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Suspect in triple fatal wreck under immigration detainer

Posted May 28, 2008

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— A man accused of drunken-driving in oncoming traffic and causing a triple fatal wreck Sunday was placed under an immigration detainer at the time of his arrest, the Wake County Sheriff's Office said Wednesday.

U.S. Immigration and Customs Enforcement placed the detainer on Francisco Javier Martinez, 30, of 1925 Village Squire Circle in Knightdale, following his release Tuesday from WakeMed, where he was recovering from his injuries.

At that time, he was arrested and charged with one count of driving while impaired, three counts of felony death by motor vehicle, two counts of felony serious injury by motor vehicle, one count of driving the wrong direction and one count of driving without a license.

The detainer means Martinez would be placed in federal custody if he posts bail, under suspicion of being in the country illegally. Once the case goes through the legal system and any sentence is served, deportation proceedings would begin against him.

Martinez was traveling westbound in an eastbound lane on the inner loop of Interstate 440 early Sunday when the van he was driving collided with a Lexus near the on-ramp from Capital Boulevard, police said.

Guillermo Zintzun Jimenez, 26, Dagoberto Zintzun Jimenez, 21, and Santiago Pascual Tellez, 14, died at the scene.

During Martinez's first court appearance Wednesday afternoon, a judge ordered he be held under a $500,000 secured bond – an increase from $126,000.

Assistant District Attorney Tom Ford asked the bond to be doubled in light of the ICE detainer and because Martinez could be indicted on more serious charges.

Under the charges he faces now, Martinez could receive a maximum sentence of 59 months for each death charge.

Family members of the victims said they were returning from a party at the time of the wreck.
Tellez, a student at East Wake Middle School, was supposed to return home earlier with his brother but wasn't ready to leave the party when his brother did, relatives said.

A police report on the collision stated Guillermo Jimenez, who was driving the Lexus, had not been drinking. Dagoberto Jimenez and Tellez were not wearing seat belts, police said.

Two other passengers – brothers Jose Canuto Canuto, 24, and Louis Alberto Canuto, 21– survived. They were both at home Wednesday recovering from their injuries.

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  • LambeauSouth May 29, 2008

    This man is an illegal immigrant; do not characterize his deviance of USA immigration law (which is a misdemeanor, btw, hardly grounds for the death penalty many of you propose) with ALL Hispanics or Latinos.

    WRONG, They do not deport for misdemeanor
    iTS A FEDERAL LAW, CHECK THE NEW ICE LAWS AND HOMELAND SECURITY

  • imback May 28, 2008

    Oh, if you dont believe me:
    http://www.census.gov/ipc/www/usinterimproj/natprojtab01a.pdf

  • imback May 28, 2008

    "The fact is, you're going to have to learn to be PC and learn when to use these terms in their proper context when the minority becomes the majority within the next 20 years"

    Um, no. Whites will be about half the population in 2050, not 20 years from now . ( You know what year it is right?) You are forgetting, that almost half the Hispanics indentify themselves as white on the Census, so in reality whites will consititute 72% of the pop in 2050. I guess that pops your racial bubble huh?

  • kcs May 28, 2008

    As the daughter of an immigrant to this country (she entered the country legally and applied for and got her US Citizenship), I can honestly say that anyone who starts their life in this country by breaking the laws put in place to keep us safe has no rights under the US Constitution. I don't want my taxpayer money to go to this man’s trial. I don't want to pay the prosecutor’s office, the court appointed attorney or his prison bill is immigration status should be determined now, before trial and if he is illegal send him home. Period. No questions asked. He denied himself the rights of our country by NOT following our immigration laws

  • Alert5 May 28, 2008

    monsaroe

    Take your head out of your Liberal sand. What part of Latino don't you understand! Better yet, what part of "Status Undetermined" don't you understand.

    I think we should have a "Law and Order Jack McCoy" as our next district atty. It's obvious he's oblivious and clueless as well.

  • ifcdirector May 28, 2008

    59 months per charge for killing people while drunk? I think it's time that Wake County got a new District Attorney.

  • monsaroe May 28, 2008

    Fellow Angry Citizens,

    Although I have no argument that this act was deplorable and that illegal immigration in our country needs to be addressed by someone willing to make change, I implore you to consider your choice of adjectives to describe this man. "Hispanic" and "Latino" address the fastest-growing population in the USA and do not generally refer to someone's status as an immigrant, illegal or not. The fact is, you're going to have to learn to be PC and learn when to use these terms in their proper context when the minority becomes the majority within the next 20 years. There are millions of 5th, 8th, 10th generation AMERICAN-BORN CITIZENS with self-described "Hispanic" or "Latino" backgrounds.

    This man is an illegal immigrant; do not characterize his deviance of USA immigration law (which is a misdemeanor, btw, hardly grounds for the death penalty many of you propose) with ALL Hispanics or Latinos.

  • imback May 28, 2008

    Had enough of this yet?
    I know I have.

  • rushbot May 28, 2008

    Is it not wonderful to beliving in a multi-cultural society. Do you not love all that immigrants bring to our community? Does anybody know if chain-gangs have been found to be cruel and illegal punishment or just economically impractical?

  • teacher-mom May 28, 2008

    I have news for some of you; not all people who get DWIs are poor. Look at Ted Kennedy. Just last week a woman who works for the Attorney General's Office got one. Let's see, didn't a senator or congressman get one in the Washington, DC area get one about a month ago while he was going to visit his illegitimate daughter? I think we would all be afraid if we knew how many "impaired" drivers wer on the roads. Be afraid.

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