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Tuesday, August 08, 2000, Deseret News

Cruz-Silva in S.L after INS release

Embattled Mexican-national Yocundo Cruz-Silva has been released from Immigration and Naturalization Service custody to face charges of negligent homicide, a class A misdemeanor in Salt Lake City.

Cruz-Silva's lawyer's office confirmed Tuesday he was back in Salt Lake City in an adult detention center.

Cruz-Silva is accused of driving a car that veered onto a State Street sidewalk, running down Salt Lake police officer Michael Dunman. The bicycle patrolman was killed in the July 17 crash, and Cruz-Silva was arrested after the incident.

Before he was formally charged, Cruz-Silva posted $2,500 bail and was released from the Salt Lake County Jail. After his release, the INS took him into custody and placed Cruz-Silva in the Summit County Jail. The INS alleged Cruz-Silva was in the county illegally and as Salt Lake prosecutors pondered whether they could build a criminal case against Cruz-Silva, he was transferred from Summit County to an INS facility in Denver.

Now, since Salt Lake prosecutors have formally charged the Mexican national, the Salt Lake District Attorney's Office has been granted custody. An INS news release stated the public interest would be better served if the Salt Lake charges were dealt with before the INS determined Cruz-Silva's resident status. Charging documents filed in Utah's 3rd District Court state Cruz-Silva was traveling 67 mph before losing control of his vehicle in the posted 35 mph zone.