http://www.thedenverchannel.com/news/25598274/detail.html
Illegal Immigrant Facing Felony Self-Deports Himself
Arrest Warrant Issued For Torres-Ochoa
By Dayle Cedars, 7NEWS Reporter
JEFFERSON COUNTY, Colo. -- An illegal immigrant accused of felony theft
will not stand trial. Instead, he was given the chance to go home to Mexico.
Damacio Torres-Ochoa, was scheduled in court Monday afternoon in
Jefferson County to face charges of theft from an at-risk adult. But
Torres-Ochoa never showed up in court. He was in Mexico.
"He self deports," said Scott Storey, Jefferson County District
Attorney. "He says, 'You know what, I am illegally here, I don't want to
fight it, get rid of me.' So what happens? They take him across the
border. Do you think he comes back? Well my guess is he comes back and
he comes back under another alias and we haven't got justice here."
Torres-Ochoa faced 12 years behind bars for the crime.
"If a person can self-deport without any consequences, you are treating
him better than you are our own citizens," said Storey.
Wallace pleaded guilty in September to shooting at Damacio Torres-Ochoa
and Alvaro Cardona while they were stealing the trailer. Cardona was
shot in the head and suffered severe injuries. Wallace was sentenced to
two years of probation for the shooting. He is now a convicted felon.
"I sat down and apologized to (Wallace)," said Storey, explaining how he
said it was unfair Wallace had to face the consequences for his actions,
yet Torres-Ochoa did not.
Storey said laws need to be changed to make sure something like this
can't happen.
"When you have charges, felony charges, class 3 felony charges, that we
are prosecuting, that have not come all the way through the system (ICE)
should be precluded from deporting (the suspect)," said Storey.
Storey said there is no law that requires immigration officials to keep
an illegal immigrant in the country to face charges.
"It is almost like (ICE is) implicit in him escaping from justice," said
Storey.
Storey said this entire thing would not be an issue had the judge,
Thomas Vance, not reduced Torres-Ochoa's bond from $100,000 to $27,500.
"Thomas Vance knew he was an illegal because of the fact I had it on the
paperwork," said Storey. "Yet he found it necessary to reduce it to
$27,500."
Storey said he sent the chief county and district judges letters asking
them to keep bonds high on known illegal immigrants because of their
flight risk.
"It is a frequent problem that we local district attorney's face and it
has got to stop," said Storey.
Torres-Ochoa used Reliable Bail Bonds to secure his bond.
7NEWS contacted Rosalie Montoya of Reliable Bail Bonds who said she will
now apply for exoneration of forfeiture.
In 2007, the Colorado legislature passed a law that states if a bail
bondsman secures a bond for a person who later turns out to be an
illegal immigrant, the bondsman can get the bond back, minus the fee
charged.
Montoya said the fee in this case was $2,750 for the $27,500 bond.
Torres-Ochoa's sister also put up her house as collateral.
Montoya said she expects to gets everything back minus the $2,750. If
for some reason she does not get the money back, she said she then has
the right to go over Torres-Ochoa's sister's house.
Tuesday, an arrest warrant was issued for Torres-Ochoa. His bond, if
arrested will be $250,000 cash.
Despite the protests from the Jefferson County District Attorney,
Scott Storey, it was the DA who arrested Wallace and charged him with
quadruple homicide for shooting one of the illegals stealing his
trailer while releasing the illegals and initially setting them free.
Only under great public pressure did the DA charge the illegals with a
crime, even though they had been caught and released numerous times
for running running a big fencing and car theft operation for over a
year.
And note that the Latina bail bondsman is gaming the system and gets
her money back when the illegal is flown to Mexico by ICE so he can
change identities and come back and continue his life of crime in
Colorado.
Listen to this morning's Peter Boyles show on http://www.khow.com for
more information on this story. You can download the podcast or listen
to it with streaming audio directly from KHOW. It seems ICE flew the
illegal to El Paso and released him, so he wasn't even sent to Mexico.
http://www.khow.com/pages/boyles.html
Peter started the show talking to Mike Reibau about an update on the
Bobby Wallace story. Fox 31"s Julie Hayden reported "Bobby Wallace
showed up at the Jefferson County Courthouse on Monday expecting
justice. Instead, the 81 year-old found out the illegal immigrant
accused of stealing his trailer is avoiding all felony prosecution and
12 years in prison, because he was flown home to Mexico, courtesy of the
federal government, at taxpayer expense".
You sure about that? Why doesn't the bondsman absorb the cost?
I'm certain of it. The Colorado "lawmakers" passed a law protecting
bail bondsmen from illegals that jump bail.