz at the wheel.
Lara Cruz was allegedly driving a silver Jeep Cherokee west on Tower Rentals Road that night, when it hit Toxpa, who was walking east on the north shoulder of the roadway, arrest reports say.
Lara Cruz then turned left, driving the SUV into a house, according to reports, which say he got out, only to be confronted by the victim’s brother, Salvador Manuel Toxpa.
Lara Cruz fled, but then Rosendo Iglesias, 27, of Immokalee, jumped in the Jeep and drove off. Florida Highway Patrol troopers found Lara Cruz and the Jeep at an Immokalee home in the 400 block of South Third Street.
Lara Cruz was arrested on the felony charge, in addition to leaving the scene of an accident and leaving the scene of a crash with damage to property.
Iglesias, of the 400 block of South Third Street, was arrested and charged with accessory after the fact, a second-degree felony punishable by up to 15 years in prison. The State Attorney’s Office intended to prosecute him on a third-degree felony, tampering with physical evidence.
In April, Lara Cruz pleaded guilty to careless driving, a traffic offense, his license was suspended for a year and he was fined $1,000. But the felony case couldn’t proceed.
The victim’s brother, Salvador Toxpa, disappeared after moving without leaving a forwarding address, investigators couldn’t find him, and family members didn’t know where he was.
“We searched for him for four months,” Syoen said. “He has no permanent address or phone number.”
Although prosecutors had statements from two eyewitnesses, the U.S. Constitution gives the defendant the right to confront and cross examine his accusers but that wasn’t possible so the state was forced to drop its case.
Iglesias was jailed, but deported before trial. Records show his court-appointed attorney filed a motion to release him on his own recognizance and it was granted Jan. 20. He was ordered to show up for arraignment the next month and a warrant and pickup order was issued, but he never showed up for other court hearings. In April, a judge ordered that he be arrested and held without bond.
“ICE stepped in and he was deported,” Syoen said of Immigrations and Customs Enforcement officials.
Source - http://www.marconews.com/news/2010/oct/26/prosecution-drops-case-illegal-immigrant-kill/?partner=yahoo_feeds
20+ million ILLEGAL aliens are in the United States of America.
Right now in the United States of America, ILLEGAL aliens have more rights than you do!
9/26/2010 - HAZELTON, PA - UNITED STATES OF AMERICA - IT'S ILLEGAL TO ARREST AN ILLEGAL ALIEN. IT'S ILLEGAL TO ARREST OR PUNISH THOSE WHO HIRE OR RENT TO ILLEGAL ALIENS!!!
"There can be no divided allegiance here. Any man who says he is an American, but something else also, isn't an American at all. We have room for but one flag, the American flag, and this excludes the red flag, which symbolizes all wars against liberty and civilization, just as much as it excludes any foreign flag of a nation to which we are hostile...We have room for but one language here, and that is the English language...and we have room for but one sole loyalty and that is a loyalty to the American people." --Theodore Roosevelt
"This nation is in danger of becoming a Third World nightmare with all the corruption, disease, illiteracy, violence and balkanization known all over the world. We need a 10-year moratorium on all immigration to catch our collective breath and we need deportation of over 10 million illegal aliens in a slow and orderly fashion." --Ed Garrison
“The 1987 amnesty was a failure; rather than reducing illegal immigration, it led to an increase,” FAIR stated. “Any new amnesty measure will further weaken respect for our immigration laws. Therefore, all amnesty measures must be defeated.” --Frosty Wooldridge
President barry shits on the United States.
This is a picture of YOUR American president, (president barry soetoro, a.k.a barack obama) refusing to acknowledge the National Anthem of the United States of America. This picture clearly shows barry with his hands crossed across his vaginal area when the United States Anthem was playing.
barry has NO RESPECT for you, me, or America! Not only did he disrespect America, he just shit on the graves of every American Soldier that has died for this country.
6/15/2010 - PRESIDENT BARRY CAN'T EVEN KEEP A U.S. PARK OPEN!!! He gave the park to mexico & the illegal alien mexican drug cartel!!!
7/6/2010 - American President barry soetoro sues AMERICA!!!
9/11/2010 - YOUR president just gave mexico $1 billion dollars for deepwater oil drilling despite his own moratorium on U.S. deepwater drilling!? More proof that barry hates America!
Treason
–noun
1. the offense of acting to overthrow one's government or to harm or kill its sovereign. 2. A violation of allegiance to one's sovereign or to one's state. 3. the betrayal of a trust or confidence; breach of faith; treachery.
Traitor
–noun
1. a person who betrays another, a cause, or any trust. 2. a person who commits treason by betraying his or her country.
Pslam 109:8
May his days be few; may another take his place of leadership.
700 ILLEGAL ALIENS - 40 DAYS - ONE TRAIL
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400 ILLEGAL ALIENS - 35 DAYS - ONE TRAIL
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What's in their backpacks? Are any of them sick with a contagious disease?
United States Code, Title 8, Chapter 12, Subchapter II, Part VIII, §1325 - "Improper Entry by Alien," any citizen of any country other than the United States who: 1) Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or 2) Eludes examination or inspection by immigration officers; or 3) Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact; has committed a federal crime.
Violations are punishable by criminal fines and imprisonment for up to six months. Repeat offenses can bring up to two years in prison. Additional civil fines may be imposed at the discretion of immigration judges, but civil fines do not negate the criminal sanctions or nature of the offense.
ILLEGAL
-ADJ
1. FORBIDDEN BY LAW; UNLAWFUL; ILLICIT 2. UNAUTHORIZED OR PROHIBITED BY A CODE OF OFFICIAL OR ACCEPTED RULES
-N
3. A PERSON WHO HAS ENTERED OR ATTEMPTED TO ENTER A COUNTRY ILLEGALLY
Illegal Alien
–noun
1. a foreigner who has entered or resides in a country unlawfully or without the country's authorization. 2. a foreigner who enters the U.S. without an entry or immigrant visa, esp. a person who crosses the border by avoiding inspection or who overstays the period of time allowed as a visitor, tourist, or businessperson.
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