Suspect in fatal crash had 3 DWI convictions

[peejay 327]

The remedy to this is to determine the immigration status of every prisoner booked through the jail. Many cities already do this, but Houston only does this with felonies. In the past it didn't even check the status of felony prisoners.

Suspect in fatal crash had 3 DWI convictions

By CINDY HORSWELL

2007 Houston Chronicle

Before being charged with killing a Porter woman and her pregnant daughter in a crash Sunday, Ignacio Gomez-Gutierrez had been convicted three times for drunken driving in Harris County, court records show.

His third DWI arrest, which would normally become a felony, was reduced to a misdemeanor, a move the mayor's crime victims advocate calls a "pivotal moment" that ultimately led to the deaths of Maria Ortiz, 49, and her 18-year-old daughter, Vanessa, who was five months pregnant.

Records also show Gomez-Gutierrez, an illegal immigrant from Mexico, was never deported after serving his time in jail in 2002, 2004 and 2005.

The victims' family members and others say Gomez-Gutierrez should never have been back on the road in the first place.

"We are so angry," said Sylvia Flores, 28, whose mother and younger sister died in the accident. "If everyone had done what they were supposed to do, they would still be alive. I don't want (Gomez-Gutierrez) to slip through the cracks again. He's just been given a slap on the wrist. No wonder he did it again."

Records show Gomez-Gutierrez spent 26 days in the county jail for the first drunken driving conviction, three days for the second incident and six months for the third.

While the first two convictions were for misdemeanor drunk driving charges, by law, the third was elevated to a third-degree felony.

'System' criticized

As Gomez-Gutierrez sits in Harris County jail awaiting trial on two counts of intoxication manslaughter and one count of failure to stop and render aid, one advocate said he hopes justice is finally served.

"Things like this should be taken more seriously. You are allowing someone to drive with a 6,000-pound weapon," said Andy Kahan, crime victims' director for Mayor Bill White. "The system was allowing (Gomez-Gutierrez) to be punted, passed and kicked out to do what he did best — drive drunk."

Assistant Harris County District Attorney Traci Bennett could not be reached for comment as to why the plea arrangement was made to reduce the third drunken driving case from a felony to a misdemeanor in 185th State District Court. Colleen Barnett and Donna Goode, who have supervised her, said they did not have access to her files and could not comment.

Illegal crossing

Luisa Deason, U.S. Immigration and Customs Enforcement spokeswoman in Houston, said files are still being reviewed to determine if local law enforcement ever notified the federal agency about Gomez-Gutierrez's convictions before releasing him from jail.

Investigators have determined that Gomez-Gutierrez entered the United States illegally in Hidalgo, Texas, on May 1, 2001. He has not returned to Mexico since.

Deason said efforts to detain illegal immigrants who have committed minor crimes — not categorized as felonies — have improved since September. "We have more federal officers stationed at the jail keeping track of who is there," she said.

She said she could not say for certain what happened in this incident. In the past, however, more priority has been given to illegal immigrants who are violent gang members or who have committed felonies, Deason said.

Women killed on impact

According to the investigating Houston police officer, Javier Calvillo, Gomez-Gutierrez's blood alcohol was about three times the legal limit.

Police say he was speeding on the Eastex Freeway about 3:40 p.m. Sunday when his pickup slammed into the back of a 1998 Buick belonging to the Ortiz family. The two women were killed on impact near the entrance to Kingwood, investigators said.

Gomez-Gutierrez did not stop at the accident scene, authorities said, but was captured farther down the road after being struck by another vehicle when he fled from his disabled car. Gomez-Gutierrez, who wasn't injured in the crash, kept running until a bystander pinned him down about a mile east of the accident, authorities said.

The Ortiz family lives in the 18000 block of Ferney Lane. Neighbor Heather Petty said the Ortizes moved to the east Montgomery County neighborhood about three years ago. Petty said Maria Ortiz and her husband were ''nice people" and that she had given the couple furniture for their mobile home.

Chronicle reporter Renee C. Lee contributed to this report.

http://www.chron.com/disp/story.mpl/front/4667218.html

[Hilarious Clinton 452]

Crying shame.

[Otto 83]

How many times does this have to happen? Wasn't there a senator that had previous DUIs when he killed a guy on a motorcycle not all to long ago?

[brnidokiegurl 1]

We had a crash here i think yesterday or the day before, illegal immigrant was found driving with no license collided with a train. He survived but one person riding in the car was killed. Anyone that wants to drive will no matter if they have the license or not, dui's,young, old, no insurance, just to lazy to get one, venture to guess how many are out there driving everyday......

Alot of time if the charges start in different counties within a state they will never check from one to the other.

[AnaAndDaniel 0]

over here, a political appointee of Guv Arnold struck and killed 3 adults and a a child whilst DUI.

this happened two nights ago.

dayum drunk drivers.

Daniel

:energetic:

[Robor007 0]

To me this article reads like the fact that the guy was illegal was more a factor than his DUI's. There's plenty of illegal immigrants that don't drive drunk and are not in jail and there's plenty of US citizens that do and are. It's a tragedy his actions resulted in the deaths but it's no different than the convicted killer or child molester released to repeat their crime.

[Hilarious Clinton 452]

How many times does this have to happen? Wasn't there a senator that had previous DUIs when he killed a guy on a motorcycle not all to long ago?

You're thinking of the Kennedy's. Who will that wacky family kill next?

[peejay 327]

over here, a political appointee of Guv Arnold struck and killed 3 adults and a a child whilst DUI.

this happened two nights ago.

dayum drunk drivers.

Daniel

:energetic:

I think you are missing the whole point of the article. The multiple DWI convictions and incarcerations is bad enough. The fact that the individual is an illegal alien criminal and was released repeatedly by local authorities is outrageous. They had 3 chances to deport this guy after he served time. That is malfeasance.

The sad fact is that Houston is a "Sanctuary City" for illegal aliens. Until a recently the police were forbidden by city policy from inquiring the legal status of arrested criminals in custody of police. While the situation has improved some in Houston, it is still a "Sanctuary City" even though the mayor and police chief deny it.

[Peikko 1,575]

Drunk driving is about as stupid a thing to do as is possible. Very sad consequences as often is the case.

[almaty 19]

Drunk driving is about as stupid a thing to do as is possible. Very sad consequences as often is the case.

i agree..had a inmate in prison in my program..he wiped out a family of 6 one night

[Robor007 0]

I think you are missing the whole point of the article. The multiple DWI convictions and incarcerations is bad enough. The fact that the individual is an illegal alien criminal and was released repeatedly by local authorities is outrageous. They had 3 chances to deport this guy after he served time. That is malfeasance.

The sad fact is that Houston is a "Sanctuary City" for illegal aliens. Until a recently the police were forbidden by city policy from inquiring the legal status of arrested criminals in custody of police. While the situation has improved some in Houston, it is still a "Sanctuary City" even though the mayor and police chief deny it.

Why is his illegal status more important than the fact that he's 3 times DUI and killed people in the process? What about the non-illegal immigrant repeat DUI drivers who are able to rack up one DUI offense after another until they kill someone? Sure the guy shouldn't have been in the US to be able to commit this crime but he's just one of many repeat DUI offenders and *that* is the problem.

[AnaAndDaniel 0]

over here, a political appointee of Guv Arnold struck and killed 3 adults and a a child whilst DUI.

this happened two nights ago.

dayum drunk drivers.

Daniel

:energetic:

I think you are missing the whole point of the article. The multiple DWI convictions and incarcerations is bad enough. The fact that the individual is an illegal alien criminal and was released repeatedly by local authorities is outrageous. They had 3 chances to deport this guy after he served time. That is malfeasance.

The sad fact is that Houston is a "Sanctuary City" for illegal aliens. Until a recently the police were forbidden by city policy from inquiring the legal status of arrested criminals in custody of police. While the situation has improved some in Houston, it is still a "Sanctuary City" even though the mayor and police chief deny it.

peejay,

I did not miss the point of the article. this is classic peejay posting. your outrage is at the fact that an illegal alien committed this crime.

My outrage is that this crime happened. In my book, killing ppl trumps being an illegal. By far.

I guess we have different priorities.

Daniel

:energetic:

[almaty 19]

over here, a political appointee of Guv Arnold struck and killed 3 adults and a a child whilst DUI.

this happened two nights ago.

dayum drunk drivers.

Daniel

:energetic:

I think you are missing the whole point of the article. The multiple DWI convictions and incarcerations is bad enough. The fact that the individual is an illegal alien criminal and was released repeatedly by local authorities is outrageous. They had 3 chances to deport this guy after he served time. That is malfeasance.

The sad fact is that Houston is a "Sanctuary City" for illegal aliens. Until a recently the police were forbidden by city policy from inquiring the legal status of arrested criminals in custody of police. While the situation has improved some in Houston, it is still a "Sanctuary City" even though the mayor and police chief deny it.

peejay,

I did not miss the point of the article. this is classic peejay posting. your outrage is at the fact that an illegal alien committed this crime.

My outrage is that this crime happened. In my book, killing ppl trumps being an illegal. By far.

I guess we have different priorities.

Daniel

:energetic:

pwned by daniel-san

[brnidokiegurl 1]

This is just a case of "double trouble" being able to be a repeat offender(weather legal or not) and his status could have been found during the first arrest and taken care of, he just fell thru the ever increasing crack of justice.

Edited March 28, 2007 by brnidokiegurl

[peejay 327]

Why is his illegal status more important than the fact that he's 3 times DUI and killed people in the process? What about the non-illegal immigrant repeat DUI drivers who are able to rack up one DUI offense after another until they kill someone? Sure the guy shouldn't have been in the US to be able to commit this crime but he's just one of many repeat DUI offenders and *that* is the problem.

Where did I say it was more important? The point I'm making is that my city/county/state is incompetent on several issues. I have no idea where you live, but the illegal alien angle is all too prevelant in my city because 10+% of the population is illegal aliens. They have no right to be in this country and when they pass through the system as criminals (felony or not) they should be deported. These people would be alive today if this creep was deported after his first arrest, but instead the mayor tied the hands of the police and forbid them from inquiring about his immigration status (which was illegal alien). That is retarded. He probably has a criminal history in Mexico too.

peejay,

I did not miss the point of the article. this is classic peejay posting. your outrage is at the fact that an illegal alien committed this crime.

My outrage is that this crime happened. In my book, killing ppl trumps being an illegal. By far.

I guess we have different priorities.

Daniel

:energetic:

This is classic Daniel...putting words in other people's mouth and putting your own deceptive spin on the issue. What I really said...these people would be alive today if this stupid sanctuary policy was not in place to forbidding the police from protecting the public. We have enough criminals in our country without importing more. Homegrown criminals eventually get returned to our communities (whether we like it or not)...illegal aliens do not have to be released into our community. These deaths were preventable and the sanctuary policy is to blame. The police should not be prevented from using every legal means to protect the public.

pwned by daniel-san

I don't see it.

__________________________________________________________________________

Here is a policy that is the exact opposite of a sanctuary policy. Judge for yourself which one protects the American public more. One that releases alien criminals back into our American communities or deports them back to their own country where they are the responsibility of their own government and people to deal with?

http://www.nashvillecitypaper.com/index.cf...p;news_id=55346

Nashville has the right idea! We need more Nashville and less Houston in American government.