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Backyard Search Conducted For Murder Weapon In Cop Slaying

Grandmother Helped Agents Capture Shooting Suspect

POSTED: 6:41 am MDT June 7, 2005
UPDATED: 2:08 pm MDT June 7, 2005

The grandmother of a man accused of murder helped end the search for the suspect that spanned two countries.

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Raul Garcia-Gomez told family members in Culiacan, Mexico, that he was on vacation when he arrived. Relatives -- some of whom he'd never met -- welcomed him into their homes. They decided to turn him in when they learned that the 20-year-old was wanted in Colorado for allegedly murdering a Denver police officer.

The suspect's grandmother led him to a small grocery store where authorities arrested him Saturday evening. A U.S. marshal who was there told reporters that Garcia-Gomez looked scared and nervous, and seemed surprised when he was taken into custody.

"He had tears in his eyes. He wasn't expecting to be caught, at least not that quick," U.S. marshal Joe Chavarria told the Denver Post. "It was the end of the road for running."

The marshal said that Garcia-Gomez had asked about his girlfriend and her family in Denver, and if they were alright.

Garcia-Gomez is accused in the May 8 shooting death of Detective Donnie Young. Police say the gunman ambushed Young from behind as he and another officer provided off-duty security outside a private banquet hall.

According to a search warrant, a friend of Garcia-Gomez said evidence was buried in the backyard of this home.

The other officer, John "Jack" Bishop, was saved by his bulletproof vest and received minor injuries.

Authorities were about a day behind Garcia-Gomez, who fled to Los Angeles after the shootings, and later crossed into Mexico.

According to a search warrant affidavit obtained by a TV news station, a friend who is accused of helping Garcia-Gomez flee Denver told police that he helped the suspect bury evidence from the shooting. According to the warrant, Jaime Arana-Del Angel told Denver investigators that they buried handgun magazines and a box of ammunition in Garcia-Gomez' back yard.

Officers have yet to carry out that search warrant at the home on South Vrain Street, the home where the suspect was staying with his girlfriend and her family.

Arana-Del Angel has been charged with being an accessory to the first-degree murder.

Mexico Says No Extradition If Death Penalty Is Possible

Garcia-Gomez remains in a Mexico City jail, but authorities are working to bring him back to Colorado to stand trial. The Mexican Consul General said Monday that his country is willing to assist the United States but certain laws won't allow extradition therefore, there is no way that Mexico will extradite Garcia-Gomez if he could be executed.

"There is not a possibility at all for Mexico to do that," said Mexican Consul General Juan Marcos Guitierrez-Gonzalez.

In 1980, Mexico and the United States signed an extradition treaty in which Mexico said they would not extradite a suspect who faces the death penalty. In 2001, the Mexico's Supreme Court ruled that life in prison without parole is deemed cruel and unusual punishment and therefore, Mexico cannot extradite Garcia-Gomez if that too is a possible sentence.

"Mexico just cannot approve of that type of extradition," he said. "It's not just Mexico. Canada and France have the same position on the death penalty. This does not mean that Mexico does not want justice. It's just a different conception of punishment."

Colorado authorities have the option of prosecuting Garcia-Gomez in Mexico, where the maximum sentence is 60 years in prison. Five Mexican nationals convicted of Colorado murders are only serving 20-28 years in a Mexican prison, 7NEWS reported.

Rep. Tom Tancredo said something needs to be done about the extradition deal. He said that for criminals, running to Mexico is like getting away with murder.

"You cannot have people committing crimes, heinous crimes in this country, knowing all they have to do is get across that border and knowing it's easy to do," Tancredo said. "We have to come to some arrangement with Mexico. This is not a tolerable situation."

Sen. Wayne Allard, R-Colo., has also asked Secretary of State Condeleeza Rice to contact the Mexican government and speed up the extradition process.

"The murder of Detective Young has touched many Coloradans who respect and appreciate the service performed by law enforcement officers," Allard wrote in a letter to Rice. "Many of my constituents view this extradition case as a test of our nation's ability to hold accountable illegal immigrants who commit crimes in the United States."

Denver police say they will do all they can to bring Garcia-Gomez back to Denver.

"We would all prefer that he come back here and be tried where he committed the crime. However, if the ultimate decision is that he be tried in Mexico, he will ultimately have to face the consequences of his actions," said Denver police spokeswoman Virginia Lopez.

Denver District Attorney Mitch Morrissey is considering asking a grand jury to look at the case. In the past, the Mexican government was more likely to extradite if a grand jury indicted the suspect. Morrissey's office also said that they have started conversations with Mexican officials, knowing that they will have to concede both sentencing options.

It is unclear, though what charge Garcia- Gomez would face. Under Colorado law, the mandatory sentence for first-degree murder is life in prison without parole.

Garcia-Gomez is not the only murder suspect wanted in America who has fled to Mexico. The attorney general's office estimates that by the end of 2005, 50 to 60 Mexican nationals suspected of homicides or attempted homicides in Colorado will have fled to Mexico. But, authorities say, many of them won't be caught.

The Colorado Attorney General's Office is currently prosecuting eight cases in Mexico. All of those cases involve suspects charged with first-degree murder, where Attorney General John Suthers said he knew extradition would not happen.


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