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Immigration hold placed on driver in injury crash
Victim lost both legs from crash; husband founded Napa's Minuteman chapter
Saturday, February 09, 2008
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Federal immigration officials have asked that Napa authorities hold without bail the man charged with felony DUI and hit and run in an east Napa accident that resulted in the amputation of a woman’s legs above the knee.

Francisco Pacheco, 24, is in Napa County jail on an Immigration and Customs Enforcement hold. ICE seeks holds on criminal suspects who the agency believes may be in the United States illegally. Such holds may result in deportation.
On Feb., 3, Pacheco, who was intoxicated, was driving his 1990 Plymouth on South Terrace Drive when he plowed into the back of Lilian Clark’s vehicle, which was doubled-parked.

Clark, 38, had just finished securing her two sons, 4 and 6, in their car seats and was walking around the back of her car to get to the driver’s door. Pacheco hit the rear bumper of Clark’s car, pinning her legs between her bumper and his front bumper.
Pacheco, who is on probation for a 2007 DUI conviction, fled. He was chased by Clark’s neighbors, who found him about a block away and held him until police arrived.

In addition to the current charges and the 2007 DUI conviction, Pacheco was picked up last July for misdemeanor DUI. That case is pending, according to Napa County Chief Deputy District Attorney John Goold.
Pacheco had no insurance and does not have a valid driver’s license.

If found guilty of the charges from Sunday’s incident, Pacheco is looking at a maximum of six years in state prison, Goold said.

John Clark, the husband of the victim, has been active in the movement to stop the flow of illegal immigrants into the United States.

In 2006, Clark started a Napa-based chapter of the Minutemen Civil Defense Corps, a group that has observed border patrols and advocated more strict enforcement of immigration laws. He said his inspiration to form the group stemmed from the three-year effort he went through to legally bring Lilian, then his fiancé, to the United States from her native Chile.

“I am passionate about people coming to this country legally. I certainly learned that with the battles I fought to bring Lili here,” he said.

Clark said his wife is improving each day.

“I took the kids to see her. They know that something terrible happened to their mom because they were in the car when she was hit. When we went to the hospital, she showed them she didn’t have any legs. My son asked her, ‘Why did the bad guy take your legs?’” But Lili is such a remarkable person. She is so strong. She is more worried about the kids than herself.”

Dan Johnson, the Napa County Department of Corrections acting director, said when an inmate is placed on Immigration and Custom Enforcement hold, he is interviewed by ICE to determine if he is in the country illegally. If ICE, which is under Homeland Security, determines the inmate is here illegally or violated his or her visa, a deportation hearing is held.

“If it is ruled the person is to be deported, the individual is sent to a penal institution in Arizona to await for transport to their native country,” Johnson said.

Johnson said if the person is in custody at the jail and a criminal complaint has been filed, the deportation issue is dealt with after the criminal case is adjudicated.
49 comment(s)

kevin wrote on Feb 8, 2008 6:06 PM:

" So why wasn't he deported after his LAST DUI? If he had been, this accident wouldn't have happened... "

activeair wrote on Feb 8, 2008 6:43 PM:

" When does this end? When does Congress and Big Business stop this nonsense? Everyone last week went on a rant "don't start with his legal status nonsense" amazing. This is not one sad story that happens once in a blue moon, this nonsense is like a broke record ALL over this country folks. When do we say enough is enough?

You want compassion for those illegally in our country that have not committed crimes, argue all you want. But the gang members, drug dealers and other criminal element should not be allowed in this country.

If it were the other way around and a MINUTEMAN supporter were the drunking driver, the victim an illegal immigrant, the ACLU, La Raza, you name it would scream from the mountaintops, and declare this a "hate" crime by a vigilante Minuteman.

I wonder if any member of the ACLU or La Raza or so call advocates, who call editorials such as this to be racist and xenophobic talk, would be feeling so righteous if it one of their relatives were innocent victim.

On probation for a prior DUI and still allowed to be in this country? Amazing. Prayers to Mrs. Clark and her family.

"

notpc wrote on Feb 8, 2008 7:14 PM:

" Another tragic example of how we all pay for illegal immigrants. My sincerest sympathies and prayers for the Clark family. Mrs. Clark sounds like a remarkable lady. "

fred5678 wrote on Feb 8, 2008 7:24 PM:

" Does Napa have a formal or informal sanctuary policy? If so, the DA has a lot to answer for. This criminal should have been deported last year.

When will we ever learn? Not soon enough:

Note that another illegal alien almost cut off the legs of a woman on Tuesday in a San Rafael parking garage. Miguel Paz-Calderon, 19, of San Rafael, is in jail for hit-and-run, no license, no insurance and is on an immigration hold.
"

Dwayne wrote on Feb 8, 2008 7:33 PM:

" Wow. Deporting an illegal may really upset the vineyard owners. This is Napa, you know, so be careful. "

cpslowine wrote on Feb 8, 2008 7:37 PM:

" My thoughts exactly! "

someguyinnapa wrote on Feb 8, 2008 7:50 PM:

" Kevin; You said it!

My heart goes out to the Clarks and their 2 sons. "

vonhelga wrote on Feb 8, 2008 8:39 PM:

" So very sad. If we enforced the law when given the first opportunity...Us tax payers and law abiding citizens could perhaps be a little safer! We need more random check points for liscensed drivers!!! Please we need to rid our streets of the illegal drivers that end up hurting the innocent! It happens every day! LAW ENFORCEMENT! "

skippert wrote on Feb 9, 2008 7:16 AM:

" I'm not sure why you people are so surprised. This has been going on for years. I just can't believe how up in you face it is. It is like they know they can get away with this crap. My heart goes out to Lilian and her family. Being a mom of two boys, I can only imagine what you are feeling. I am so sorry. "

common sense wrote on Feb 9, 2008 7:31 AM:

" Illegals with criminal records need to be deported. Period. If we had simply enforced our existing laws, Lilian Clark would still have her legs. "

kbf wrote on Feb 9, 2008 7:38 AM:

" I agree the DA needs to answer for his departments misconduct. Also who cares if the vineyards suffer. There are a lot of people here legally that would fill the void or maybe Napa will go back to fruit orchards like it used to be. I know some of you remember picking prunes. "

Rocco wrote on Feb 9, 2008 8:22 AM:

" Please do a search for "The Minuteman Civil Defense Corps" and join the Northern California chapter...it took me only 5 minutes. Out of respect to our parents and grandparents that did the right thing and came here properly, I would like to see us all do what we can to prevent future "avoidable accidents" from happening again.



"

hudds5 wrote on Feb 9, 2008 10:05 AM:

" INS Holds are suppose to be placed on any illegal alien that commits any felony, or involved in any violent or drug related crime. I'm sure a felony DUI qualifies under these laws. This is something that should be automatic. "

Dwayne wrote on Feb 9, 2008 10:57 AM:

" Follow the money to the heart of the issue. The immorality of "illegal" has been trumped by the almighty grape. "

Paul wrote on Feb 9, 2008 11:07 AM:

" I believe that every person in Napa county that is charged with a crime should have to prove their immigration status. No exceptions! And if they are here illegally they should be deported after their case is settled. Thousands of horrible crimes are commited by illegal aliens every year and many are protected by state and local governments. Of course "We the people" are most to blame for not holding our elected officials accountable to uphold the laws they took an oath to uphold. This horrible crime and tragedy would not have happened if we the peope and our local officials were committed to protecting legal residents of this great country! Our deepest sympathy and prayers of my family go to the Clark family. "

Robinhvidston wrote on Feb 9, 2008 11:24 AM:

" WHY did this beautiful mother and LEGAL immigrant have to give up both of her legs in the name of a government that will NOT uphold the law? She came here LEGALLY and has now become the victim of an ILLEGAL immigrant who had the audacity to drive drunk. And if there is a guy out there who hired this illegal alien, well, THAT employer should be prosecuted! God bless Mrs. Clark a TRUE hero! "

justnana wrote on Feb 9, 2008 12:24 PM:

" How sad for this family and for our community. How can we get our elected officials to uphold our laws? My daughter was in a non-injury auto accident with a driver who was not licensed or insured, the police came and made their report, and LET THE DRIVER GET IN HIS CAR AND DRIVE AWAY. Car not impounded, driver not cited...nothing. There has been no response to several attempts to get an explaination from Napa PD.I would be willing to bet that the Napa Register doesn't remotely address this issue? (Ross...prove me wrong!!)Who has the power to investigate? Grand Jury? It seems like an old fashioned "expose" might shed some light on how often these criminals are let go because we are lazy? uninformed as to the law? in the pockets of the vineyard owners?
What is it and why is it allowed to conotinue??? I am tired of seeing hispanic surnames in the overwhelming majority of reported crime in our town. This is not a racist comment, as my maiden name was also hispanic. I have a hard time believing that all of this crime is being done by legal immigrants.
I am joining the Minuteman and encouraging all of my friends to do likewise. "

Napan since 1965 wrote on Feb 9, 2008 12:45 PM:

" This horrible crime and its unthinkable consequences reminds me once again of a question that comes to mind every time I read the "DUI Reports" and every time a story states that a driver "jumped out of the vehicle and ran" when an accident has occurred. That question is: "If this person is caught and is driving without a license, will a check be run to see if they are here legally?”
There is a provision in Section 287(g) of the "Immigration and Nationality Act" which provides for local law enforcement to "partner" with ICE to see that any law-breaker who is in this country illegally will be placed on an "immigration hold" by local authorities. Today’s article notes that Francisco Pacheco is now under such a "hold."
CONSIDER THIS: If he had been dealt with, following one of his prior arrest(s), Mrs. Clark would not have lost her legs!!!
I strongly believe that local authorities should take the necessary steps to "partner" under the provisions of Section 287(g) without further delay!
Oh, wait a minute! There's one thing that could keep that from happening! If the City of Napa is a "Sanctuary City," local law enforcement will not be allowed to take that action!!!
Is anyone out there aware of whether or not Napa IS a "Sanctuary City"???
If they ARE, let's "hold their feet to the fire" until that changes--the lives and/or well-being of our fellow citizens depend on it!!!

"

Two Cents wrote on Feb 9, 2008 1:03 PM:

" Figures...
And when we deport him back to his native country... he'll just be back in less than a year. Probably with a new SS# and name.
Kevin.. you hit it right on, if this issues had been dealt with the first time he had a DUI, this poor lady would still have her legs.
Everyone has been saying on the blogs "oh lets not make this a immigration or racial issue". WAKE UP PEOPLE! Look at what's happening to this state and quit making excuses for the people who are destroying it. "

sammy wrote on Feb 9, 2008 1:53 PM:

" I feel ashamed of our legal system for allowing this person to remain in the United States. This clearly could have been avoided, and this Mama would have her legs today if they had deported him back in July.
This is so unacceptable, I cannot believe it.
"

jc wrote on Feb 9, 2008 2:21 PM:

" THANK YOU FOR ALL YOUR SUPPORT AND PRAYERS.THANK YOU FOR RALLYING BEHIND THE IMMIGRATION ISSUE ,WE FEEL THAT OUR GOVERMENT AND POLITICIANS HAVE FAILED US ONCE AGAIN. PLEASE WRITE LETTERS TO THE DISTRICT ATTORNEY AND LET HIM KNOW HOW YOU FEEL.WE ARE READING YOUR POSTS. i WILL ADD THAT LILIAN HAD HER EMERGENCY FLASHERS ON AND THERE WERE NO PARKING SPACES AVAILABLE. THIS ILLEGAL LOOKED RIGHT AT ME WHILE LILIAN WAS IN MY ARMS AND RESTARTED HIS BROKEN CAR THREE TIMES BEFORE HE COULD GET IT GOING .....MAY HE ROT IN HELL! JOHN CLARK LOVING HUSBAND AND FATHER. "

jc wrote on Feb 9, 2008 2:40 PM:

" thanks for you kind words ,thoughts and prayers
John Clark
kevin i could not have said it better myself "

1napanow wrote on Feb 9, 2008 3:46 PM:

" People,
Napa would dry up and blow away without the illegal work force it currently employs. Is it right? No, absolutely not, but the anti-illegal groups are opposed to a reasonable solution to this problem by establishing a temporary worker program. Even "flaming liberals" like GW and McCain favor this. With legal status it would be easier to enforce insurance laws and licensed alien workers would not be compelled to flee accident scenes to avoid being deported.
My heart goes out to this poor woman and her family, but the real problem is a culture that celbrates irresponsible drinking. How many beer commercials did we watch during the Super Bowl? How many "good ol'boys born in Napa managed to drive home safely after their celebrations only by the grace of God? How many DUI convictions are published in the Register each week?
How about if we spend more time talking about the problems of alcohol abuse instead of picking on some hapless irresponsible drunk that just happens to be in this country without a visa?
Napa, "he who is without sin, cast the first stone". "

russ wrote on Feb 9, 2008 4:21 PM:

" Attention Napa County and City law enforcement and government: You had better prevent drunk, uninsured, unlicensed, repeat offending, illegals from driving junk-mobiles on our county streets and roads. Someone, somewhere needs to pay the price for incompetence and negligence. "

two cents wrote on Feb 9, 2008 5:01 PM:

" 1napanow... who are you speaking for when you talk of a "culture who celebrates irrespobsible drinking" Are you kidding me? Have you ever driven past Fuller Park or Kennedy Park on a weekend or the fairgrounds rented out for Quinceneras?
And we'll see if the register even prints my post.
Im wondering how yours got through making generalizations about cultures, while referencing the Superbowl, obviously geared toward Caucasions.
NVR.. funny that you limit broad statements like that when their geared toward Hispanics. "

two cents wrote on Feb 9, 2008 5:03 PM:

" Russ... I'll tell you who's paying the price... Lilian Clark "

seg38 wrote on Feb 9, 2008 5:39 PM:

" Enough is enough already. The key word here is "ILLEGAL". It doesn't matter where the person is from whether it's Mexico or Italy or Canada for that matter. Anyone who a visitor in this country and breaking the law by driving drunk, without a license, stealing, selling drugs etc. should be arrested and then shipped back wherever they came from. If this would have been done after the first offense, we would be discussing this tragedy. It's time to stop blaming racism for blatant disregard for the law and start holding those individuals accountable for their actions. If this person would have been born and raised in Napa, he should still have been in jail if not after his first offense, then most certainly his second. "

Chaise wrote on Feb 9, 2008 7:55 PM:

" We love you all, JaMike. Let Lili know that Amy, the kids and I are praying every night for her, you, and the boys. I am so happy to read you have a community backing on what needs to be done here. If help is needed with the boys or anything else, please call and we will be there the next day or two. May God look over Lili and give her strength physically and emotionally. We love you guys very much.

Dear Napa community - Please keep the good blessings coming to this wonderful family. They are truly special people if you don't already know them.

-The Farmington, NM community "

Tiredofcomplainingnapkins wrote on Feb 9, 2008 9:44 PM:

" Just because he was illegal doesn't mean he had the right to drive without insurance. Even illegals can get car insurance. If your going to be here illegaly then you should do everything possible to abide by all the laws in this country, not driving drunk without insurance. Just another person he to exploit the lax US laws, and the innoncent good people like Lillian suffer. "

sammy wrote on Feb 9, 2008 10:01 PM:

" JC.....do you have a web site ? caring bridge or something ?

I will be writing a letter to the DA "

skippert wrote on Feb 9, 2008 11:48 PM:

" Hang in there JaMike and Family. Our thoughts are with you. The Bushes. "

flatbedbill wrote on Feb 10, 2008 3:05 AM:

" activeair:Re your post Feb 8 6:43 PM: You said it with the eloquence I never could.I'm now the newest member of The Minuteman. I understand the same type of incident happened in San Rafael on Tuesday 2/5 in
a City Parking Garage by an illegal foreign national. I can no longer sit back and merely complain about San Rafael looking more and more like Tijuana every day. These illegals have their mouthpiece organizations, and we need ours, too. My Bret Harte neighborhood looks like a
Barrio. Its past time I get actively involved in stopping this insanity. Thanks for a great post. "

Larry Clark wrote on Feb 10, 2008 4:45 PM:

" Lily, John Mike, Samuel & Jacob,
You're in our thoughts and prayers each day and we pray that Lily regains her strength. We know you're strong and doing much better Lily. We miss & love you very much. Your support is here from NM and we'll be there when the time is right.

Love, Dad & Joni "

jeffersonian wrote on Feb 11, 2008 7:50 AM:

" 1napanow
Your empathy is touching.
However, "Flaming Liberals" like W & McCain are catering to the criminals who profit from employing the Illegal Aliens like this drunk. Don't think they represent mainstream American feeling about border security and enforcement.
If the will of the American people were followed Illegals would be deported and the border sealed, and the Clark family would not be suffering this tragady. "

StrikingBack wrote on Feb 11, 2008 9:39 AM:

" I just wanted to add that six years is a slap in the face. He will be deported and walk right back over the border like so many thousands do.

One recent incident I saw in the Illegal Alien Activity Tracking System was of an illegal apprehended attempting to re-enter the US. His arrest record included 23 prior offenses including several sexual offense against a minor and he had just been deported after serving some laughable jail sentence on Dec 27 of 2007.

So, less than 1 1/2 months later he was attempting to get back in to the US to wreak more criminal havoc and wreck more legal, US citizens lives.

I then saw Lillian's story yesterday when I was alerted to it via email. It made me physically ill and I wept for her, her two children, her husband, and her family whose lives have been forever changed.

I also wanted to share this information and it may vary by State so double check and that is since he had a prior record of drunk driving and was on probation you can sue the government - local or state perhaps -for allowing him to continue to be a danger to others while he was here illegally the whole time to begin with.

In MD speeding tickets, seat belt violations and "small" stuff aren't enough of a record to file suit however, having a record of DUI's and being on probation should be more than enough for someone to pay and I mean someone besides the victim and her family because they have paid far too much already and will do so every day for the rest of their lives.

"

Reality Check wrote on Feb 11, 2008 4:55 PM:

" Man, I would love to see a lawyer take this case on and go after every person/institution that directly allowed this criminal to use our streets as his own deadly destruction derby. Once the word gets out that you could be liable in civil court for the damages caused by an illegal alien that you harbored, in any way...well maybe then we would have that documentation checked wouldn't we. Every illegal alien that is caught commiting a crime should serve their time plus a year. If after they're deported they decide to illegally cross again...they serve the entire sentence all over again. Expensive??? You bet! And that would be a bond issue that the voters WOULD support. "

Ruff Limblog wrote on Feb 12, 2008 6:54 AM:

" In British Columbia, Canada, the DMV is the automobile insurance company. The risk pool is 100% of all car owners. When losses are low, the rates go down, when losses are up, the rates go up. You don't get license plates for your car without insurance and a drivers license. For which you have to have a visa. The injured are covered by an insurance policy attached to the car. Of course, they have universal healthcare which also keeps down medical costs in the case of an automobile accident. It might be a good idea to stop scapegoating 'illegal aliens' and take a look at how badly OUR entire system works for all auto crash injuries. ~Ruff "

kevin wrote on Feb 12, 2008 11:52 AM:

" This issue is not about Liberal or Conservative, not about Republican or Democrat, it's not even about Socialist Health Care or Capitalism. It's about right and wrong. It's about how much longer people are going to accept illegal behavior that results in lower wages, poorly performing schools, higher medical costs and sometimes, as in this case, great bodily injury... "

Paisano wrote on Feb 12, 2008 4:54 PM:

" I could'n agree with you more 1napanow. "

Paisano wrote on Feb 12, 2008 4:58 PM:

" That is an excellent suggestion Ruff Limblog. "

Concerned Citizen wrote on Feb 13, 2008 8:29 AM:

" Alright, apologists and those in denial...others suspected this to be the case and, voila!...it appears to be so. Another illegal bringing harm to an American citizen. Another illegal MEXICAN running free on the streets, creating havoc and running from responsibility while the victim's life has been irrevocably changed. DEPORT!!! And, while we're at it, enforce our immigration laws which are on the books and would remedy this lamentable situation of illegals perpetrating harm, driving w/out license or ability or insurance and breaking laws. "

Concerned Citizen wrote on Feb 13, 2008 8:39 AM:

" flatbedbill.. and Rocco, right on! Time to act! "

Paisano wrote on Feb 13, 2008 9:51 AM:

" To Concerned Citizen. Where in this article does it state that Mr. Pacheco is Mexican? "

cathyodom wrote on Feb 13, 2008 1:54 PM:

" I don't think the nationality issue is as important as that he was driving drunk, and had done so before. Regardless of his nationality, or immigration status, there are multiple offenders out there who have nothing to lose and who will do the same thing over and over. Sometimes, people have gotten a DUI once, and learned from it, gone on with their lives. It seems once people have put down stakes, bought houses, hav families, lives and jobs here, they are less likely to do criminal acts, especially multiple DUIs. Now I'm seeing where this logic is going myself- perhaps the illegals have no physical stakes here, no family/steady legal employement/mortgage, and don't care if they get more than one DUI or not. So what will happen to this guy, will he go to jail here or get deported and come back? What is the answer? "

Paisano wrote on Feb 13, 2008 2:58 PM:

" To CathyOdom, You make a valid point. In my opinion I would like for Mr. Pacheco to serve his sentence here in the United States. If he is an illegal immigrant then I would like for him to be deported as soon as his prison time is served. "

Concerned Citizen wrote on Feb 13, 2008 3:08 PM:

" Paisano...friend....the surname and first names kinda gives it away...along with the story and ICE involvement...and stereotyping the obvious. "

Paisano wrote on Feb 13, 2008 4:04 PM:

" Concerned friend...Amigo...Did you know that Chileans, Colombians, Puerto Ricans, Salvadoreans, Cubans, Argentinians, and a great deal of people from other countries also have Spanish names. Now how would you know that Mr. Pacheco is Mexican by simply reading this article? "

Napan since 1965 wrote on Feb 16, 2008 3:26 PM:

" It's so wonderful to see the interest and concern expressed here for Lilian Clark!

For those of you who are (or are willing to become?) blood donors, we have been successful in scheduling a 3-day "Special Blood Drive for Lilian Clark"! It will be held at the Napa Blood Center, 3230 Beard Road, from 12:30 to 6:30 PM on Tues., March 11, Weds., March 12, and Thurs., March 13.

The success of this drive will assure that if Lilian should need additional blood units for further surgeries at Kaiser-Vallejo, “blood credits” will be available to her that will cancel out any charges for blood that is used!

The additional "plus" to this drive is that the actual blood which is donated will immediately become available for others who are in dire need of emergency transfusions. As we all know, blood banks nationwide have trouble keeping adequate supplies of blood on hand, and it becomes especially critical during the flu season!

So, if you are willing and able to donate, please call for an appointment at 1-888-393-4483 (toll-free)!!! It will tell Lilian Clark that we care about her, and will also increase the blood supply available to others in need.

"

Laupad27 wrote on Jul 30, 2008 2:25 PM:

" I agree with whoever said he who is without sin, cast the first stone. There is a man in my state, whom 19 years ago stalked and shot his ex-wife point blank in the face, and killed her. last month he was released from prison. he is a U.S. citizen, may I add that he is white. I am not placing judgement because maybe he has changed and is now able to live in our society. But everyone keeps screaming "illegal" but come on people "illegal" has nothing to do with this. We have people in our country who hurt children and I guess all we scream is "pervert" at these people right? Come on. If the Govt. would stop holding threats over these people and embrace them, educate them, help them to fulfill the reason they want to be in our country so bad, then maybe we could all start living in unity. I pray for the Clark family, I am so sorry the babies have to deal with this. May God Bless your family. "

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