A Venezuelan migrant who could have been deported months ago is facing felony charges after a late-night drunk-driving crash in Texas that killed an adorable seven-year-old girl.
41-year-old Carlos Chacin was charged with intoxication manslaughter after the December 1 crash in north Houston that killed Ivory Smith and left her mother, Christina Quainoo, seriously injured.
The felony charge carries a minimum prison sentence of two years, and Court records show that Chacin had been previously jailed for 113 days earlier this year after he was arrested back in June for assaulting a family member.
Upon his release on September 24, Immigration and Customs Enforcement (ICE) placed a hold on him. However, the hold was lifted with little explanation and it allowed Chacin to be released.
Three days after the deadly crash, ICE issued an immigration detainer against Chacin with the Harris County Jail.
The agency has not explained why the initial hold was lifted, and Andy Kahan, who is a crime victim advocate in Houston, criticized ICE for not taking Chacin into custody after he was arrested the first time.
“Why was that hold lifted when he discharged his sentence? If he had kept that hold on him, no ifs, ands, or buts, you have a 7-year-old girl who would be alive today and a mother who wasn’t seriously injured,” Kahan said to Fox 26.
Ivory’s family have shared their grief and frustration with local media. They questioned why and how the system allowed Chacin to remain free despite his record.
“It is with profound sadness that we acknowledge the heartbreaking loss of 7-year-old Ivory Giselle Smith. Her life, filled with innocence and joy, was taken far too soon due to the reckless actions of an individual who chose to drive under the influence,” the family said in a statement.
The family also set up a GoFundMe campaign to support Christina’s recovery and aid in the pursuit of justice for Ivory.
The fundraiser has since drawn more than 480 donations and has raised over $31,000 toward its $35,000 goal.
Ivory’s aunt, Sharonda Collins stated that Christina will need physical therapy to relearn how to walk after the accident she suffered due to the arrested migrant’s actions.
“It’s always the person drinking and driving that walks away, and families are left with this,” Collins told ABC13. “Laws need to change. I’m gonna fight to get those laws changed for Ivory.”
According to reports, the family urged the court to deny Chacin bond, yet it was set at $150,000.
For now, he remains in custody at Tahe Harris County Jail and is awaiting his next court date.
It is however unclear if he has entered a plea, but the family’s statement criticized the immigration system for failing to protect the public.
“How can a system allow such leniency, where a person with such a record is given a chance to walk free and re-offend?” the statement asked. Ivory’s father, Keion Smith, is struggling to stay strong for the family, the statement said, as they continue to mourn the loss of a little girl described as “innocence and joy.”
Many will be hoping that the Migrant whose actions killed the girl and injured her mother is afforded what he deserves, believing the security of American citizens is crucial in the present day.