July 20, 2005

"Scott Gardner didn't have to die"

Driver accused in crash was illegal immigrant

JIM MORRILL AND GREG RICKABAUGH
Staff Writers

Prosecutors and law enforcement officials blame an understaffed, underfunded immigration system for failing to deport an illegal immigrant charged three times with driving while impaired -- before being charged again Saturday in the death of a Gaston County teacher.

Ramiro Gallegos, an illegal Mexican immigrant, remained in the Brunswick County jail Tuesday on charges that include second-degree murder and DWI following the crash in coastal Brunswick County.

Gallegos' truck slammed into a Subaru station wagon driven by Scott Gardner of Mount Holly.

Gardner died. His wife, Tina, remains in critical condition. Their two children suffered minor injuries.

The case raises questions: why Gallegos was never deported, and why the stiffest sentence he got for DWI was 30 days in jail, after his third charge.

Lee Bollinger, an assistant district attorney in Brunswick County, said law enforcement officials rarely notify immigration officials when undocumented residents are charged.

"Law enforcement officers ... will tell you it does no good to report cases to (immigration officials) because they have so few agents that nobody shows up," he said. "Common sense tells you when you look at the number of illegal immigrants here in North Carolina, it's pretty clear that we don't have the resources to keep these people out."

North Carolina has about 300,000 illegal immigrants, one of the highest populations in the country, according to one recent study.

North Carolina has a single deportation officer. He's among fewer than 10 people in North Carolina who work for the Department of Homeland Security's Detention and Removal Operations.

Sue Brown, a spokeswoman for the federal Immigration and Customs Enforcement agency, said immigration authorities arrested Gallegos in 1998. But neither the reason nor the result of the arrest were available.

"We have finite resources like everybody else," Brown said. "And with 100 counties in North Carolina and the DWI cases that come every week, it's kind of staggering. So we're constantly reassessing where to put our resources."

According to records, Gallegos was first charged in early 2002. But prosecutors dismissed the case when he failed to appear in court. His first DWI conviction came in 2002 in Duplin County. His sentence: probation.

In April 2004, Gallegos faced a third DWI charge, in Brunswick County, when he registered a blood alcohol level of 0.16 percent, twice the legal limit. The Supply resident was found guilty of DWI Level 1, the most serious level.

Records show that Judge Tom Aldridge ordered a two-year prison sentence, the maximum. But he suspended that sentence and allowed Gallegos to spend 30 days in jail, serving those days over a period of 15 weekends. He also ordered 30 months probation, $600 in fines and $740 in restitution.

On Tuesday, Aldridge refused to accept blame for the lighter sentence or for not addressing the suspect's immigration status. In fact, he said he can't recall the suspect's name and doesn't like to discuss his judgments.

He said in 10 years on the bench, no officer or prosecutor has ever mentioned a drunken driver's immigration status.

"Nobody has ever told me that any of the Hispanic people that are through here are legal or illegal," he said. "It just has never been an issue that has been raised or addressed."

-- STAFF WRITER MELISSA MANWARE CONTRIBUTED.

Family, friends rally around mother

GREG RICKABAUGH

Staff Writer

MOUNT HOLLY - Friends and neighbors of Scott and Tina Gardner gathered in the family's front yard Tuesday night for a prayer vigil and an update.

They prayed for Tina's recovery. They prayed for the couple's young children. And they prayed for the men in the pickup that slammed into the family station wagon Saturday afternoon on the way to Sunset Beach. "They may not know Jesus," said Brian Childers, music minister from First Baptist Church of Mount Holly.

The minister read scripture and then told the crowd that Tina had had a good day at New Hanover Regional Medical Center, where she remains in critical condition. But a brain scan showed activity, said Mount Holly Mayor Bryan Hough.

Funeral services for Scott Gardener will be at 11 a.m. Saturday at the church.

A few relatives attended Tuesday's vigil and sobbed through the half-hour gathering. The couple's children, 2-year-old Avery and 5-year-old Jackson, are with a cousin in Elizabethtown.

On Tuesday, friends grieved.

The Gardner family were well-known in this community. Scott and Tina volunteered with a passion. Tina taught vacation Bible school, served as missions coordinator at First Baptist and helped plan the community Easter egg hunt.

Scott helped with the youth group, taught Sunday school and became ordained this summer as a deacon.

Scott taught for two years at Highland School of Technology in Gastonia and coached the boy's baseball team.

But things weren't always rosy. A few years ago, Scott had lost his job with a private company. Shortly thereafter, Avery was born premature.

"Life was amazingly tough for a long while, but they never gave up. With the love and support of their friends, family and church they financially, spiritually and emotionally overcame such a tough time," said family friend Roger Hawkins.

"Just in the past year, life was becoming what they worked so hard for."

A second vigil is planned for 7 p.m. today at the church, 300 S. Main Street, Mount Holly.

In lieu of flowers, the family has asked that contributions be sent to First Baptist, for a trust for the children.

Past charges against Ramiro Gallegos, an illegal Mexican immigrant.

• In 1998, Gallegos was detained by the Immigration and Naturalization Service (INS). Now, the Department of Homeland Security cannot or will not explain the reason for his release.

• On Feb. 18, 2002, he was charged in Brunswick County [N.C.] with driving while impaired and speeding 88 mph in a 55 mph zone. Gallegos failed to appear in court in July 2002. Prosecutors later dismissed the case with leave, meaning he could be prosecuted if found.

• A month after the dismissals, on Dec. 21, 2002, he was charged in Duplin County [N.C., about 75 miles from Brunswick County] with DWI and driving while license revoked. He pleaded guilty to both in February 2003. He was fined $250, ordered to pay $20 for a court interpreter and placed on probation for six months.

• On Jan. 4, 2004, Gallegos was charged with DWI, failure to heed blue lights or siren, resisting an officer and having an open container after consumption in Brunswick County. His blood alcohol level was at least 0.16 percent, twice the legal limit.

Three months later he pleaded guilty to the DWI; the other charges were dropped. Gallegos was sentenced to 30 days in jail to be served on weekends, 30 months probation, and alcohol treatment. He was also ordered to pay $1,340.

• This weekend [July , 2005] Gallegos was charged with second-degree murder, DWI, and driving while license revoked following a wreck in Brunswick County that killed a Gastonia man[*] and left his wife in critical condition. His [Gallegos'] blood alcohol level was 0.22 percent. (Bold added)

[*] SB "a Gaston County man" -- Gardner lived in Mount Holly, in Gaston County.

-- SOURCE: N.C. COURT RECORDS MELISSA MANWARE