Jail: DUI suspect in custody for a month but ICE didn’t show

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AURORA | After an arrest in late 2007, Ever Olivos-Gutierrez sat in the Douglas County Jail for at least a few weeks and possibly almost a month after jailers told federal authorities the illegal immigrant was there.

Ever Olivos-Gutierrez (Photo courtesy Aurora police)
Ever Olivos-Gutierrez (Photo courtesy Aurora police)

But agents from United States Immigration and Customs Enforcement didn’t pick Olivos-Gutierrez up and he was released from jail Jan. 16, 2008.

Aurora police say Gutierrez-Olivos, who has three previous DUI charges, killed a 17-year-old Aurora boy Sunday night while driving drunk. He has been charged with first-degree murder and is being held without bond at the Arapahoe County Jail.

In a statement Tuesday night, ICE spokesman Carl Rusnok said ICE was contacted about Olivos-Gutierrez in December 2007.

“However, at the time ICE was notified of this arrest, Mr. Olivos-Gutierrez was not in local custody so that he could be eventually transferred to ICE,” Rusnok wrote.

But that doesn’t appear to match Douglas County jail records.

Douglas County sheriff’s office spokesman Sgt. Ron Hanavan said jailers notified ICE about Olivos-Guttierez in December 2007. Hanavan said he isn’t sure of the exact date, but said it likely happened on Dec. 19, 2007, the day Olivos-Gutierrez turned himself in and was booked into jail on a warrant from Otero County.

Olivos-Gutierrez stayed in the county jail until Jan. 16 before being released, Hanavan said.

Rusnok said ICE is still looking into Olivos-Gutierrez’s history and what happened following his arrest in late 2007. He said federal investigators are in the very early stages and haven’t yet received Olivos-Gutierrez’s finger prints or spoken with him.

Rusnok said in the statement that Olivos-Gutierrez entered the United States legally on a visitor visa in July 2003 and the visa expired six months later. Rusnok said he couldn’t say how long it generally takes ICE to pick up a suspected illegal immigrant from a local jail, but said it varies based on distances and the current operations underway.

Aurora police spokesman Officer Frank Fania said Olivos-Gutierrez was previously arrested on DUI charges in Douglas County in 2000, in El Paso County in 2001 and again in Douglas County in 2007.

In Sunday’s crash, police say Olivos-Gutierrez was driving a Ford Expedition on East Colfax Avenue when he slammed into a Chevrolet Camaro driven by 17-year old Juan Carlos Dominguez-Palomino of Aurora. Dominguez-Palomino died at the scene.

Olivos-Gutierrez was also injured in the crash and was hospitalized for two days before being booked into jail.

Aurora police had one previous contact with Olivos-Gutierrez in 2002 when he was ticketed for driving without a license, Fania said.

Police said records show Olivos-Gutierrez has never had a valid driver’s license despite several traffic infractions.

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Ashley In Aurora
Ashley In Aurora
8 years ago

When are we going to get it together on this? This isn’t the first time ICE failed to deport.
Have we forgotten the history of Francis Hernandez who slammed into the Baskin Robbins at Havana and Mississippi?
Juan Carlos (may he rest in peace) would be here today if ICE had done their job long ago.

tom sanders
tom sanders
8 years ago

Well if you voted democrat your the problem because the democrats will do anything to buy Hispanics including keeping every criminal in.

Ashley In Aurora
Ashley In Aurora
8 years ago
Reply to  tom sanders

I’m Republican.

tom sanders
tom sanders
8 years ago

SURE YOU ARE….and if my grandmother had wheels she be a wagon.

Ashley In Aurora
Ashley In Aurora
8 years ago
Reply to  tom sanders

Troll

Sassy
Sassy
8 years ago

HI ASHLEY, ITS BEEN PUSHED BACK TO JUNE 2014, WE CAN’T WAIT!! I WILL BE IN TOUCH.

Ashley In Aurora
Ashley In Aurora
8 years ago
Reply to  Sassy

Of course it has Sassy! Likely a legal maneuver meant to wear Falco down emotionally and financially with one extension after another.
Other cases are being put off to late summer early fall as well.
I find it interesting that both Charlie Richardson (recently retired city attorney) AND Division Chief Roger Cloyd will both be out of here.

Sassy
Sassy
8 years ago

Yes, I agree! Do they all think that we, or the community are really that stupid or Oates thinks cleaning house will help hide his evil actions to many officers that have opened cases pending. Richardson will have his subpoena for the June case. I always say, you play with fire eventually you will get burned. Oates must be exhausted with trying to hide his dirty tracks or he wakes up thinking another day he is god… I’d say both!
He will speak diarrhea in June, and he now knows of two very important prominate ppl that will testify on our behalf that day will come and by pushing it back, that i can only pray that they are running around like roaches trying to figure out how, he or they will get out of this case regarding falco’s case.
Keep you posted it cannot be pushed back anymore. Thanks for all your truthful comments and great knowledge!!

Ashley In Aurora
Ashley In Aurora
8 years ago
Reply to  Sassy

I’ve heard what you’re saying about not wanting to miss it, is true. Be sure you give us the exact date as soon as you know what it is.

Sassy
Sassy
8 years ago

Yes, as soon as I get it.

Sassy
Sassy
8 years ago

I can tell you but not sure if safe to reply it back to you. Union attorney assumed it was going to happened after he advised morales of the two going to testify probably shocked him and oates!! Bring popcorn LOL

tom sanders
tom sanders
8 years ago

YEP….another criminal that will be released back in the U.S. because of democrat policies….maybe he will be involved in a D.U.I. and kill someone like that other guy did.

Sassy
Sassy
8 years ago

Oh, and this mexican man is a disgrace to ICE and our court system.
My prayers to the this family, their life will never be the same. ROT IN HELL GUTIERREZ, YOU SHOULD BEEN JAILED YEARS AGO OR BACK TO MEXICO !!!