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IPFS News Link • Courtroom and Trials

Immigration Controls Come with Death

• by Jacob G. Hornberger

I wrote about the Kelly case last month in two articles: "Warning: There Is No Illegal Immigration" and "Another Warning to Immigration-Control Advocates." In those articles, I advised immigration-control advocates not to shoot and kill illegal immigrants as "invaders" because they will ultimately be charged with murder, not hailed as patriots who are defending their country.

According to news media accounts, Kelly is denying that he was the person who shot and killed the victim, 48-year old Gabriel Cuen-Butimea. Cuen-Butimea was apparently shot in the chest and back with a rifle. The media is reporting that Kelly is saying that he shot a shotgun over the heads of a group of illegal immigrants but did not use a rifle. 

At a preliminary hearing where the state presented evidence, a Justice of the Peace found that there was probable cause to charge Kelly with the crime. The next step is whether a grand jury finds the same thing and returns an indictment against him.

Of course, Kelly is presumed innocent. At trial, the state will have to prove his guilt beyond a reasonable doubt. That's assuming, of course, that a plea bargain isn't later entered into.