Tag Archives: Arapahoe County

Sanctuary Colorado: Inmate wanted by ICE freed on bail and arrested weeks later for attempted murder

Gov. Jared Polis (l)

In May this year, Colorado Governor Jared Polis (demorat) gave illegal aliens a free pass by signing HB 1124 which prohibits law enforcement from honoring ICE detainers. Read about all the protections illegal aliens have from the feds here.

Because of Colorado’s desire to protect criminal illegal aliens, an inmate from Cuba who was wanted by ICE was released on bail in late October, only to be arrested weeks later on attempted murder charges.

Excerpts from a USA Today story:

But local law enforcement say the new law had little effect on their handling of the case and federal officials had been notified about the inmate’s release, giving ICE the chance to take custody of a suspect who the agency claims is in the country illegally.

The Colorado law in question was enacted in May and bars law enforcement officials in the state from holding a person based only on a request from ICE — commonly called an immigration detainer. It’s a practice that ICE says aids federal immigration enforcement and benefits public safety, but detainers are controversial and have been challenged as unconstitutional.

Detainer requests typically ask law enforcement agencies to give ICE at least 48 hours’ notice before a suspected immigrant is released from a jail — or to hold the person for up to 48 hours after they would normally be released.

In its latest criticism, ICE says law enforcement in Colorado followed the state’s law and ignored a federal detainer on an inmate, releasing him on bond as planned despite ICE’s request to hold him longer.

That inmate was soon allegedly involved in a violent crime, which ICE believes could have been prevented had Colorado law allowed local law enforcement to honor immigration detainers.

Local officials, however, say it has been a longstanding policy to not honor immigration detainers and the new law did not impact this case. They also say federal immigration officials were told of the inmate’s imminent release two-and-a-half hours before he was freed.

The case involves Osmani Garces-Ortiz — 37, who emigrated from Cuba. Garces-Ortiz was in custody in late October at the Arapahoe County Jail, located about 15 miles southeast of Denver on several charges including drug possession and criminal trespassing, according to a release from ICE.

Garces-Ortiz was freed on bond four days after ICE placed a detainer on him, ICE says.”

Read the whole story here.


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Colo. homeowner can't evict squatters because they declared bankruptcy

This is every homeowner’s nightmare.
A man and his wife left their Colorado home for an extended 8-month trip. When they returned, they found that a realtor had sold their house to another family for $5,000. But the squatters can’t be evicted because they’ve declared bankruptcy!

Homeowners Troy Donovan and wife

Zachry Floro and Mandi Woodruff report for Business Insider, Aug. 1, 2012:
Two Colorado squatters managed to skirt around a court-ordered eviction notice by filing personal bankruptcy, according a local CBS affiliate.
Last month, a judge ordered the pair, Veronica Fernandez-Beleta and Jose Rafael Leyva-Caraveo,  to turn the property over to the rightful owners. 
But before the county sheriff could evict them, they used the one loophole they had left: filing bankruptcy. “The sheriff’s office will not proceed with an eviction if there is a bankruptcy in question,” Arapahoe County Undersheriff David Walcher told CBS.
It’s another blow for the original owners, Troy Donovan and his wife, who came home after an extended trip to find the house taken over by a new family.
In their eight-month absence, a realtor named Alfonso Carillo allegedly sold the property to the new owners for $5,000. Carillo claimed they could buy the deed under “adverse possession,” an umbrella law for squatters rights that can be invoked if property owners fail to claim their land for a certain stretch of time. The law varies state by state, but requires 18 years of possession in Colorado.
Since the squatters filed bankruptcy, a court will have to determine ownership of the house all over again, a process that could take up to a few months, according to CBS.
Abandoned homes are easy targets for schemes like these, and foreclosed properties are even more susceptible with no homeowners around to defend their turf. In the Donovans’ case, they lucked out when neighbors became suspicious of the new owners and tipped them off.
As with any extended vacation or time away from your home, it’s wise to have friends, family or neighbors check in on the property from time to time.
H/t FOTM’s beloved Joseph!

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Former Sheriff of the Year Arrested in Drugs for Sex Case – Worked for School District


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