A witness to murder case who was deported to Mexico was also supposed to be sentenced in an unrelated case.
NBC 4 reported Wednesday that Immigration and Customs Enforcement (ICE) in Detroit deported Daniel Mercado, who was a witness in a murder case against 20-year-old Jaime Gallegos.
NBC 4 learned Thursday that Mercado was also supposed to be sentenced in an unrelated breaking and entering case before he was deported to Mexico.
The case has led to an ongoing verbal he-said-she-said between the ICE and the Franklin County Prosecutor's office.
Mercado was the key witness in the case against Gallegos, who was charged in the Christmas Eve murder of Miguel Martinez-Vargas along with Juan Mercado Villanueva outside the El Gato Negro bar on Shady Lane on the south side of Columbus. Without Mercado, the state didn't have a case against Gallegos and he was released from jail.
Franklin County Prosecutor Ron O'Brien said he followed all the proper steps to keep Mercado in the country even though he was an illegal immigrant. ICE said he didn't, but court records appear to back up O'Brien.
In one document, it is stated that "Unbeknownst to the State, Mercado was deported on April 12, 2010. The prosecutors attempted on numerous occasions to obtain information regarding Mercado's immigration status and were not advised of Mercado's deportation until May 6, 2010."
In another court filing, it is stated that "Beginning April 2, 2010, Franklin County Assistant Prosecutor Lowe was in contact with Steve Kemmerling of ICE who informed Prosecutor Lowe that it would be noted in their computer that Mr. Mercado was a witness in a homicide."
O'Brien said he doesn't want to turn the case into an ongoing argument with ICE, but wants to take steps to ensure it doesn't happen again.
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