Undocumented immigrant could go unpunished for DWI

Posted at: 05/15/2013 11:28 PM
Updated at: 05/16/2013 8:47 AM
By: KOB.com staff

A man who admitted to driving drunk and critically injuring a woman may walk free because of his citizenship status.

Javier Cortiz-Aguilar crashed into Claudia Garcia Juarez’s car on I-40 near Carnuel last month. Deputies said he admitted he was driving drunk when he hit Juarez.

Aguilar was released from jail today because he was not indicted within a ten day period, which is the law. District Attorney Kari Brandenburg said the office can’t move forward until they get blood tests back from the state, which can take up to eight weeks.

Brandenburg said until the office has the results, they have nothing to charge him with.

"We have to deal with the limitations that other state agencies have that we depend on for evidence,” she said. “It’s very frustrating.”

For now Aguilar is being held by Immigration and Customs Enforcement (ICE) because he is here illegally. He can only stay in ICE custody for two weeks. If he is not indicted by then he will most likely return to Mexico and live freely.

Brandenburg said Aguilar will probably return to the U.S. though.

"It's terrible, our experience is he'll come back, unfortunately, he'll be back in the states and we'll get him on something else, and then he will be held accountable."