Posted on 05/17/2007 8:33:18 AM PDT by milwguy
A Kenosha County Sheriff's deputy died after being shot while conducting a traffic stop in the Town of Somers overnight.
A suspect was captured about three hours after last night's shooting and remains in custody today.
According to the Kenosha County Sheriff's Department:
The deputy, whose identity has not yet been released, stopped a red 1995 Chevy Astro van for a traffic violation in a subdivision just south of Highway E and east of Highway 31 when he was shot about 11:37 p.m.
A backup officer arrived and called in that the deputy was down.
The deputy was rushed to an area hospital, where he died.
After the shooting, the suspect's vehicle remained at the scene and he was believed to have fled on foot.
(Excerpt) Read more at jsonline.com ...
Regardless, this is just a horrible, senseless crime, and it makes me ill to think that it happened so close to home. My prayers go out to the victim's family.
Deputy fatally shot during traffic stop
'Deputy Frank Fabiano Jr., an 18-year veteran, was conducting a traffic stop of a 1995 Chevrolet Astro van near the University of Wisconsin-Parkside campus just before midnight Wednesday when he was shot once in the face after he and the suspect both exited their vehicles'
'The suspect had five different Social Security numbers in his possession when he was arrested, the sheriff said, adding he did not know whether the man was a legal resident of the United States.'
'Wednesday's incident was not the first time Fabiano, a Marine veteran, had been shot at, the sheriff said. The deputy was wounded in the hand by flying debris in 1991 after a bullet fired from a rifle in his direction struck a spotlight while he responded to a domestic dispute'
'Fabiano was given a Purple Heart for that incident and also a Silver Star for rescuing a woman from a burning building the same year'
'WLIP has uncovered two of Lopez' alternate names including "Lopez Ezequiel" and "Ezekiel Lopez-Acunz". His court record indicates prior convictions on battery and disorderly-conduct charges.'
'Residents were asked to secure their homes and remain indoors during the search'
'Deputy Fabiano was married with a seven-year-old daughter. He had preferred the overnight shift in order to enjoy golfing, a favorite pastime. Sheriff David Beth said of Deputy Fabiano at the press conference "He was that dependable guy who would never let you down."'
Criminal Complaint:
http://www.kenoshanews.com/media/downloads/fabiano_complaint.pdf
Shooter was drunk, had recently purchased a handgun from a gang member, had used $200 worth of cocaine, was angry because he believed his wife was having an affair and shot the officer because he believed he was being stopped for a hit and run which he wasn’t quite sure had happened.
Read the report, it’s a doozy.
Why An Alleged Cop Killer Was Never Sent Home
By Brent Killackey and Janine Anderson
Editors, The Journal Times [Racine, WI]
May 21, 2007
The man charged with killing Kenosha County Sheriff's Deputy Frank Fabiano Jr. was in this country illegally and had previous contact with law enforcement, but none of the various law enforcement agencies either knew he was illegal or contacted immigration enforcement officials until his most recent arrest.
Kenosha County District Attorney Robert Zapf said the Department of Corrections provided the information that Ezeiquiel Lopez, 44, of Kenosha was an illegal immigrant. Lopez was under DOC supervision while he was on probation for 2005 and 2006 battery and domestic violence offenses in Kenosha County.
Lopez is being held in the Racine County Jail on $1 million bail. He appeared in Kenosha County Circuit Court on Friday. If convicted, he will be sentenced to life in prison.
Immigration and Customs Enforcement placed a "hold status" on Lopez on Thursday, Zapf said. That ensures he will be turned over to immigration enforcement officials after any criminal proceedings and sentences have been completed, according to an ICE spokesperson.
ICE had no record of having contact with Lopez or any law enforcement referrals regarding Lopez.
Lopez's previous criminal convictions in Kenosha County involved misdemeanor offenses of battery and domestic violence — offenses which Zapf said he believed would have qualified for a removal action.
John Dipko, spokesman for the DOC, said the agency does refer illegal immigrants to federal authorities, but only when the person is convicted of a serious crime. Otherwise, he said, ICE is generally not interested in pursuing the case.
"Federal authorities put higher priority on felony incidents," Dipko said. "They do not pursue deportation for misdemeanors, except for misdemeanors involving sex crimes."
He was unable to say Monday exactly when the DOC learned Lopez was an illegal immigrant.
According to online court records, Lopez has been under DOC supervision since November 2005, when he was sentenced to 18 months probation with 30 days work release after a Kenosha County conviction for battery and disorderly conduct.
The probation was revoked in March 2006, after he was convicted on another battery charge. He received nine months in jail for his revoked probation. The second battery conviction earned him two years probation, consecutive to the other sentence.
Zapf said there's no indication his office or Kenosha County law enforcement agencies were aware of Lopez's illegal status.
Informing immigration enforcement officials of potential illegal immigrants after conviction hasn't been a priority for Kenosha County prosecutors, who put that responsibility on Department of Corrections officials.
The DOC said they do not routinely refer people convicted of misdemeanors to immigration, because they have learned ICE does not pursue those cases.
Burlington Police Chief David J. Walsh said his department has contacted immigration officials on suspected illegal immigrants in the past and were "blown off a couple of times" and told to "just let them go."
Those experiences, plus the need to use limited resources elsewhere, has kept contacting immigration officials from becoming a normal part of their police procedures.
Walsh said the incident in Kenosha, however, will probably prompt a follow-up with immigration officials.
County prosecutors generally don't get involved in deportation matters because that's a federal issue and not part of their jurisdiction. There doesn't appear to be any requirement that local or state authorities contact immigration enforcement officials.
"It has not been our practice in Kenosha County, based on my predecessor or to my knowledge, that we have a hotline or 'red phone' to immigration," Zapf said.
Additionally, it is also not always easy to tell if a person is an illegal immigrant, Zapf said.
"Even as we're speaking, I'm still have difficulty confirming his correct name," he said of Lopez.
Lopez also is known by a number of aliases, including Ezeiquiel Acuna, Ezeiquiel Acunez-Lopez, Lopez Ezequiel, Ezeiquiel Lopez-Acuna and Ezequiel Quintero, according to a criminal complaint.
Lopez has criminal records in several other states as well, and ICE officials maintain no one had ever contacted them about him.
An FBI records check showed Lopez had a criminal record in three states besides Wisconsin, Zapf said.
In June 2003, Lopez was convicted in Texas of unlawfully carrying a weapon.
In September 2003, Lopez was convicted in Missouri of operating while intoxicated.
In 2001, Lopez was convicted in Utah of lewdness.
Lopez's status as an illegal immigrant doesn't change the prosecution of the murder case, Zapf said.
"There's not a greater penalty to be applied or a different kind of prosecution," Zapf said. "The law is applied to all individuals across the board."
In Racine County, the District Attorney's Office makes it a practice to report illegal immigrants to ICE.
"If we become aware of that information ... we contact the INS (now known as ICE)," said Deputy District Attorney Richard Chiapete. "Whatever they do with it is out of our control."
Chiapete said they don't contact ICE on a hunch — they need some type of documentation or information the individual is an illegal immigrant.
Lt. John Hanrahan of the Racine County Sheriff's Department said ICE is notified anytime the Sheriff's Department suspects someone is an illegal immigrant.
"We contact them and they make the determination if they are illegal," Hanrahan said.
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