Border Patrol Breakdown: Murder Suspect Fled Back to Mexico -- GOPUSA

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Border Patrol Breakdown: Murder Suspect Fled Back to Mexico
By John Gilliland
CNSNews.com Correspondent
July 22, 2005

(CNSNews.com) -- The discovery of a suspected triple murderer in Mexico is prompting some embarrassing questions about U.S. border security in Arizona.

Maricopa County, Ariz., Sheriff Joe Arpaio and Mexican Consul General Carlos Flores Vizcarra announced the capture of 34-year old Rodrigo Cervantes-Zavala in Puerto Vallarta and the recovery of his two children.

Arpaio said a Maricopa County grand jury has charged Cervantes-Zavala, a Mexican national living in the U.S. illegally, with murdering 17-year old Jesus Manuel Acosta, 63-year old Saul Lopez Acosta, and 51-year old Trinidad Castro Acosta, who were all found shot to death in the early morning hours of July 10 in their home near Phoenix.

The Acostas were grandparents and uncle to Cervantes-Zavala's two children -- 18-month old Bryan and 3-year old Jennifer -- both American citizens, who he is accused of kidnapping and taking with him as he fled to Mexico. The children's mother, Isabel Acosta, also an illegal, found the murder scene and immediately reported it to the sheriff's office, who issued an Amber Alert four hours later. Border authorities were alerted and the search began.

But even after the alert was issued, Cervantes-Zavala was allowed through the border at Nogales, Arizona. Mexican authorities even stopped and impounded Cervantes-Zavala's car, but they allowed him and his children to leave.

U.S. border officials were notified through special broadcast receivers and over the Internet, but since Mexico is not included in the Amber Alert system, authorities there were not notified.

Arpaio said warrants involving three murders, the kidnapping and a probation violation on a prior burglary conviction have been issued for Cervantes-Zavala, who is in police custody near Puerto Vallarta.

The sheriff refused to answer Cybercast News Service's question about how a convict who had committed crimes and was living illegally in the U.S. was able to escape deportation. "Why are you asking me such tough questions? What are you asking me for? We'll be here all day," he responded at the news conference.

Tuscon Border Patrol Public Information Officer Charles Griffin said procedures were in place to avoid the inadvertent release of criminal illegals.

"Once someone is convicted and we are notified, we can put a detainer on them and then custody can come back to us and we can return them. We also do jail checks, looking for illegal aliens who have slipped through," Griffin said.

Amid the questions and criticism about Arpaio's judgment, including that he allegedly aided the return of an illegal alien back into the United States, he was unapologetic. "If this is a smuggle it's a good smuggle. We're getting these two kids back home where they belong."

Extradition proceedings were expected to begin immediately to return Cervantes-Zavala to the U.S. to stand trial, but he will not face the death penalty. Mexico will not extradite an individual if that person faces a possible death penalty for the crime committed.

Arpaio said his main interest was for the welfare of the two children involved. "The children have been taken to a hospital, and it seems like they're okay," Arpaio said. "We were concerned with this guy, when he fled to Mexico, for the welfare of the kids. We just wanted to get the kids home."