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Driver In Fatal Minivan Crash Faces Smuggling Charges

Franco-Rodriguez Says He Was Paid $400 To Transport Illegals

POSTED: 7:46 am MST November 29, 2006
UPDATED: 7:50 pm MST November 29, 2006

The driver of a packed minivan that crashed on Interstate 70, killing four people and injuring 10, faces 46 felony and misdemeanor charges, including charges of smuggling illegal immigrants.

Police Chief Dave Wohlers said that Jose Francisco Franco-Rodriguez, 23, faces 14 felony counts of human smuggling, four misdemeanor counts of careless driving resulting in death, 14 felony counts of failing to give aid, and 14 misdemeanor counts of reckless endangerment.

The Colorado State Patrol said the 1998 Dodge minivan went out of control on I-70 Tuesday afternoon, slamming into several trees and then rolled.

Wohlers said everyone in the van was believed to be a Mexican national but that authorities were still working to identify them.

Immigration and Customs Enforcement spokesman Carl Rusnok said three men and a pregnant woman were killed. Another woman and four men who survived were taken into ICE custody. Five other victims were hospitalized.

"It was pretty much a mess," said Sgt. Jack Vogt of the state patrol. "Some were kind of walking around. Some were lying around."

The driver ran from the wreck but was tracked down several miles away by dogs from the Jefferson County Sheriff's Office. He was treated for hypothermia before being booked. He is a Mexican national who is not used to driving in snowy mountain conditions.

Franco-Rodriguez had $329 with him and allegedly told authorities a smuggling organization in Phoenix had given him $400, Rusnok said. The driver said he was due to receive more money for gas when he got to Kansas City, Rusnok said.

Franco-Rodriguez is being held in the Clear Creek County Jail.

In Tuesday's crash, 15 people were crammed into a minivan designed to hold six people. It was on its way to North Carolina.

Human smuggling is a crime under federal law, but this year, state lawmakers passed a bill making it a felony under state law as well.

"I really became angry at the driver. I still am," said Rep. Gwyn Green, who had sponsored that state law.

The law was signed earlier this year and she said it sends a clear message.

"This doesn't pay. You are going to face a really stiff penalty because Colorado is not going to put up with it," she said.

"They will take whatever money they can in some cases they don't care if they take everything you own," said CSP Sgt. Jeff Goodwin.

In January the state patrol begins training for its immigration enforcement unit. It will allow troopers to both process and transport illegal immigrants they contact on the highways.

They make about 500 stops of suspected human smuggling every week.

Troopers are optimistic, but they say the smuggling operations are lucrative and are hard to shut down.

"They are picking other avenues. They are picking other routes now and we have to stay up to speed on exactly where they might be," said Goodwin.


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