Human smuggler goes free
Deborah Frazier, Rocky Mountain News
Published February 9, 2007 at midnight
A human smuggler, charged with six felony counts under Colorado’s new immigration law, was freed because the witnesses who would have testified against him were deported, officials said today.
Enrique Alberto Lopez-Baca, 27, was arrested Nov. 29 by Frisco police for transporting 16 illegal immigrants in a van from Mexico. Lopez-Baca, an illegal immigrant himself, charged each of the 16 passengers up to $2,300.
Summit County District Attorney Mark Hurlbert said he received the police report four days later and filed six charges of felony human smuggling, punishable by up to 96 years in prison.
But by then, federal Immigration and Customs Enforcement had deported all the witnesses, Hurlbert said.
"Prosecutors need to inform us as soon as possible that people in our custody may be material witnesses," said ICE spokesman Carl Rusnok.
The new state law empowers Colorado prosecutors to charge illegal immigrants with crimes before they’re charged by federal officials.
Because of the witness deportations, Hurlbert said he dropped the more serious charges, Lopez-Baca pleaded guilty to misdemeanor obstruction of a peace officer.
Hurlbert said Lopez-Baca spent 90 days in jail and was deported to Mexico. No federal charges were filed against him.
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