The Crime Scene - To Serve and Inform

Network News

X My Profile
View More Activity
Posted at 5:36 PM ET, 09/ 8/2010

Murder charge in crash that killed nun

By Washington Post editors

The man accused of driving drunk and causing a collision that killed a nun last month was indicted by a Prince William County grand jury Tuesday on charges of felony murder, driving on a suspended license and maiming resulting from driving while intoxicated.

Carlos Martinelly-Montano, 23, was awaiting a deportation hearing after two previous drunk driving convictions in 2007 and 2008 when the accident occurred. His car swerved last month into the path of an oncoming vehicle carrying three nuns on their way to a retreat at the Benedictine Sisters Monastery in Bristow. Sister Denise Mosier, 66, was killed in the crash.

Martinelly-Montano entered the United States illegally when he was 8 years old. Immigration and Customs Enforcement officials have previously said that Martinelly-Montano's deportation hearing was delayed because of a backlog at the Justice Department agency that schedules hearings.

Prince William Police Chief Charlie T. Deane said Martinelly-Montano used an Employment Authorization Card to get his driver’s license. On Tuesday, Virginia officials said federal work permit cards can no longer be used to prove someone’s legal status when obtaining driver’s licenses or identification cards in the Commonwealth.

-- Jennifer Buske

(This post has been updated from the original)

By Washington Post editors  | September 8, 2010; 5:36 PM ET
Categories:  Pr. William  
Save & Share:  Send E-mail   Facebook   Twitter   Digg   Yahoo Buzz   Del.icio.us   StumbleUpon   Technorati   Google Buzz   Previous: 'Suspicious death' of infant in Greenbelt
Next: Murder indictment for Md. girl, 14

Comments

His parents & sister are also in this country illegally. Send them home.

Posted by: skn1 | September 9, 2010 7:26 AM | Report abuse

It's now impossible for anyone to get a driver's license in the Commonwealth thanks to the outsourcing to Northrop.

Posted by: hairguy01 | September 9, 2010 8:24 AM | Report abuse

Send the illegals home now,and send the bottom feeding lawyers with them!

Posted by: 10bestfan | September 9, 2010 9:47 AM | Report abuse

Why is it so difficult to deport illegal aliens?

Months and months of court appearances.

Seems like they could at least do the whole family at one time. If they're here illegally, it should be a no-brainer to send them home.

Posted by: postfan1 | September 9, 2010 9:52 AM | Report abuse

Seriously, Northrop screwed up the Virginia DMV? I don't know why anyone would give them a contract after that steaming terd called grants.gov. The took something small and elegant, like Fastlane, and replaced it with some of the worst software engineering I've ever seen. It was like replacing a Powerbook with an old Guttenberg printing press.

Posted by: steve1231 | September 9, 2010 9:54 AM | Report abuse

How is that murder?

Emotionally charged issues aside (he was here illegally, he killed a nun, etc), legally the charge of murder necessitates some sort of intent. Unless you run someone down intentionally, the most you can get is vehicular manslaughter, in addition to the other charges (DUI, etc.)

Posted by: johnqpublic1 | September 9, 2010 9:58 AM | Report abuse

Why would there not be an additional charge for being in the country illegally?

I have an idea. There's a backlog of deportation cases at ICE and millions of people without jobs, right? I'd be willing to bet we could find some people who would volunteer their time at ICE to speed things along and get work experience at the same time.

Maybe CASA could provide some under-the-table, cash-only daylabor to ICE to help out? :)

Posted by: Irato | September 9, 2010 10:19 AM | Report abuse

From NBC article:
He’s been charged with DUI for the third time in five years, involuntary manslaughter and driving on a revoked license related to a DUI offense, according to Prince William County police Officer Jonathan Perok. News4's Julie Carey has learned that Prince William County Commonwealth Attorney Paul Ebert will ask the jury to return a felony murder indictment against Martinelly-Montano next month. Ebert has never done this before with a drunken driving fatality, but he researched it, and felony murder includes "an unintended death in commission of a felony." The third DUI is the felony.

Posted by: kingcarew | September 9, 2010 10:22 AM | Report abuse

Don't deport him. Plant him 6' underground instead...

Posted by: damnit79 | September 9, 2010 10:27 AM | Report abuse

He's here illegally. What is the delay? He and several million other illegals should be sent back. Period. No asylum. No exceptions. Why is this such a difficult concept to implement?

Posted by: Tearanew | September 9, 2010 10:27 AM | Report abuse

Does the DMV in Virginia really check if a person has auto insurance or not? I would bet not. How many of "these people" have funds for auto insurance?

My son needed to have his original birth certificate in order to have his license reinstated. The birth certificate was lost, but he had copies. The local DMV refused to accept his Draft Card, social security card and a copy of his birth certificate as proof he is who he says he is.

A friend drove him to Richmond so he could get his original birth certificate quickly and from there he went to the DMV not far from the office that issued his birth certificate. The lady at the DMV in Richmond didn't even look at his birth certificate!!! He got his driver's license very quickly that day. It seems citizens have to jump through many hoops, but yet the illegals seem to get away with so much.

It is everything, jobs, cars, school, medical care, and their homes. I swear the governments just turn their heads when it is an immigrant breaking the law. I darn well if I did not pay my speeding tickets did not have car insurance, had 2 DUIs, I would be driving!!!! The government would make sure of it.

The double standards drive me crazy.

Posted by: Marrgo | September 9, 2010 10:35 AM | Report abuse

Does the DMV in Virginia really check if a person has auto insurance or not? I would bet not. How many of "these people" have funds for auto insurance?

My son needed to have his original birth certificate in order to have his license reinstated. The birth certificate was lost, but he had copies. The local DMV refused to accept his Draft Card, social security card and a copy of his birth certificate as proof he is who he says he is.

A friend drove him to Richmond so he could get his original birth certificate quickly and from there he went to the DMV not far from the office that issued his birth certificate. The lady at the DMV in Richmond didn't even look at his birth certificate!!! He got his driver's license very quickly that day. It seems citizens have to jump through many hoops, but yet the illegals seem to get away with so much.

It is everything, jobs, cars, school, medical care, and their homes. I swear the governments just turn their heads when it is an immigrant breaking the law. I know darn well if I did not pay my speeding tickets did not have car insurance, had 2 DUIs, I would not be driving!!!! The government would make sure of it.

The double standards drive me crazy.

Posted by: Marrgo | September 9, 2010 10:36 AM | Report abuse

We read stories about illegal aliens drinking and driving and hurting people on a somewhat regular bases. To most of us it is just another sensationalized newspaper story and will be used by some to attack illegal immigrants and by others to say it is just another drink and drive story. Then one day the hard reality of a family member being hit by a drunk driver who happens to be here illegally and learn that it is his sixth driving under the influence accident and a news story gains a harsh reality. Last fall my brother was hit by a drunk driver and I was three hours into a trip to New Jersey before I found out he was not too badly hurt - broken ribs and other stuff - and his beloved Golden Retriever was battered and bruised. I was shocked to learn that the man who hit him had 5 previous drinking and driving accidents and still driving. In addition, I subsequently learned that he was here illegally. How can this be? Well, his family and a so-called immigrant rights groups hired a lawyer who argued that putting him in jail would hurt his family and, similarly, deporting him would hurt his family. To date these arguments have prevailed. Most astonishingly, he is still driving which says many things about his own sense of responsibility and his respect for others. I want this man off the road. If you put him in jail, fine, if you deport him, fine, but get him off the road before he kills someone. Furthermore, and I know this is a personal statement, I have lost respect for the so-called immigrant rights organizations that put the well being of a dangerous man before the well being of everyone else.

Posted by: jeffreed | September 9, 2010 10:59 AM | Report abuse

johnqpublic1 asked how this could be murder. If you shoot a gun into a crowd, or even just up in the air, and the slug hits someone and kills them, most state law calls this reckless disregard and allows the prosecutor and police the ability to substitute that act for the criminal intent that is ordinarily required to make an illegal act (mens rea for those keeping score). When you jump behind the wheel of a potentially dangerous piece of machinery such as a car, and you are drunk, there is a solid chance you could hurt someone. That is reckless disregard for the consequences in any lawbook. The apologists for this idiot have picked the wrong poster boy.

The law, in order to work, implies a contract between the citizens that want the protection of law and the state (or federal or city government) to behave a certain way and the law will protect you. This idiot chose to flaunt our law and unfortunately someone paid with her life for his irresponsibility. The order has announced they forgive the guy and which is at it should be. But, secular law has its own rules to protect people who want to live under the rule of law. If he wanted to drive drunk somewhere, he should have chosen a country without rules in this regard.

Perhaps johnqpublic1 could find a country of his own that would allow this kind of activity. Maybe he could take some of our politicians with him to run it.

Posted by: stvcar | September 9, 2010 11:16 AM | Report abuse

How is that murder?

Emotionally charged issues aside (he was here illegally, he killed a nun, etc), legally the charge of murder necessitates some sort of intent. Unless you run someone down intentionally, the most you can get is vehicular manslaughter, in addition to the other charges (DUI, etc.)

Posted by: johnqpublic1 | September 9, 2010 9:58 AM
-------------------------------

Knowing the consequences of drinking and driving provides the intent according to interpretations by most states. If he is convicted, he will not receive the harshest of sentences (as in he won't get a life sentence, but it will be significant such as 15-20).

Not only will he not be drinking for a loooooong time, I'll bet he's wishing he would have been deported a lot sooner.

Posted by: anti-elitist | September 9, 2010 12:56 PM | Report abuse

Where was his intent? Let's face it, this politically motivated. An illegal border-crosser kills a nun, so of course let's let our emtions run amok. The level of charges being brought would not have been if the driver was a white male and the victim other than a nun. I'm not saying don't punish him, but don't make this something it's not.

Posted by: jckdoors | September 9, 2010 12:59 PM | Report abuse

Note to johnqpublic1:

Depraved indifference. Go to the code of Virginia and see what it says. Also, I will not be surprised to see that they find traces of cocaine in the blood and thus qualify the t#rd for "special circumstances."

Posted by: MarriedMann | September 9, 2010 2:40 PM | Report abuse

I believe this guy should be deported based on him being in this country illegally. But other than that, what is the difference between him killing someone because he was driving while intoxicated and "John American Citizen" doing the same? This illegal alien is charged with murder because he chose to drink and drive, and I applaud that. Well, is it no less murder when an American citizen does the same? I believe ANYONE who chooses to drink and drive is the same as someone who picks up a loaded pistol. A life is taken and the perpetrator should be charged with murder. Involuntary manslaughter? Absolutely not. Not in the case of the nun who was killed; not in the case of my beloved uncle who was murdered by a drunk driver.

Posted by: gitouttahere | September 9, 2010 3:26 PM | Report abuse

Martinelly-Montano's car did not "swerve into the path of an oncoming vehicle". He drove into an oncoming vehicle. The car did not cause the crash, the illegal alien who had already been arrested twice for DWI did. Place the blame where it belongs: squarely on the shoulders of the person who should not have been free to make another bad decision, a criminal who should have been deported years ago, along with his illegal alien family, baby momma and kids. This horrible crash was not caused by alcohol, a car, ICE, the federal courts or his parents, who hid the car keys from him. It was caused by Carlos Martinelly-Montano, a criminal illegal alien.

Posted by: fxdwg69 | September 9, 2010 4:09 PM | Report abuse

Send this alleged murderer back to his native Bolivia, then please come to my Northwest Washington, D.C. neighborhood and send all the illegal Salvadorans/Central Americans back to El Salvador and other Central American countries.

I suspect, bed bugs are coming into the country brought in by many illegals from third world country. We are doomed U.S. citizens!

Posted by: Ward4DC | September 9, 2010 4:30 PM | Report abuse

In Arizona, we deny bail to illegal aliens in felony cases. Also, our Department of Corrections staff (under Gov. Janet Napolitano) were trained by ICE to process paperwork for deportation while criminal aliens are still incarcerated, reducing the possibility of this type of tragedy. Federal law allows for the deportation of criminal aliens--this guy never should have had a second DUI conviction because he should have been deported after the first conviction.

Oh, but Arizona has racist laws to deal with criminal aliens...and 14% of our prison population is comprised of criminal aliens. That's prison, folks. Really bad guys. Rapists, child molesters, killers, drug traffickers, etc. Not someone who got busted washing dishes.

Posted by: pepperjade | September 9, 2010 4:32 PM | Report abuse

what about the driver that hit 2 people at adams morgan, she was driving drunk too she could have kill those 2 people, o yeah but she was born here, so that's cool right?

Posted by: ernestto25 | September 9, 2010 4:50 PM | Report abuse

you want to know how the majority of illegal get in the country, by plane from people flying from canada and europe but of course you can profile them cause the are white, with blond hair, they come with visas and remain in the country illegally too but ice or the new law in arizona wont stop people who are white with blond haair, right, they will profile only brown people.

Posted by: ernestto25 | September 9, 2010 4:57 PM | Report abuse

what about the driver that hit 2 people at adams morgan, she was driving drunk too she could have kill those 2 people, o yeah but she was born here, so that's cool right?

Posted by: ernestto25 | September 9, 2010 4:50 PM
__________________________________________

You mean the one from Wednesday night? As of 30 minutes ago both of the victims were still alive. I'm sure if they die the charges will change to reflect that. Her immigration status has nothing to do with it so I'm afraid your arguement makes no sense.

And when was the last time you heard of a white guy killing someone with his car while he was drunk and then being let go with nothing more than a slap on the wrist? When has that happened to anyone of any race besides Ted Kennedy?

Get real, silly liberals.

Posted by: damnit79 | September 9, 2010 5:19 PM | Report abuse

you want to know how the majority of illegal get in the country, by plane from people flying from canada and europe but of course you can profile them cause the are white, with blond hair, they come with visas and remain in the country illegally too but ice or the new law in arizona wont stop people who are white with blond haair, right, they will profile only brown people.

Posted by: ernestto25 | September 9, 2010 4:57 PM
_________________________________________

Ernestto! What??? Where are you getting this information??? Are you really saying that there are more illegals from Europe than there are from Mexico and Latin American countries? Of course more Latino people will get caught by ICE, almost 9 million of the estimated 11.1 million illegals are Mexican or Latin American!

"Of the 11.1 million, 60 percent came from Mexico, 20 percent from other parts of Latin America, 11 percent from Asia, and 8 percent from Africa, Europe, Canada and elsewhere."

http://www.washingtonpost.com/wp-dyn/content/article/2010/09/01/AR2010090106940.html

Posted by: damnit79 | September 9, 2010 5:25 PM | Report abuse

ernestto25, there's no such thing as a brown race. The majority of black U.S. citizens skin tone is brown, not black. Where did you learn to spell ernestto25? Was it in El Salvador?

Posted by: Ward4DC | September 9, 2010 5:50 PM | Report abuse

ernestto25, I am a black U.S. citizen with over 400 years of ancestry back to slavery. I am fed up with illegal Salvadorans/Central Americans living in my former black middle class neighborhood. Now I live in an Salvadoran barrio. Many Mexicans had racist views of black U.S. citizens before coming to Durham, North Carolina according to a study taken in 2006 at Duke University and UNC at Chapel Hill. In my personal experiences with Salvadorans/Central Americans, I have found many of them to be racist against black U.S. citizens, including educated middle class blacks. I too speak fluent Spanish and many of my close friends are Puerto Rican, Dominican, and Afro Cubanos.

Posted by: Ward4DC | September 9, 2010 5:54 PM | Report abuse

Two prior drunk driving convictions, still in the country although he should have long been deported, here illegally in the first place, and now he's killed someone. How much evidence does anyone need that this person needs to be deported immediately - no questions asked. ICE needs to start doing the job they are being well paid for. And the DOJ needs to stop blocking everything attempted to get these illegal aliens out of the US.

Posted by: caesar_56 | September 9, 2010 6:30 PM | Report abuse

The comments to this entry are closed.

 
 
RSS Feed
Subscribe to The Post

© 2010 The Washington Post Company