Immigrant in crash poses dilemma

The suspect in a fatal Durham crash was in the country illegally, federal officials say

DURHAM -- The man accused of killing a Raleigh musician in a wreck Sunday morning has been identified by federal authorities as an illegal immigrant, which could force officials to make a difficult decision.

Carlos Gonzalez Hernandez, 36, remained in Durham County jail Thursday charged with felony death by vehicle in the wreck that killed Sue Williamson, 54, and injured her husband, Tom, on Sunday morning on U.S. 70. Police said Gonzalez Hernandez had a blood-alcohol level of .17 after the crash.

It was the second deadly collision in North Carolina involving an illegal immigrant in two weeks.

Bail for Gonzalez Hernandez was set at $100,000. If he puts up bail, Immigration and Customs Enforcement officials will have 48 hours to decide whether to put him in federal custody and begin deportation proceedings or let him go and deal with immigration issues after any criminal case is resolved.

Agents frequently face a dilemma in deciding whether to detain illegal immigrants out on bail, said Tom O'Connell, resident agent in charge for the ICE office in Cary.

If they detain a suspect and begin deportation proceedings, the person could be deported before standing trial, O'Connell said.

If agents waive detention, the person could flee or commit other crimes, he said.

"We want [that person] to do time for the crime he did first," O'Connell said.

"What happens when I lift the detainer and next weekend he does the same thing and I knew he allegedly killed people before?" O'Connell said. "There's some liability issues there."

Though it can be a risk, O'Connell said Gonzalez Hernandez, who came to the United States from Mexico via Brownsville, Texas, in 1999, likely would be detained if he posts bond.

Agents face a similar decision in a wreck near Sanford on Oct. 27. Pastor Rios Sanchez, 55, was charged with killing two N.C. State University students and a 16-year-old boy in a head-on collision near Sanford. Sanchez is charged with three counts of involuntary manslaughter and driving while intoxicated. He is being held in the Lee County jail with his bail set at $75,000.

O'Connell determined that Sanchez, too, is in the country illegally, and ICE agents will face another conundrum if he bails out of jail.