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Gazette Premium Content Fatal Aurora DUI suspect not picked up by ICE

Associated Press Published: March 26, 2014

AURORA — A man in the country illegally who's accused of killing a teenager in a drunken-driving crash in Aurora was previously held in jail but wasn't picked up by federal immigration officials.

The Aurora Sentinel (http://bit.ly/1drZ15) reported Wednesday that Douglas County jail records show Ever Olivos-Gutierrez was held there from Dec. 19, 2007, to Jan. 16, 2008, after turning himself in on an unspecified warrant from Otero County.

Douglas County Sheriff's Office spokesman Sgt. Ron Hanavan said he isn't sure exactly when immigration authorities were notified, but he said it was likely when Olivos-Gutierrez, 40, was first booked into the jail.

In a statement Tuesday night, U.S. Immigration and Customs Enforcement spokesman Carl Rusnok said the agency was contacted about Olivos-Gutierrez in December 2007 but that he wasn't in "local custody" at the time and couldn't be transferred to the agency as a result.

The agency is looking into Olivos-Gutierrez's history and what happened following the 2007 arrest, he said.

Olivos-Gutierrez entered the United States legally on a visitor visa in July 2003, but the visa expired six months later, according to the immigration agency.

Olivos-Gutierrez is facing a possible first-degree murder charge in the death of Juan Carlos Dominguez-Palomino early Monday on Colfax Avenue. Olivos-Gutierrez, who was injured in the crash, appeared in court Wednesday handcuffed to a wheelchair and declined to speak.

He was also arrested on DUI charges in Douglas County in 2000 and El Paso County in 2001, Aurora police said. He was ticketed for driving without a license in the city in 2002.

Immigrants living illegally in Colorado were previously barred from getting driver's licenses, but they are now allowed to get them under a bill passed by state lawmakers last year.

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