Suspect in Mesa QT killing faced deportation proceedings

[LostInAK 43]

The man accused of gunning down a Mesa convenience-store clerk over a pack of cigarettes was facing deportation proceedings but had been released from federal custody on bond, authorities said Monday.

Federal immigration authorities launched the proceedings two years ago against Apolinar Altamirano, but he was released on a $10,000 bond shortly after his conviction on a burglary charge.

While Altamirano, 29, was out of custody, two injunctions against harassment were issued against him by a Mesa Municipal Court judge. "I am in fear for my life," one woman wrote, adding that Altamirano had threatened to kill her "plenty of times" and pointed a gun at her boyfriend, according to court records.

The latest order was served on Altamirano on Jan. 19. Three days later, he was accused of first-degree murder in the slaying of Grant Ronnebeck, 21, a Quik Trip clerk who was shot to death after Altamirano dumped a jar of change on a counter at 4 a.m. and demanded a pack of cigarettes.

Ronnebeck initially told Altamirano that he needed to give Ronnebeck the money before he could give him the cigarettes, but Altamirano responded, "You're not gonna take my money," and pointed a gun at the clerk, the document said.

Ronnebeck was handing over the cigarettes to Altamirano when a surveillance video captured Altamirano fatally shooting him and later stepping over his body to grab two packs of cigarettes, according to the court document. Police say they found the cigarettes when they took Altamirano into custody after a high-speed chase at 19th Avenue and Buckeye Road in Phoenix.

In statement released Monday, U.S. Immigration and Customs Enforcement acknowledged that Maricopa County Superior Court had informed the agency about Altamirano, that he had been taken into custody and was released pending the outcome of his case in immigration court.

Altamirano had pleaded guilty in 2012 to a reduced charge of facilitation to commit burglary and placed on two years of supervised probation, even though he had claimed ties to the Mexican Mafia after entering a woman's apartment in Mesa after Mesa police had arrested her boyfriend on drug charges, court records show.

"U.S. Immigration and Customs Enforcement (ICE) assumed custody of Mr. Altamirano on January 3, 2013, following his conviction by the Superior Court of Arizona, Maricopa County, for Facilitation of Burglary in the Second Degree," the ICE statement said.

"After reviewing his immigration and criminal history, which showed only this conviction, ICE determined that under applicable law, Mr. Altamirano was eligible for bond. Mr. Altamirano posted a $10,000 bond on January 7, 2013. Mr. Altamirano's removal case was still pending with the immigration courts at the time of his most recent arrest."

Liz Chatham, former chairwoman of the Arizona Chapter of American Immigration Attorneys, said she does not specialize in deportation law, "but generally speaking, yes, there is an incredible backlog in the immigration courts."

She said it is not unusual for an immigrant accused of being in the U.S. illegally to wait two or three years for a hearing. She noted that the bond in Altamirano's immigration case is very high, likely because of his prior conviction.

Jessica Vaughan, director of policy studies for the Center for Immigration Studies, said the case is an example of an Obama administration policy where ICE sets a very high standard for which undocumented immigrants are held in custody and is more apt to release people awaiting immigration court hearings.

"There's no logical reason for ICE to let people like that out of custody instead of sending them home," Vaughan said. "If they had kept him in custody they could have deported him much for efficiently."

By releasing convicted felons like Altamirano, "they are playing Russian roulette with public safety," she said.

Jerry Cobb, a spokesman for the Maricopa County Attorney's Office, said he cannot respond to questions regarding Altamirano because his murder case is pending prosecution.

"In the overwhelming majority of cases involving a first-time non-violent felony or even a second non-violent felony, it is very rare for a defendant to receive a prison or jail sentence," Cobb said.

A presentence report in the 2012 burglary case said Altamirano was born in Mexico and came to the U.S. when he was 14 years old. It said he had been married to the co-defendant in the burglary for nine years and they had two children. It also said Altamirano never attended school in the U.S. and the highest grade he completed in school was fifth. He had been working as a landscaper prior to his arrest.

A probation officer recommended supervised probation but not jail time, even though she expressed concern about Altamirano's "possible involvement with drug sales."

She wrote, "He is also in the United States illegally and he is involved in criminal activity."

http://www.azcentral.com/story/news/local/mesa/2015/01/27/mesa-qt-killing-suspect-subject-deportation-proceedings/22383351/

[Darnell 8,478]

Oh Man ! Obama ! [i claim it's his fault]

[elmcitymaven 9,712]

Are you willing to spend more by way of tax dollars on improving the immigration court system? It's been woefully underfunded for years, which has led to unconscionable delays. Had there been a hearing closer to when he was released on bond, he might have been deported.

[I AM NOT THAT GUY 5,715]

Maybe they can expedite the process by just parking the airport shuttle behind the courthouse.

[I AM NOT THAT GUY 5,715]

Had there been a hearing closer to when he was released on bond, he might have been deported.

It would have been nice, however, you know, and I know, that clients foolishly request long dates and continuances, hoping the problem will magically just go away. Wouldn't it be great if the entire process through appeals could be handled same day, or next day, once the client is in custody?

Edited January 28, 2015 by I AM NOT THAT GUY

[Darnell 8,478]

Are you willing to spend more by way of tax dollars on improving the immigration court system? It's been woefully underfunded for years, which has led to unconscionable delays. Had there been a hearing closer to when he was released on bond, he might have been deported.

Me? Yes !

Where's the tax revenue come from?

the USCitizens tax on wages, those fellas working again in the construction trade, after the illegal aliens get sent back.

So there !

[Umka36 781]

Might as well bill the embassy of the country of the illegal immigrant. The US residents always end up getting stuck with the bill, and our system always get the blame not the illegal immigrants fault right?

[elmcitymaven 9,712]

It would have been nice, however, you know, and I know, that clients foolishly request long dates and continuances, hoping the problem will magically just go away. Wouldn't it be great if the entire process through appeals could be handled same day, or next day, once the client is in custody?

Not really, though I do think speedier justice is warranted pretty much everywhere. As a fellow CA resident, I'm sure you're aware of the staggering cuts that were made to the civil justice system at the state level in 2013. It's a total disaster -- in LA Superior Court, you only get a court reporter if you make private arrangements now, hearing dates are regularly set six months or more out, and things drag on and on regardless of the parties' desires. But many times requesting long continuances is actually in furtherance of justice, because it gives the parties more room to seek settlement, as opposed to using the courts' resources.

[I AM NOT THAT GUY 5,715]

Not really, though I do think speedier justice is warranted pretty much everywhere. As a fellow CA resident, I'm sure you're aware of the staggering cuts that were made to the civil justice system at the state level in 2013. It's a total disaster -- in LA Superior Court, you only get a court reporter if you make private arrangements now, hearing dates are regularly set six months or more out, and things drag on and on regardless of the parties' desires. But many times requesting long continuances is actually in furtherance of justice, because it gives the parties more room to seek settlement, as opposed to using the courts' resources.

For civil cases, deep pocket defendants do try to extend the process intentionally, hoping the plaintiff will either loose interest or no longer have the means to continue an action. On the same note, class action suits often provide the means to pursue such deep pocket defendants, yet at the end, only the lawyers and perhaps a few of the primary clients receive adequate compensation when the case is finally settled, while the large majority of class members receive nominal compensation in the form of a coupon or check.

[I AM NOT THAT GUY 5,715]

. As a fellow CA resident, I'm sure you're aware of the staggering cuts that were made to the civil justice system at the state level in 2013. It's a total disaster -- in LA Superior Court, you only get a court reporter if you make private arrangements now, hearing dates are regularly set six months or more out, and things drag on and on regardless of the parties' desires.

It has been a long time since I dealt with the courts in LA county. I do remember those courts as being overwhelming monsters difficult for the uninitiated to navigate. The court is a little friendlier up here, and lucky for me, other than sitting in the jury room for half a day once a year waiting to be assigned to a trial, I have managed to mostly avoid the courtroom.

I thought the Superior Courts were financed by the county in which they reside. I know at least here, the court charges the court costs to the agency or plaintiff that filed the action, and then may assess some of that cost to the defendant should he not be exonerated.

Edited January 29, 2015 by I AM NOT THAT GUY

[I AM NOT THAT GUY 5,715]

The Evolution of Trial Court Funding

In 1997, to establish greater funding stability, the state took control of trial court funding (traditionally a county responsibility).

Ah, okay. Things change, Never mind.

Mischief is afoot!

[VOL 425]

Are you willing to spend more by way of tax dollars on improving the immigration court system? It's been woefully underfunded for years, which has led to unconscionable delays. Had there been a hearing closer to when he was released on bond, he might have been deported.

Just put a bounty on illegal aliens in USA.

Other countries offer monetary rewards to turn in overstays / illegals in their country

[LibCampFireClub 635]

Maybe they can expedite the process by just parking the airport shuttle behind the courthouse.

They do have a shuttle bus parked there, but it's taking them to the front of the immigration, food stamp, and free-ride on working American taxpayer's dime.

[elmcitymaven 9,712]

Just put a bounty on illegal aliens in USA.

Other countries offer monetary rewards to turn in overstays / illegals in their country

How would you determine that someone was not here legally? As private citizens, we have no right to demand the status of others. Do you propose that employers turn employees and applicants in? Because many seem pretty hesitant to let go of their undocumented workers.

They do have a shuttle bus parked there, but it's taking them to the front of the immigration, food stamp, and free-ride on working American taxpayer's dime.

How is one brought to the front of a dime?

[LibCampFireClub 635]

How is one brought to the front of a dime?

You can't get there from here. It's done via the 0bozo express.

Edited January 29, 2015 by ExExpat