Republican lawmakers held a press conference March 22 to protest two recent decisions by commissioners of the Maricopa County Superior Court to permit bond to be set for an illegal immigrant accused of killing a Valley man in an alleged drunk driving accident.
They joined family members of Robert Chris Miller, a 20-year-old Peoria resident killed March 4 in an alleged drunk driving accident that charges say was caused by Jocabed Dominguez-Torres, to decry the actions they say violate a recently passed referendum forbidding bail for illegal immigrants accused of serious felonies.
The five legislators are Sen. Chuck Gray, R-19; Sen. Linda Gray, R-10; Sen. Karen Johnson, R-18; Sen. Jim Waring, R-7; and Rep. Russell Pearce, R-18.
“We’re going to investigate that,” said Sen. Chuck Gray, a former Mesa police officer. “Obviously they are making decisions that are not in accordance to the law, so we’re looking at how we can have some sort of checks and balances on them.”
The lawmakers said bond was originally set at $150,000 by a Superior Court Commissioner Kathleen Mead, and after the Immigration Customs Enforcement notified the court of Dominguez-Torres immigration status, the amount was lowered to $50,000 by another commissioner, Michael Barth.
Scott Miller, the father of the victim, said the rulings were a source of frustration and caused concern that Dominguez-Torrez would be deported or would simply leave rather than face trial “when the family should be concentrating on grieving and taking care of each other.”
“We have had to wage war against the judicial system,” he said.
The conference held at the Senate came hours after Maricopa County Superior Court Judge James Keppel revoked bond for Dominguez-Torres, a decision that was praised by Sen. Linda Gray.
Linda Gray also was supportive of a letter by presiding Arizona Supreme Court Justice Ruth McGregor, who has reminded judges of the obligations of Prop. 100, which was approved by voters last year. McGregor also called for the identification of changes to forms used by law enforcement agencies that can assist the courts in compliance with the proposition.
Dominguez-Torres has been indicted for five felonies including manslaughter and aggravated assault. She was also in possession of forged identification and has been charged with fraud.
The lawmakers also said they would determine if there are other instances of bail being set for defendants that violate Prop.100 and did not rule out the possibility of a legislative fix if a widespread problem is discovered. Chuck Gray said court commissioners, who handle initial arraignments and are appointed by presiding county judges, do not face retention elections and are “accountable to no one.”
The Miller family called the decision of the court to rescind the bond set for the suspect and the warm support given by lawmakers a “small victory.”
“Luckily, at this point, we feel like the voice of the people, 78 percent of the voters, has been heard and hopefully in the future we could help other families not to have to face what we have gone through,” said Miller.
“It is ridiculous that we have to go through this, but today is a small victory and we will take it,” he said.
Miller said they had initially thought that Proposition 100 was going to be their “savior.”
“Then when we got the news that she was bondable, and that’s when the nightmare began,” he said.
Asked what their fears are now that it was clear that the suspect, Jocabed Dominguez-Torres, was not getting out of jail, the father said:
“We got a long road ahead of us. We don’t know what could come up, but I guarantee you, we will stand for this. We will fight.”
Lawmakers have turned up the heat on the commissioners who set the bond, charging that their action clearly contradicted the law.
They said that a review of the actions or rulings of court commissioners is warranted. They also said they are looking at ways to put some check and balance on these court officers, whom they emphasized are not elected.
“Obviously, they are making decisions that are not even in accordance with the law,” Chuck Gray said. “We have a little bit of check-and-balance with the judges. But with the commissioners, I’m not seeing much balance, and so we’re going to have to look at No. 1, how pervasive the problem is. But also, No. 2, how we can hold them accountable and have a check and a balance on those commissioners who at this point are accountable only to themselves.”
There has to be a way to “shed some light on their rulings and what they’re doing,” he said but added that there is nothing specific at this point yet.
Following the event, a Senate press release was distributed stating that the lawmakers will consider requiring additional judicial training, disciplinary actions and possible impeachment to address the issue.
The release also states that the court noted that official confirmation of a defendant’s status as an illegal immigrant is needed to deny bond and Dominguez-Torres was arrested on a Sunday while Immigration Customs Enforcement does not work on weekends.
Asked if things would have been different had the suspect not been an illegal resident, Miller said the family’s primary concern has always been that their son was killed by a drunk driver.
“We have some great DUI laws, but I think there is still more work to be done. I think that until people have the fear in them — like they do in Scandinavian countries — that if you drink and drive — and there, blood alcohol levels are much lower than they are here — then you will do hard time. Until we get to that point, we’re going to continue to see people killed by drunk drivers,” he said.
Maricopa County Superior Court responded with its own release later in the day, stating judges and commissioners have been complying with Prop. 100 requirements for proven illegal immigrants when substantial evidence exists that the person charged committed the offense.
A total of 44 individuals were held without bond during a 15-day period this month and roughly 200 people have been held without bond since the first of the year, according to the release.