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Teen killed after illegal immigrant loses control of SUV

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    Legal panel weighs in on case

  • Duration 7:01
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The -- -- is back in session on the docket today the fallout after a sixteen year old girl sitting under a tree with her boyfriend is killed.

When an out of control SUV runs -- over driven by an illegal immigrant.

Two days ago the family of Clarice -- lead her to rest she and her family are legal permanent residents on their way to becoming US citizens.

A process Clarice is mother says will go on despite the horrific circumstances that led to her death.

Here's how witnesses describe what happened.

He does just fine in it it keeps going and it runs over the -- -- her boyfriend -- -- -- way and she was laying it I love to -- -- -- golf under.

The current and I think -- the boyfriend or someone like they -- pulling out under the current.

The driver who lost control of his cars this man fifty years old and in the US illegally for the second time.

He's been kicked out of the country before.

Was arrested quite a few times Minnesota state records show he never held a licensed his lawyer claims he suffered a medical emergency on his way back from work.

What happens to him now joining me now John is -- -- defense attorney a former prosecutor and Mercedes Colin who was a Fox News legal analyst.

So his.

His name is Carlos -- Colorado.

He he came to this country illegally and was ordered deported back in 2001 after being convicted of DW wisely comes into the country breaks our -- DW I.

Gets sent home we did he elects to voluntary -- elite but John up he he sneaks back kid.

And it's not got to hand it to that to the folks in Saint Paul, Minnesota Sanctuary City because it's not -- sneak back -- and -- never come back -- -- police -- he did.

He was arrested a few times -- pulled over.

Found driving without a valid license convicted of that.

They didn't deport him and now he's killed a girl where does that leave.

This case it's bad and infuriating here's the series of illegalities he's living here -- he's working here illegally under a different name.

Driving here illegally and then he ends up taking the life of a sixteen year old -- and what's going to happen to him probably -- is you know we could be deported and we'll never know what happens to mentally comes back in this country again.

More if he's convicted of what he's charged with which is -- vehicular homicide he could get up to ten years here.

In prison but you know it doesn't bring back the sixteen year old girl person Anderson bet on the -- No reason why this judge.

Set they all for this gentleman.

At 100000 dollars -- setting bail for somebody who has been deported from the country.

Who isn't supposed to be here -- had a series of of law enforcement arrests who's now killed a girl.

Well a 100000 dollars at may not be a lot for for some of folks -- thousand dollars for a minimum wager like this -- a lot of money so they expectation was.

By the judge I'm certain they couldn't post bail which is why he would remain in custody.

And that's probably will with a thanking although I'm for the prosecutors said he's a flight risk if -- here legally we don't know where he actually -- reenter the country.

But obviously the judge felt that a 100000 dollars was appropriate given his financial -- -- -- Well you gotta hand it to -- his lawyer John because he's -- -- -- -- said he's true to be as responsible as he could under the circumstances.

Meaning being here illegally he didn't get a driver's license but he didn't get car insurance so we have that.

They claim that it was some medical issue that caused his -- to numb up in many hit the gas instead of the brake and now.

Ironically this girl whose parents immigrated here legally you.

And lose their daughter as -- sitting under a tree waiting for the school bus -- her own business.

Their their only daughter will thank god for one thing thank god for the insurance because in addition to this guy being criminally liable we don't know what's gonna happen to them.

He's also civilly -- it doesn't matter that he had the medical emergency the police reported that he was speeding that's the reckless part of his of his driving it you know in his defense -- -- he could have had an accident whether with a without a driver's license the problem -- he was driving recklessly when he killed -- the Mercedes it.

This is where it's interesting because the defense will argue that he doesn't meet that definition of vehicular -- and it homicide you have to prove that he was driving in a grossly negligent manner.

And if he had some medical ailment that made his -- going nominee and heat this is a tragic accident.

They may not haven't.

You know what's amazing about this too is that whether he's in this country legally or not we'll probably never see the light of day if this goes to trial -- not an issue.

For jurors when it comes to these criminal -- -- left.

This individuals be prosecuted for one of it at the -- and an immigration law but that's what we're dealing with here.

So he may he's going he's not going to be identified as an illegal -- ever want -- -- never get to hear that does not hear it in fact it'll be part of a motion eliminate that I've I've confronted it -- out action exactly.

So an Indian semester with a -- -- -- -- know that.

And secondly unless there and let this emotion about credibility but that's going to be to prejudice was not going to be her manager and historic but the gross negligence is really key because if this does -- this is a medical emergency with.

Obviously defense attorneys say this is something that came out completely out of the blue he has no he had one random numbness.

Months and months and months ago said he had no way of knowing that the numbness would return and that he would have lose control the car.

You may actually walk -- these certain.

John -- if he would if he walks.

That -- this is a Sanctuary City.

So does that mean the policy is that the cops don't refer that the folks dude I -- ice and so.

Now -- I mean even even a bottom is ration which is prioritizing its deportations and -- -- it says we -- some stuff going after felons and and serious lawbreakers.

And so it but if this guy.

Gets acquitted.

It's does he qualify and even if he does qualify and the bottom ministries -- -- -- does does the city refer him for prosecution given that it's a Sanctuary City.

He this city probably won't refer him but ice -- -- on.

Ice is radar because of that and that when you're talking about the bailout even if you post it Megan ice would take over from -- he -- he will not get out of the -- so he's on the radar.

And they'll do with them what they want the city doesn't think where C doesn't have to refer him at this point to maybe there might be some justice there even if you more -- have a.

Time is he facing imprisonment if he does get convicted on -- charge up to ten years yeah that is that realistic giving a prior given a prior conviction of do you -- which as far as we know.

That -- -- you know driving without a valid license -- those nearly criminal.

Violations we know of in terms of convictions right.

And they've -- is exactly right at some point -- going authorities -- to step in and deport him if he's convicted he's out of the country ten years after he serves his time.

You can get to ten years as for girl you know -- Trapp family.

As you say that that they immigrated from Ethiopia this is the only child of this mother who just went in the mustered the strength to go to the spot she was killed and placed her hands on the soil.

And said here for her this -- -- about illegal immigration and so on it's just about.

Who took her daughter when and why -- thank you the best thing again.

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