Ever Valles, 19, was arrested in October for multiple charges, including possession of a weapon, vehicle theft and eluding. The Immigration and Customs Enforcement agents (ICE) flagged him to be detained with the expectation that when he was released by Denver jail officials, ICE agents would be notified and then would take Valles into federal custody.
From Denver Post:
“The detainer wasn’t honored,” ICE said Friday night in a statement. “He was released by the jail on Dec. 20, 2016, without notification to ICE.”
Denver jail officials said Friday they sent notification of Valles’ impending release by fax to the local ICE office at 11:33 p.m. Dec. 20 after Valles posted $5,000 bond earlier in the day. Valles was then released from jail at 11:59 p.m.
ICE officials, however, said they didn’t receive the fax until 12:37 a.m. on Dec. 21, an hour after jail officials said they sent the fax and 30 minutes after Valles walked free.
“The Denver Sheriff Department balances the rights of persons in our custody with requests from other jurisdictions,” it said. “But we are part of the criminal justice system and do not hold people on civil matters.”
According to ICE, Valles is a known gang member and a citizen of Mexico. He was made an ICE priority due to his criminal history and gang affiliation. On Friday, he and his partner, Nathan Valdez, were arrested in a violent crime on the Denver-Lakewood border, which resulted in murder of the first degree. Had Valles been properly handled, this tragedy would never have occurred.
“On Friday afternoon, Denver District Attorney Beth McCann formally charged Valles and Nathan Valdez, both 19, in connection with the shooting death of 32-year-old Tim Cruz at an RTD station on the Denver-Lakewood border earlier this month. Both have been charged with one count of murder in the first degree-robbery, murder in the first degree-kidnapping, second-degree kidnapping and second-degree kidnapping-gun. Valles was charged with four counts of aggravated robbery-gun while Valdez was only charged with two counts. Valdez was additionally charged with murder in the first degree.”