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August 18, 2009

Man in vehicular homicide case now on ICE hold

Mark Millican

A man accused of vehicular homicide had a bond of $50,000 set in Whitfield County Superior Court on Tuesday, and by day’s end had a hold placed on him by Immigration and Customs Enforcement (ICE).

Ismael Lopez-Rodriguez, 36, of 119 Gay St. in Dalton, was charged with second degree vehicular homicide in the death of motorcyclist Audie Burnette, 45, of Chatsworth on the South Bypass on Thursday. Additional charges include failure to yield, driving on an expired license, failure to register a vehicle within 30 days of moving to Georgia and failure to get a Georgia driver’s license within 30 days of moving to the state.

Judge Robert Adams set the bond after Jason Souther of the district attorney’s office argued that Lopez-Rodriguez was a flight risk and raised the possibility he was in the country illegally.

“I think it was the highest misdemeanor bond I’ve ever seen,” said circuit public defender Mike McCarthy, whose office is representing Lopez-Rodriguez. “We said (to Adams) that we did not believe he was a flight risk with his employment and family ties to the area. As far as an immigration hold on him, right now we’re not aware of any.”

A spokesman at the Whitfield County Jail — where Lopez-Rodriguez remained in custody Tuesday afternoon — said late Tuesday there is a hold on him from ICE. Earlier in the day there had not been an ICE hold.

District Attorney Kermit McManus said it could be a while before the case moves forward.

“It could be by grand jury action or we can file an accusation grievance since it’s a misdemeanor,” he said, “but that could be months away. The SCRT (Specialized Collision Reconstruction Team) team is still investigating, and sometimes it takes us three to six months to get that (report).”

McManus said the public sometimes has a “misconception” about a non-citizen being on an ICE hold and possible deportation.

“When someone is in jail and has a bond, and then a hold is put on them — whether that’s a parole hold, a hold from another county or ICE — as long as that person has not made bond, he stays in our jail,” he said. “Other holds are just there for that other agency.”

But ICE is part of the picture, McManus said.

“If (Lopez-Rodriguez) makes bond, ICE will be notified, and they have an option,” he said. “They can come get him and put him in their detention center, or they can drop their hold. But that hold will go with a person into their prison sentence. Some people have a misconception that if a person is deportable, we fine them (if convicted) and send them back to Mexico. That’s not punishment, but a free ride to them. They can walk back across the border the next day.”

McManus said his office has “no say-so” as to whether a person is deported, but if an ICE hold is in place that agency is notified if the person is put on probation or given a suspended sentence which may include some jail time.

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