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$500K bail, ICE check in Glenwood cop shooting

Published August 15, 2007 at midnight

A man who was an alleged accomplice in last month's shooting of a Glenwood Springs police officer was being held Monday on $500,000 bail.

At the time of the shooting Mauricio Garcia Villa-Peña, 20, was out on a $5,000 bond after he pleaded guilty to felony motor vehicle theft on July 19. The Glenwood Springs officer was shot and wounded 10 days later.

Villa-Peña was expected to be sentenced on Sept. 6, and was not expected to receive in jail time. He pleaded guilty in exchange for a deferred judgement, his former defense lawyer, Peter A. Rachesky, said.

It is common for some defendants, who are out on bond for offenses that are not considered serious crimes, to remain free pending their sentences.

However, it is not clear whether Villa-Peña should have been remanded to the custody of federal immigration authorities after his conviction. Villa-Peña is a lawful permanent resident of the United States, according to the Garfield County Sheriff's Office and his lawyer.

But serious and some minor offenses committed by legal permanent residents, or green car holders, could be grounds for their removal. Sheriff's spokeswoman Tanny McGinnis said she didn't know whether deputies contacted the U.S. Immigration and Customs Enforcement, or ICE, after Villa-Peña pleaded guilty or whether they knew that despite his legal status he could be investigated to determine whether the crime he committed was grounds for his deportation.

Villa-Peña's legal status was only raised after ICE briefly placed a detainer on him until they could verify whether he was authorized to be in the country, the sheriff's spokeswoman said. The sheriff's office verified that Villa-Peña had legal status, and his attorney said Monday that his client has been lawfully in the United States since he was 2 years old.

He currently is being held on suspicion of conspiracy to commit attempted murder in connection with the wounding of the officer.

An ICE spokesman and Garfield District Attorney Martin Beeson could not be reached for comment Tuesday.

Lisa H. York, an immigration attorney, said it was her experience that "sometimes ICE is notified, and sometimes is not notified" about immigrants in the custody of local law enforcement agencies.

"It depends on the facts of each and every case," York said.

However, even if ICE agents determine that a crime committed by a legal immigrant could be grounds for deportation, the immigrant could still seek relief from an immigration judge who ultimately decides whether to order someone removed from the country, York said.

Some relief options legal immigrants convicted of crimes could seek could include, among others, being married to a U.S. citizen or being a resident in the U.S. for many years, York said.

Meantime, Sergio E. Ramirez, 20, was being held on $1 million bail for attempted first-degree murder of a police officer in connection with the July 29 gunfire.

Detectives said the officer was checking a storage area when he saw two men walking away from him. The pair ignored orders to stop, and one of them allegedly opened fire on the officer, hitting him in the chest. The officer was wearing a bulletproof vest.

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