Daily Press News Editor
MONTROSE — A defective headlight led to six allegedly illegal immigrants being taken into federal custody early Tuesday morning, while seven others escaped into various Montrose neighborhoods. One of the men captured, police said, resisted vigorously and had to be subdued with a dry-fired Taser.
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Montrose Police Cmdr. Gene Lillard said the driver, who gave his name as Diego Armando Vergara Ordonez, provided a Mexican driver's license and said the other occupants were family members en route to Tennessee from Grand Junction.
Police doubted the story, however, because Ordonez appeared to be heading in the wrong direction. Additionally, the 12 men and one woman, from Guatemala, were dressed poorly for conditions and the litter-strewn vehicle reeked of vomit.
"The conditions inside the van were pretty deplorable," Lillard said. "It was pretty sad."
Officers attempted to communicate in both English and Spanish, but had no luck, even though Spanish is spoken in Guatemala. The MPD then contacted the Immigration and Customs Enforcement (formerly Immigration and Naturalization Services, which was reformed into several divisions within the Department of Homeland Security).
"That's what we normally do if we have a large amount of (suspected illegals)," Lillard said. "None of the individuals appeared to be armed or dangerous, or anything of the sort."
Carl Rusnok, ICE spokesman in Dallas, confirmed his agency had the MPD detain the Guatemalans and had dispatched an agent from the Grand Junction office. "We try to respond every time local law enforcement calls us on these types of issues," he said. "The Montrose Police Department did the right thing."
When a transport van arrived at the scene Tuesday morning, the individuals all fled at once, triggering multiple foot chases as nearby residents called to complain of strangers on their property.
"They knew their freedom was over here in this country, for being suspected as undocumented workers," Lillard said, adding that they'd probably planned in advance to disperse in several directions if confronted. "They didn't want to be caught."
At least one man fought hard to escape. Lillard said Luis Mendez Gonzales, caught in the 200 block of Colorado, actively resisted and fought with officers. "He actually fought pretty violently and had to be subdued with a Taser," Lillard alleged. Gonzales was "dry stunned" — shot with a Taser whose cartridge had been removed.
In all, seven men, including Ordonez escaped. Lillard said he was worried for their safety because of weather conditions and their apparent lack of communication abilities. "They're probably having a tough time," he said. "They probably paid a lot of money to get where they're at. They're pretty desperate when they run from the police. I think they had a plan that's what they were going to do, and they did (it)."
Lillard said it was possible Ordonez was acting as a "coyote," a person who for a fee smuggles illegals across the border. Rusnok said that aspect of the case was still under investigation and could not confirm it.
But, in general he said, I-70, just about an hour from Montrose, is a busy corridor for alien smuggling.
Rusnok also said the safety of coyotes' human cargo was a primary concern. Smuggling rings, he said, typically charge individual aliens high fees and then maximize their profits by "cramming" as many people as possible into a vehicle.
"This is pretty typical of an alien smuggling operation," Rusnok said. "This is just one of many, many examples where alien smugglers show they have no regard for human lives. ...ICE is out to try and not only go after the individual smuggler, but to trace that (person) back to the bigger fish."
Rusnok explained that immigration enforcement in general is not as simple as it might seem. "If they're not careful, those not trained in immigration law enforcement may wind up arresting citizens or legal residents," he said. Too, while the MPD can hold suspected illegals for ICE to deal with and arrest anyone suspected of committing a crime, only the states of Florida, Alabama and Arkansas have empowered local law enforcement agencies to enforce local immigration laws. These officials must be trained by ICE in identification procedures.
"We're not profiling," Rusnok said. "We're not arresting people just because they're, for example, Hispanic. There's some real concern there. That's why local law enforcement has to be very careful."
Depending on where they're from, for instance, Mexico, non-criminal illegal aliens can be offered a voluntary return, which Rusnok said does not have the same legal ramifications as deportation. If not offered a voluntary return, the illegal alien can have a deportation hearing before a federal judge. Criminal aliens, and those who have been previously deported, can be prosecuted by the U.S. Attorney's Office. Rusnok said re-entering the U.S. after having been deported is a felony that can net a person 20 years in prison.
Anyone with information about suspected illegal immigrants can call 866-DHS-2ICE (866-347-2423).
Montrose officers have been told to be on the lookout for the seven who legged it Tuesday morning, Lillard said. "They're just trying to make a better life, but they're just going the wrong way about doing it. They've probably seen some bad things in their life. This is the land of milk and honey. But they have to abide by the immigration laws."
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