http://www.rockymountainnews.com/drmn/local/article/0%2C1299%2CDRMN_15_
5341479%2C00.html
Human smuggler goes free
By Deborah Frazier, Rocky Mountain News
February 9, 2007
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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