Maybe the math makes sense in California. Eight people (two dead) who had their lives changed forever in favor of one convicted felon, illegal alien. I’m all for the wall. Rather than running east-west, I think America would be better served if it ran north-south along the California border.
I think a case can be made for a Federal Civil Rights violation against the county and the state, on behalf of the victims. This guy could be the poster child for such a prosecution. The Sheriff had a previously deported illegal in custody. Garcia had already served time for illegal reentry.
Garcia is a whole other animal than your average wetback. A first timer caught by the Border patrol can be charged with a low level misdemeanor. Garcia, on the other hand, is engaged in a felony each time he crosses the border. He also had a prior arrest for a crime of violence. Garcia is arrested for being under the influence of drugs. While he is in the Sheriff’s custody, it i determined that he is a previously deported illegal alien with a prison sentence for that offense under his belt. In other words, his being in custody in California constitutes an active felony.
Under California law the Sheriff claims he has no choice but to release Garcia. He is prohibited from contacting ICE. The Sheriff has no authority to enforce immigration laws. Okay, forget the immigration law. The Sheriff and his staff had in custody an individual actively engaged in a felony offense. They released him with no other action taken. This action would seem to meet the criteria of 18 U.S. Code Section 4 – Misprision of felony. Here it is below:
18 U.S. Code § 4 – Misprision of felony
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
18 U.S. Code § 4 – Misprision of felony
Read the statute again. To run a foul of the law, all the Sheriff has to do is what he did, nothing. Because the Sheriff and the State of California sanctioned Garcia’s felony crime, in violation of federal law, two people died and four others were injured. But for their lack of action, it never would have happened.
Unfortunately, this is California. The only suit likely to be filed will be on behalf of the wetback that started the whole thing, Garcia.