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Report: Illegal accused in death may go free without trial

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    Judge allowing woman to voluntarily deport herself

  • Duration 1:54
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We have got a developing story at Massachusetts today starting to get national attention.

And illegal immigrants stands accused of running down and killing a disabled man -- a crosswalk.

Now the victim's family and others are outraged because this woman may be deported to Guatemala.

A free person.

Without ever standing trial.

Trace Gallagher has more live from our West Coast newsroom -- And -- and police say when 32 year old block -- contreras hit and killed 39 year old Scott console that crosswalk she was doing sixty miles per hour.

In a thirty mile per hour zone.

She fled the scene of the accident was driving without a license in a vehicle that she did not have permission to drive.

In a country that she did not have permission to be it.

Her -- was set at 50000 dollars which she paid in cash she was released from the county jail.

-- and customs enforcement then immediately took her back into custody for immigration violations but now.

An immigration judge is allowing her to voluntarily.

Deport -- self.

The district attorney is appealing so is the Department of Homeland Security.

But it was a criminal court on Monday is willing to hold her without bond.

The federal government's hands are tied they have two choices they can either -- -- back to Guatemala.

Or they can set her free the family of Scott -- -- says and I'm quoting here.

I want him being the judge to explain to me how he can let someone that's facing criminal charges just go home.

I'd like to see her stand trial.

Now we would tell you the reasoning for the immigration judge's decision to let her voluntarily deport herself but we can't -- -- because.

Those documents are not public.

If they don't -- to hold her on Monday without bond she could leave as early as next -- Trace Gallagher thank you.