Sunday, May 15, 2005

 

Extradition uncertain

If the killer of Detective Donald Young of the Denver PD managed to make it to Mexico, it looks like the Mexican authorities have no plans of giving him back.

Denver would prefer to extradite Garcia-Gomez, Jackson said.

But he was born in Durango, Mexico, said his girlfriend, Sandra Rivas, and that could pose a problem.

Mexico does not extradite its citizens when a suspect faces the possibility of a death penalty or life in prison, said Joe Bahena, a police officer in the Foreign Prosecution/Interpol Liaison Unit of the Los Angeles Police Department.

Morrissey said he has not yet decided whether he would seek the death penalty if Garcia-Gomez were convicted.

At least one of Garcia-Gomez's associates said he believed the suspect fled to Mexico, Denver Police Chief Gerry Whitman said. Local authorities have warned the Border Patrol and Mexican Authorities.

If Garcia-Gomez is captured in Mexico and Mexican authorities reject a Denver extradition petition, Denver police and prosecutors might invoke Article IV of Mexico's penal code and have him tried in a federal court in Mexico.

Under Article IV, Denver police and prosecutors would prepare evidence in Spanish and lawyers from the Mexican attorney general's office would file a case in a Mexican court.

If convicted, Garcia-Gomez would be sentenced to serve time in a Mexican prison.


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