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Local woman concerned over illegal immigrant's release from prison

Local woman concerned over illegal immigrant's release from prison

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LENOIR COUNTY, N.C. (WNCT)- A woman in the east is still searching for answers.  The illegal immigrant who pleaded guilty to killing her mother-in-law is about to be released from prison.

Renee Kennedy has been waiting.

"He don't deserve to see the light of day when he does somebody like he did her.”

Waiting for justice that she says will never come.

"He don't deserve to be out of that prison."

In 2005 Jesus Garcia, an illegal immigrant who had been renting a room from Kennedy’s mother-in-law Lavonda, ran her down in his car and killed her.

"He sat down to the table and ate with everybody,” said Kennedy.  “I mean he was a good person and don't know what caused him to flip out and do what he did."

In 2008 he pleaded guilty and Judge Paul Jones sentenced him to prison.  Upon his release he would be handed over to ICE, or Immigration and Customs Enforcement.

Kennedy says that paperwork never made its way here to the prison so when Garcia's release date came up, authorities could have let him walk free in Lenoir County."

"I started fighting from that minute and would not give up,” said Kennedy.  “I would not stand back and watch him walk free in the same county that he killed her in- no."

I checked with the state Department of Public Safety.  Keith Acree tells us unless ICE files a detainer by the time an inmate's sentence expires, the prison can't legally hold them in custody.  "If no detainer has been filed by ICE then he may just be technically, legally free to walk out the door, yes,” he said.

ICE filed Garcia’s detainer after Kennedy contacted the court, the prison, and WNCT.  Acree tells us immigration will pick him up within 24 hours.  Now that he's gone for good Kennedy just wants to hold onto what she has left and let her children remember their grandmother.

"You just have to hold on to the memories,” she said.  “You just have to hold them close."

Acree didn't know why there was a breakdown in communication between the court and the prison.  He says it's now up to ice to handle deportation proceedings.  We tried contacting the immigration office but haven't heard back.  Garcia should be in immigration custody by Wednesday. 

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