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Catch And Release With An Illegal Alien Murderer

By Greg L | 4 March 2011 | Fairfax County, Illegal Aliens, Manassas Park, Crime, Prince William County | 15 Comments

Once again the outstanding Judicial Watch manages to get government to disclose what they’re doing supposedly on our behalf.  In the wake of the death of a Catholic nun at the hands of an illegal alien with a chronic alcohol and driving problem, DHS Secretary Janet Napolitano promised us in Prince William County that she would find out how this criminal illegal alien had been set free by Immigration and Customs Enforcement, let us know the whole story, and ensure it wouldn’t ever happen again.  Within weeks Napolitano backtracked from her promises and refused to disclose what ICE had done with this guy.  In response Judicial Watch filed a lawsuit to compel disclosure of public records, and lo and behold we find out authorities had been playing catch-and-release with this guy for a long time and nobody seems to have bothered to do their job.

Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has received a Department of Homeland Security report detailing the agency’s investigation of an illegal alien (Carlos Martinelly-Montano) who is charged with killing a Virginia nun in a drunk driving accident in August 2010. Homeland Security promised a federal court it would release the report earlier this year, but then later claimed the document was in “draft” form and therefore would not be released. Judicial Watch received the edited “final” report on March 3, 2011. Confusingly, the final reported is dated November 24, 2010.

The Homeland Security report details policies and actions of the Obama administration and local governments that allowed Montano, an illegal alien who committed a series of crimes to remain on the streets despite being subject to deportation. The following is adetailed chronology of events as described in the report, obtained by Judicial Watch through a Freedom of Information Act lawsuit filed on December 2, 2010 (Judicial Watch v. U.S. Department of Homeland Security (Case No. 10-2054)):

“On December 7, 2007, Montano was convicted for driving under the influence (DUI) in Prince William County, Virginia and was sentenced to serve 30 days of incarceration. The judge in Prince William County, however, suspended all 30 days of the jail sentence with the result that Montano was not jailed for his offense. Local authorities did not seek to determine Montano’s immigration status nor did they contact ICE (Immigration and Customs Enforcement).”

“Almost one year later, on October 4, 2008, Montano was booked into jail in Prince William County and charged with another misdemeanor DUI. At the time of this arrest, the local authorities determined that Montano was an illegal alien. Thus, ICE lodged an immigration detainer against him. As a result of the immigration detainer, immigration officers took him into custody. On October 7, 2008, Prince William County officials released him from custody.”

Rather than detaining Montano, “ICE agents determined that Montano was a candidate for the Alternatives to Detention (ATD) program,” which monitored his whereabouts using GPS technology. He was therefore released.

While awaiting his deportation hearing, “Montano was charged on March 5, 2009, in Fairfax County, Virginia, with misdemeanor failure to appear related to driving without a license. Local officials dismissed this charge against Montano on May 5, 2009. County officials did not contact ICE. On April 27, 2010, a Manassas Park police officer cited Montano for misdemeanor reckless driving. There is no record indicating that Montano was booked or fingerprinted or that Manassas Park officials contacted ICE. On June 1, 2010, Montano was convicted for reckless driving and fined $500. Again, ICE was not contacted following the citation or conviction.”

“On April 27, 2009, as a result of the October 2008 DUI arrest, the Circuit Court of Prince William County convicted Montano and sentenced him to serve 12 months and 3 days in jail. However, the judge in Prince William County suspended 11 months and 13 days of Montano’s sentence. As a result of the judge’s decision, Montano served less than two weeks in Prince William County for his second DUI conviction.”

“On May 7, 2009, after Montano served the portion of his sentence that had not been suspended, ICE took him into custody. Based on Montano’s compliance during his prior participation in the ATD program, ICE officers released Montano on the prior order of supervision (dating back to 2008) with the condition that he report to ICE on a regular basis.”

Decisions by the Executive Office for Immigration Review caused delays in the removal proceedings. Moreover, Montano’s immigration attorney successfully convinced an immigration judge to delay Montano’s removal hearing on two occasions. The court ultimately scheduled Montano’s hearing for August 19, 2010. However, on August 1, 2010, while under the influence of alcohol, Montano was charged with crashing his car into another vehicle, killing one nun and critically injuring two others.

With respect to the decision to release Montano, rather than detaining him, the report concludes: “In 2008, when the decision was made to release Montano, fewer beds were available in the Washington, D.C. metropolitan area.” The report also points to government policies that allowed immigration officials “broad discretion” about how to use detention resources. The Obama administration used this discretion to release Montano in 2009 after he served jail time for his 2008 drunken driving arrest.

In July 2010, the Obama administration announced it would not take legal action against “sanctuary cities” that prevent local law enforcement entities from freely communicating with federal immigration officials. In contrast, the Obama Justice Department also filed a lawsuit to stop the State of Arizona from enforcing SB 1070, a get-tough illegal immigration law that mandates that local law enforcement officers cooperate with federal immigration officials. The Obama administration ordered federal immigration agents to focus deportation efforts only on illegal aliens suspected of terrorist activity and those convicted of “violent” crimes.

“If this is the cleaned-up version of the Homeland Security report, I can’t imagine what bombshells were included in the original version. Even in its edited form, however, this report is an embarrassment to the Obama administration and a clear indictment of Obama’s lawless approach to illegal immigration. An innocent person lost her life because local police officers and immigration officials couldn’t be bothered to enforce and obey the law. This tragedy is a direct result of the Obama administration’s decision to undermine the enforcement of federal immigration laws,” stated Judicial Watch President Tom Fitton.
Well, isn’t that a shocker.  The Bush Administration didn’t give a whit that this guy was running loose and let him go.  The Obama Administration didn’t care that he was reoffending and let him go.  The court system didn’t care that he was an illegal alien and not only let him go, but repeatedly suspended any punishment for repeatedly violating the law and posing a public safety hazard.  Half the time Prince William County’s Section 287(g) Program did it’s job, but every other jurisdiction that dealt with this guy somehow failed to figure out each and every time that he was an illegal alien with a criminal record awaiting deportation when they nabbed him for driving without a license, failure to appear, driving drunk, and reckless driving.  Finally, it took him killing a nun for authorities to take this guy seriously.

What the heck does it take for an illegal alien to actually be held to account for their unlawful actions?  Does it take slaughtering nuns on their way to Church to get anyone to actually notice there’s a problem?

Each of these jurisdictions that freed Martinelly-Montano bears shared responsibility for the homicide that resulted from their abject failure to do their jobs.  Should they fail to address the serious shortcoming displayed in this report, their culpability in future deaths or violent crimes can only be characterized as willful.

As for the federal government, it’s utter disdain for enforcing the law is well known and there’s little that can be done about that until 2012.  For local governments, holding them accountable is much easier, and it is up to all of us to do so.  We cannot stand idly by while the governments that are supposed to serve us willfully perpetuate the unlawful presence of criminal illegal aliens.

November is coming…



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15 Comments

  1. Greg L said on 4 Mar 2011 at 8:45 pm:
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    Here is a rather bizarre snippet from the whitewash issued by ICE:

    “Implement a risk assessment tool nationwide. ICE has developed a risk assessment tool which will be built into the ENFORCE processing system. This tool will ensure that decisions regarding the detention and release of aliens will be completed more uniformly The tool is weighted to ensure sound detention decisions for aggravated felons, felons, and serious misdemeanants, such as aliens convicted of misdemeanor DUI, misdemeanor assault, or domestic violence. Implementation hinges on negotiations with Council 118 of the American Federation of Government Employees.

    So the job of the federal government in protecting public safety and removing illegal aliens depends on the acquiescence of a public sector labor union? What in the name of all that is great is going on here?

  2. Regdfry said on 4 Mar 2011 at 10:18 pm:
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    Who killed Sharon Parish? The following is from 16 February FairfaxTimes.com:

    “Police said Sharon Parrish, 57, was driving northbound on Ox Road in a 2000 BMW around 9:10 p.m. when a 27-year-old man driving southbound in a 2000 Chevrolet struck her as she attempted to turn left onto Henderson Road.

    Police said Parish, of the 7900 block of Blooms Road, was pronounced dead at the scene. The 27-year-old driver was transported to a local hospital with minor injuries.

    Police said speed is considered a factor in the crash. The investigation continues and police ask witnesses to call 703-691-2131.”

    There were a couple of articles on this topic in the “Potomac” News & Messenger, neither identified the other driver. From their 10 February story:

    “Speed was a factor in the crash, on the part of the Chevrolet driver, Fairfax police said. Transportation officials said the car was traveling at approximately 90 mph.No charges had been filed Thursday.”

    My internet searching has failed to identify the killer. Two possibilities come to mind; 27 year old “child” of prominent politician, or criminal illegal alien immigrant protected by sanctuary policies of Faifax County?

    Does anybody know who the other driver is?

  3. Dave in PWC said on 4 Mar 2011 at 10:54 pm:
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    I’m trying to remember the timeline of when the “Rule of Law” was implemented and did PWCPD fail to check Montero after the law was in effect? If so then the Chief needs to answer some questions about this. We all know he was against implementing the rule.

  4. Gerdie Schmertz said on 4 Mar 2011 at 10:58 pm:
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    Strange how the names of both parties are usually included in news reports (unless a minor is involved) except in this case. I’ve searched every which way I can and nowhere is the name of the 27 year old “mystery driver” to be found. I find that to be a bit suspicious for the same reasons as Regdfry (either a politician’s son or illegal and I believe the illegal would is more likely to be protected than a politician’s son). I’ve been a “follower” of Judicial Watch for the last few years, great resource and a much needed watchdog. I fantasize over JW having a prime time TV show like 20/20, etc. Imagine, the mainstream media opening a window of truth. Hopefully, they’d last a little longer than Fred Grandy….another one bites the dust…

  5. Cynic said on 5 Mar 2011 at 12:34 am:
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    Some articles -

    http://www2.timesdispatch.com/news/2011/mar/04/8/suspect-nuns-traffic-death-had-offenses-handled-in-ar-883902/

    http://www.nydailynews.com/news/ny_crime/2011/03/04/2011-03-04_he_had_just_given_a_soul_to_the_devil_witness_recalls_slay_susps_rant.html

  6. VA_Magoo said on 5 Mar 2011 at 10:21 am:
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    It is being proved everyday that Virginian’s cannot depend upon the State legislators and executive officers of the Federal government to protect us from this “invasion” of illegals, attacks by international terrorist, the infusion of illicit drugs, and criminal enterprises organized and operated on a global scale. For the above stated reasons it is imperative that we take steps to protect ourselves, as provided within the bounds of US and State of Virginia Constitutions. Today, the revitalization of the Militia is requisite more than ever. When we can no longer depend upon others to follow the law, then “WE the People” must stand up and defend ourselves.

  7. Anonymous said on 5 Mar 2011 at 12:15 pm:
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    I thought we didnt give suspended sentances to illegals?

  8. Bob Bruhns said on 5 Mar 2011 at 11:38 pm:
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    So the story is that “Gee, back in 2007 and 2008 we had some reason to let Martinelly-Montero go, and procedures weren’t too good back then, etc, etc. And then from then, on it was Manassas Park, Prince William County and EOIR (DOJ’s Executive Office for Immigration Review) that were at fault, not us at ICE.”

    OK, so what about the case in Loudoun County where a Secure Communities search wrongly came back empty, so another illegally present loose cannon was let go? In that case, the argument was “Oh, well the officers were supposed to do a number of alternate checks on our work, so it’s all their fault that we didn’t happen to notice that the individual was illegally present, etc.” If we check this, I think we may find that a few post-2008 Martinelly-Montano reports DID get sent to ICE, and ICE bungled or simply ignored them.

    I hope that Judicial Watch will continue, and press EOIR and Manassas Park and Prince William County law enforcement, to get to the bottom of the non-performance here. And if need be, go back to ICE and throw any contradictory findings in their faces.

    What we have now, is a bunch of fingerpointing by government agencies that are suppoed to protect and defend the people. We need to break through this charade, and show what really happened. And then we need to demand and enforce change.

    Also - ICE funding is determined by Congress, no? So why does ICE supposedly only have funding to deport fewer than the number of illegal aliens that are entering the country every year? This is official negligence, and it needs to stop. If ICE is lying about their capabiillities, this needs to be stopped. If the funds are indeed too small, they need to be increased. It’s almost ten years after 9/11, there is no excuse for this non-performance to continue.

  9. Black Saint said on 6 Mar 2011 at 4:50 pm:
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    Mexico & the invading horde of Criminals & third world parasites are the number 1 theat to this Nation and its way pass time to recognize this and start treating Mexico and its invasion of this Nation as a invading Nation!

    We need to hold the Politicians that support this invasion accountable for their Treason with arrest and trials for Treason!

    Our border states are overwhelmed, out-gunned, and overran from the massive invasion of Illegal Aliens & Armed Banditos, killing Citizens and Law enforcement personnel and Obama & the Democrats sues the States trying to protect its Citizens!

    Criminals and Illegal Aliens by the millions march in our streets all across the land demanding their rights, riot, wave their flags and spit on American, its Government, Laws, Constitution, and Citizens, and Obama & the Democrats smile, approve & cheer them on while defending their rights to do so.

    Our neighborhoods are flooded with Illegal Aliens gangs, Mexican flags fly in barrios coast to coast , our ER rooms destroyed, Hospitals closed, Schools overwhelmed, Prisons overflowing, 100,s billions spent on Welfare for the invaders, States going bankrupt, Americans Citizens by the 10,of thousands are Robbed, Raped and Slaughtered by the Invading horde, millions of American citizens unemployed and losing everything, while Obama & the Democrats reward the invaders and promises them Amnesty and American citizenship for their Crimes!

    The President and most of the Politicians in Wash, DC plus Mayors in our sanctuary cities from coast to coast should to be arrested and tried for Treason then gave a fast but fair trial and a long drop and sudden stop at the end of a strong rope!

  10. Black Saint said on 6 Mar 2011 at 4:52 pm:
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    Mexicans and Hispanics sneak into this country because they have breed their selves out of living space and the country will not support their uncontrolled breeding!

    The same way some insects and animals do and then migrate to find enough space and food to repeat the process!

    They sneak across the Border where our Government make American citizens pay the medical bills for their Prolific breeding and provide welfare for their spawn.

    They earn more here in a half day’s work than they do in a week at home. The water is cleaner, the medical care (which they get for FREE) is much better, they get low-cost (or free) housing, don’t pay taxes, drive without licenses and insurance, attend schools for free (with 2-3 daily meals included, courtesy of Uncle Sam), get welfare, food stamps etc, etc.

    For all of this royal treatment, are they grateful? OF COURSE NOT. THEY’RE CONSTANTLY FURIOUS AT Us Protesting and demanding More, waving their flags in our face while turning this Nation into the same type of Cesspool & Third World Slum they have created in their own countries that they are now fleeing!

    We’ve given them the shirt off every taxpayer’s back, but they want MORE. Why do legal American CITIZENS not have the right to get angry, without being called RACIST by the Liberals & other Illegal loving American hater,s?

    But nothing will change as long as votes and money are more important than American citizens lives and the future of this Nation to our Corrupt/Pandering Politicians which include many Republicans and 99.9% of Democrat politicians!

    What is a few deaths like the estimated 25 American killed each day by Illegal Aliens and the tens of thousands robberies, rapes, identify thief etc. etc and the 113 billion net cost per year of benefits for the invaders as compared to the Democrats desires for Uneducated, Prolific breeding, Welfare Democrat voters or Businesses and the CoC needs for Slave labor with benefits paid by tax payers!

  11. Anonymous said on 7 Mar 2011 at 5:38 am:
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    Are you saving any of your “anger” for a legal system that let this guy off multiple times or is that a “right” only for real Americans? ICE is ONE of the guilty parties in this.

  12. Anonymous said on 8 Mar 2011 at 5:06 pm:
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    Wow…I can see the anger for our beloved ICE, but where is the anger for our local jurisdictions? Good God, how many times did our local courts slap his damned wrist and let him off the hook? The first paragraph states: “On December 7, 2007, Montano was convicted for driving under the influence (DUI) in Prince William County, Virginia and was sentenced to serve 30 days of incarceration. The judge in Prince William County, however, suspended all 30 days of the jail sentence with the result that Montano was not jailed for his offense. Local authorities did not seek to determine Montano’s immigration status nor did they contact ICE (Immigration and Customs Enforcement).”

    Good job PW County! Let’s continue on our local jurisdiction indictment (we’re jumping ahead to 2009):

    “…While awaiting his deportation hearing, “Montano was charged on March 5, 2009, in Fairfax County, Virginia, with misdemeanor failure to appear related to driving without a license. Local officials dismissed this charge against Montano on May 5, 2009.”

    Next up, Manassas Park: “On April 27, 2010, a Manassas Park police officer cited Montano for misdemeanor reckless driving. There is no record indicating that Montano was booked or fingerprinted or that Manassas Park officials contacted ICE. On June 1, 2010, Montano was convicted for reckless driving and fined $500. Again, ICE was not contacted following the citation or conviction.”

    OK, let’s look at the next one (jumping backwards now, not sure why this report jumps all over the freaking place) ….uh oh, another PW County screwup:
    “On April 27, 2009, as a result of the October 2008 DUI arrest, the Circuit Court of Prince William County convicted Montano and sentenced him to serve 12 months and 3 days in jail. However, the judge in Prince William County suspended 11 months and 13 days of Montano’s sentence. As a result of the judge’s decision, Montano served less than two weeks in Prince William County for his second DUI conviction.”

    Wow! Who the hell is THAT judge? I want THAT judge if I ever screw up with a DUI!!!

    Then ICE releases him.

    So we have Prince William catching him and then letting him go, initially. Then Prince William catches him and notifies ICE, who then let’s him walk. Then we have Fairfax County catching him and then letting him go, then Manassas Park catching him and letting him go.

    Hooray for local juris-my-dic-tion! Hooray for ICE!

    In my opinion, our local governments are as much at fault for that nun dying as ICE is. They are every bit, if not more, culpable. You can’t tell me that the adjudication in each of these circumstances could not have been severe with this scumbag. Greg, I can’t believe you are letting PW, Fairfax and Manassas Park off the hook without at least as much biting sarcasm as ICE is so rightly deserving.

  13. Robert L. Duecaster said on 9 Mar 2011 at 11:27 am:
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    I don’t think you should blame the PWC judge for suspending the sentence, Anonymous, without knowing the facts. These types of sentences are usually the result of plea bargaining. If it was the result of plea bargaining, it’s the Commonwealth Attorney’s office that’s primarily at fault. The judge can still be blamed for approving the agreement, but I can’t fault the judge for that. It’s the CA who is elected to represent the People’s interests. Unless there’s a legal reason for not accepting a plea agreement, the judge should not override prosecutorial discretion.

  14. Dave in AX said on 9 Mar 2011 at 5:37 pm:
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    It would be interesting to know the names of the officials involved that allowed Montano to go free. Who was the judge that reduced his DUI sentence? What ICE officials determined despite his numerous DUI’s that he was fit to be released?

  15. Greg L said on 10 Mar 2011 at 10:56 pm:
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    …and what was the company that had recently hired him as a “customer service representative” despite his criminal history and illegal alien status that is referenced in the documents Judicial Watch was able to obtain? Why did they employ this guy?

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