Posted on 10/30/2006 10:02:04 AM PST by WatchingInAmazement
25-year-old Gabino Gonzalez, courtesy Vanderburgh County jail.
Reporter: Stephanie Silvey New Media Producer: Rachel Chambliss
UPDATE, SAT 4:30 PM: Charges have now been filed in the school bus accident that injured a dozen kids and the bus driver.
Gabino Gonzales is wanted on misdemeanor and felony charges involving driving while intoxicated and damage to school property.
When 14 News reported police did not arrest Gonzalez immediately after the crash Tuesday night, viewers began calling and e-mailing us.
Police say Gonzales was legally drunk when his truck hit the school bus. Police were confident they knew where to find Gonzales, but 14 News went to that address Friday and had no luck.
According to their own police report, Gonzalez listed his address as 1925 Texas Ave. Those living there, however, told us otherwise.
So 14 News reporter Stefanie Silvey went next door where a resident said he was now living and talked to a man who claimed to be Gonzalez's cousin. He said Gonzalez no longer lives with him either.
Police told 14 News on Thursday, Gonzalez had a job and was cooperative, even though, the police report says he is unemployed and "refused to provide proper ID."
Brian Talsma, EPD, defends, "In what he did, everything appeared to be in order. Nothing was an obvious indication that as soon as this gentleman was free, he's going to leave the country."
According to Immigration and Customs Enforcement, there is a database set up specifically to help assist police.
Tim Counts, ICE, says, "We have something called the Law Enforcement Support Center that's staffed 24 hours a day, seven days a week by agents who are able to research our databases, various databases to determine whether somebody is in the country legally or not. And those responses are usually turned around in a one hour period."
But when 14 News asked Talsma if he is aware of the 24 hour a day database that can accessed and find out in an hour whether that person is legal or not, he said he was unfamiliar with it.
"I'm not familiar with that information. No, I am not," says Talsma.
Public Information Officer Brian Talsma says whether Gabino Gonzalez is an illegal immigrant or not should have no bearing on their criminal investigation.
He states, "I think attention has been drawn to him because he is a Hispanic. I think that if this would have been any Tom or Joe, I don't think it would have not drawn as much attention. Although, it is an emotional situation in which these children are injured, the law does not recognize emotion of the incident. A traffic accident involving injury is the same if it involves children or you or I."
Gonzalez was arrested in June for public intoxication and disorderly conduct. At that time, he showed his resident alien card and went to court.
Now, there is a $100,000 cash bond attached to the warrants for his arrest.
Reporter: Stephanie Silvey
New Media Producer: Rachel Beavin
UPDATE, Friday, 6:00 PM: 14 News just learned from the Vanderburgh County Prosecutor's Office that warrants are now being issued for Gabino Gonzalez.
Gonzalez faces three misdemeanor charges relating to driving while intoxicated, but the Vanderburgh County prosecutor is also charging Gonzalez with a felony criminal mischief charge for recklessly causing more than $2500 in damage to school property.
Police told 14 News on Thursday that there is no immediate concern Gonzalez will flee because they have a place of employment and address for him.
According to the police report, Gonzalez listed his address as 1925 Texas Avenue.
Those living there however told us otherwise.
The residents said that Gonzales no longer lived there and may have moved next door.
14 News went next door and talked to a man who claimed to be Gonzalez's cousin. He said Gonzalez's no longer lives with him either.
The police report also says Gonzalez's is unemployed and down in the comments portion it clearly says "refused to provide proper id."
According to Immigration and Customs Enforcement there is a database set up for police officers across the country to check illegal immigrant status.
But public information officer, Brian Talsma says whether Gabino Gonzalez's is an illegal immigrant or not, should have no bearing on their criminal investigation. He says people have every right to be outraged over a drunk driver being on the streets, but that drunk driver's nationality should have no bearing.
It is worth noting that Gabino Gonzalez's was arrested for public intoxication and disorderly conduct in June after police were called to a fight at his home.
Gonzalez was arrested and did cooperate at jail by submitting to fingerprints and providing his resident alien card. He paid his bail, and did appear in court to face his charges.
There is a $100,000 cash bond attached to the warrants currently out for Mr. Gonzalez.
14 News would like to know what you think about this case.
Thirteen students were on the school bus when it collided with a truck. Students were pulled from the backdoor of the bus. Parents were notified to pick their children up at the scene or Deaconess Hospital or St. Mary's Medical Center.
Police say a truck, with two men inside, failed to yield at the intersection of Shadewood and Sweetser.
The driver and passenger were taken to the hospital where doctors are currently testing their blood for alcohol. Police say the men, who are Latino, were unable to communicate their identities or whether they had a valid driver's license.
Amnesty. The gift that just keeps giving.
WTF?Why did this guy get bail in the first place?I'll bet he's already in Mexico.
Good investigative reporting. A few people in the MSM do it right. Someone in the police department should be fired.
But when 14 News asked Talsma if he is aware of the 24 hour a day database that can accessed and find out in an hour whether that person is legal or not, he said he was unfamiliar with it.
"I'm not familiar with that information. No, I am not," I'd prefer to stick my head and the sand" says Talsma.
Like my wife -- often wrong, but never in doubt.
Senor Gonzales is most likely head for Mexichusetts.
"Police told 14 News on Thursday, Gonzalez had a job and was cooperative, even though, the police report says he is unemployed and "refused to provide proper ID."
Brian Talsma, EPD, defends, "In what he did, everything appeared to be in order. Nothing was an obvious indication that as soon as this gentleman was free, he's going to leave the country."
In order? Then why did the police lie to the reporter about him having a job when they clearly knew he was unemployed? And if he was legally drunk and refused to provide proper ID, who let him out of jail?
UNFREEKINGBELIEVABLE
"Police tell 14 News, 25-year-old Gabino Gonzalez faces a long list of charges, including drunk driving and driving without a license; but it may be days or even weeks before he's formally charged and arrested.
The scene of the crash was a parent's worst nightmare, with more than a dozen students and school bus driver taken to the hospital, and the bus itself - lying on its side.
Police say the other driver, Gabino Gonzalez, was most seriously injured in the crash, and spent one night in the hospital.
But, because of that overnight hospital stay, Gonzales won't be arrested until formal charges are cleared through the Vanderburgh County Prosecutor's office.
EPD Sergeant Jeff Wilson says this decision is made on a case-by-case basis. "Depending on the charges, yeah. If it's a more serious offense, then yeah, we'll post an officer there. He'll be under arrest. For something not as serious, we'll file the paperwork with the prosecutor's office and have a warrant issued later on."
Officers tell us, they would've liked to arrest Gonzalez upon his hospital release, but there simply weren't enough resources. "It's just a matter of manpower and being able to put somebody out there to watch. We just don't have that manpower," adds Wilson.
Gonzalez will remain free for weeks or possibly months, until formal charges are filed and the arrest warrant is issued. But, according to Evansville police, Gonzalez would be free on bond by now, even if he were arrested the night of the accident.
Gonzalez's blood-alcohol level was almost four-times the legal limit; he had no insurance and never received a valid driver's license.
But, despite the long list of aggravating factors, police believe Gonzalez will only face misdemeanor charges in the end, because the victims' injuries do not meet the legal threshold of a felony offense.
Sgt. Wilson says their hands are tied. "We were upset. We tried to get the most serious charges we could against him, and the law doesn't allow us to make it more. It'll be a misdemeanor case anyway."
So if you can't fight crime, why do we need you? We should lay you off and retire your pension.
"Amazing", isn't it?
Yes, and it's a good thing I don't live there or one of those my children or I'd be ALL OVER someone's azz. Hopefully residents are.
They knew this man was an illegal- how do I know that? If you or I or any citizen gets drunk and has a wreck with a school bus you can bet we would be in jail and every detail about us would be known before we could hope to get out on bail. That is why I say the police knew he was an illegal; illegals are dealt with differently. They are usually thought of as "not our problem" and I think many times they are released by police hoping they will disappear to somewhere else.
In Maricopa County, AZ there is even a seperate DWI court system set up for minorities; the majority of which are illegals. They get lesser fines, and less jail time than anyone else in the system.
I see this happen over and over; illegals are not treated the same, they are allowed to continue to drive with no ID, and usually no registration or insurance- even repeated DWIs. Usually they do not pay tickets or make their court appearances and it is overlooked.
I hear ya. I read an article a month or so ago, the alien was caught with 2 pounds of pot and they just let him walk. No charge. It was on the west coast. Lots of sanctuary cities, Portland, Seattle, on down the I5 corridor.
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