In early May I told you how ICE arrested an illegal alien from Guatemala who killed two American citizens in a car accident. The illegal has been punished while the American citizens he killed are permanently separated from their families.
The Maryland statue for negligent driving states, “A person is guilty of negligent driving if he drives a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual.”
I could not locate the penalty for negligent driving on the Maryland statues web site yet did find this on an attorney’s web site: “The penalties for negligent driving are less severe than those for reckless driving. Like reckless driving, negligent driving is a misdemeanor. But the scheduled fine for negligent driving is only $140, and the maximum fine a judge can impose in court is $500.”
From Daily Mail: An illegal immigrant alien who ran down and killed an FBI agent and a fire marshal on the side of a highway has avoided jail.
Roberto Garza Palacios, 28, who arrived in the US in Guatemala and has overstayed his visa, paid just a $280 fine for killing Deputy Chief State Fire Marshal Sander Cohen and FBI Special Agent Carlos Wolff in December.
Garza Palacios did not appear in court and the case was closed on June 25 when he handed over the financial penalty, according to court documents obtained by the Washington Post
.(More from the Washington Post: “As Garza Palacios drove up on the two cars, he should have reacted more quickly, according to the state police findings.
When he tried to react, he told investigators, a car was to the right of him. He then veered left, striking Wolff and Cohen and sending them over the concrete wall. He told investigators he had not seen the men.” Read the whole story here.)
Wolff and Cohen were standing on the side of the road on I-270 in Montgomery County when they were struck by a Honda Accord driven by Garza Palacios. Wolff had crashed after reaching for his cellphone, and Cohen had stopped to help.Driving up behind the scene, Garza Palacios told authorities that he couldn’t swerve right and went left – not seeing the two men.
Cohen was hit by another car and died at the scene, while Wolff died at the hospital.
Prosecutors found that while Garza Palacios drove in a ‘careless and imprudent manner,’ he did not do so in a way that was a ‘gross deviation’ from driving carefully. They couldn’t find that Garza Palacios had a ‘reckless disregard’ for human life which would prompt more serious charges.
‘This case is about an unfortunate accident. Mr. Garza Palacios feels terrible about the situation,’ his attorney, Asim A. Humayun, said.
Garza Palacios, a native of Guatemala, still faces possible deportation.On May 3, immigration authorities arrested him after the accident and charged him with overstaying a visa that expired in 2009.
In 2015, Garza Palacios was arrested in Montgomery County and ICE asked him to be placed on hold but that request was not honored. Humayun stated that the immigration case is still ongoing.
Garza Palacios pleaded guilty to driving while impaired in 2015. He served a four month stint in jail after smashing windows on 16 cars and lighting a sofa on fire near a construction site.