Driver suspected in fatal Aurora crash has history of DUI and is an undocumented immigrant

17-year-old killed Monday in crash

AURORA, Colo. - An undocumented immigrant with no license and three convictions for drunk driving is accused in a crash that killed a teenager early Monday.

Aurora police said Ever Olivos-Gutierrez, 40, of Aurora, remains in a local hospital for injuries he received in the T-bone crash on March 24.

A Ford Expedition collided with the Chevy Camaro Juan Carlos Dominguez-Palomino was driving at Dayton Street at East Colfax Avenue at about 12:15 a.m.

Police suspect the driver of the SUV -- identified as Olivos-Gutierrez -- may have been going more than double the speed limit on Colfax when he ran red light and slammed into the Camaro, killing 17-year-old Dominguez-Palomino.

The teenager attended Aurora West Preparatory Academy.

Once Olivos-Gutierrez is released from the hospital, he will be held on an existing outstanding misdemeanor traffic warrant, police said Tuesday.

Aurora police traffic investigators will promptly file a warrantless arrest affidavit based on probable cause related to the collision.   

Some of the charges Olivos-Gutierrez face include: first-degree murder with extreme indifference, vehicular homicide (DUI), vehicular homicide (reckless), driving while habitual traffic offender (DUI), driving under the influence or third or subsequent offense, driving under the influence of alcohol, drugs or both, drove with excessive alcohol, reckless driving and drove vehicle other than vehicle equipped with an interlock.

Police said Tuesday that Olivos-Gutierrez has an extensive history of traffic offenses and three prior convictions for impaired or drunken driving in Colorado.

As far as investigators can determine, he has never held a valid driver’s license in Colorado. Records show he has been wanted on an outstanding warrant as a habitual traffic offender since 2011.

The Aurora Police Department said it has been advised by Immigration and Customs Enforcement’s Division of Enforcement and Removal Operations that Olivos-Gutierrez is an undocumented immigrant. His last documented and lawful entry into the United States was on a visitor visa in July 2003. This visa expired in January 2004.

Police said no current photo is available because the suspect has not yet been booked into jail.  The photo attached to this story is a previous mugshot.

U.S. Immigration and Customs Enforcement (ICE) released a statement Tuesday that said the agency has conducted an initial review of the immigration file for Olivos-Gutierrez: "Our records show that ICE had been informed of his criminal arrest in December 2007.  However, at the time ICE was notified of this arrest, Mr. Olivos-Gutierrez was not in local custody so that he could be eventually transferred to ICE.  Based on this initial records review, Mr. Olivos-Gutierrez has had no other referrals to or involvement with ICE."

Under ICE's Secure Communities program, implemented in Colorado in 2012, the FBI automatically sends to the Department of Homeland Security the fingerprints of individuals who are arrested or booked into custody to check against DHS immigration databases.

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