June 22, 2018 UPDATE: MOBILE, AL (WALA) -The man accused of killing a Daphne woman with his truck in March -- and who had previously been deported twice -- has plead guilty to federal immigration and gun charges. As part of the factual resume for the guilty plea, Moore announced, the United States established that on March 25 officers of the Fairhope Police Department encountered DeLeon at a laundromat in Fairhope. Officers were in the area looking for a maroon truck that had just struck and killed a bicyclist moments before. DeLeon was still sitting behind the steering wheel in the truck with a Mexican driver's license in his pocket, according to Moore. An officer observed a firearm -- a 9mm Glock pistol -- lying in plain view on the front passenger floorboard of the truck, a new release from Moore's office states.In court proceedings, DeLeon admitted that he is a citizen of Mexico and that he was in the United States without permission.
May 4, 2018 UPDATE: The Defendant Jose Luis Alonso-de Leon waived his right to a preliminary hearing in Baldwin County District Court yesterday, May 3, 2018. His cases will now be presented to a Baldwin County Grand Jury for consideration.
After writing about the Tragedy of poor Meredith Baxely, I was hoping we would never see the scenario unfold again. Unfortunately, it did.
By now, most have heard of the tragic story of Amy Hawkins who was struck and killed while cycling on County Road 13 in Baldwin County. We were shocked to learn that the driver left the scene of the accident, had been deported twice, and was found to have a stolen pistol in his vehicle. ICE currently has a hold on him, and as such he is under a NO BOND.
What has not been widely reported, and what may shock many of you, is that Amy Hawkins was hit and injured by another drunk driver in Daphne on December 8, 2015. According to the accident report, Amy Hawkins and her passenger (UNIT 2) were stopped at red light in the east bound turning lane of Highway 98, when a drunk driver (UNIT 1) who was travelling west on U.S. Highway 90 lost control of her vehicle, crossed the west bound lanes of US Highway 98, went over the median, and slammed into the rear side quarter panel of Amy's car.
The drunk driver continued over the east bound lanes and went over the embankment, and into the wooden boardwalk of alligator alley. The accident report reflected that both Amy and her passenger complained of pain but refused medical attention at the scene.
Daphne police arrested UNIT 1 for DUI.
More on Amy Hawkins below as the local Cycling community remembers Daphne woman killed in hit and run FOX10 News WALA
Defendant Jose Luis Alonso-de Leon
Jose Luis Alonso-de Leon is charged with Manslaughter, Leaving the Scene of an Accident (LSA) with injuries, and Receiving Stole Property Third Degree (stolen firearm found in his vehicle).
A look at his current charges reveal the manslaughter allegation is based on the allegation that he operated his motor vehicle while DUI and passed a car in a no passing zone and collided with Amy.
The felony LSA with injury complaint alleges that the defendant failed to remained at the scene of the accident after he passed in a no passing zone and collided with Amy and that he left the scene.
The Receiving Stolen Property, 3rd charge alleges that authorities located a Glock 26, 9mm Pistol in the defendant's vehicle. This gun was reported stolen. The location of this offense, seems to indicate that County Road 13 near fly creek is where the defendant was taken into custody after he fled the scene.
According to Baldwin County Chief Assistant District Attorney Teresa Hines, Jose Luis Alonso-de Leon has some 7 different aliases, maybe more. This means we may never know the complete criminal history in the United States. However, we do know that De Leon, has a prior DUI arrest and conviction in Baldwin County.
The details of the prior DUI are troubling. According to the Uniform Traffic Ticket and Complaint (UTTC), an Alabama State Trooper pulled De-Leon over on August 21, 2010 (a Saturday) at 2:25PM for improper lane usage. The deputy noticed a bud light bottle open in the back seat as well as a 12 pack of bud light.
Suspecting the driver was under the influence of alcohol, the deputy asked the driver to perform standardized field sobriety tests (FSTs). According to the deputy, the driver did not understand. The driver admitted to having consumed "3-6 beers." A portable breath test revealed his BAC was 0.25 (admissible only to show the presence of alcohol and in support of probable cause to arrest). After he was arrested, the driver blew a .20 on the Drager breath test (admissible in court). A driver is presumed under the influence at .08.
The driver, Jose Luis Alonso-de Leon, was ultimately cited and/or arrested for DUI, No Driver's License, Improper Lane Usage, No Insurance, Failure to Provide Proof of Vehicle Registration, and Open Container. He pled guilty to and was convicted of the DUI offense.
Looking at this case through a political lens, it is easy to see this as yet another instance of our country's failed immigration policy. An illegal twice deported allegedly drives drunk, charged with killing one of our citizens, and leaving her. However viewing through the lens of a criminal prosecution, it would be a huge distraction to let a political sideshow overshadow the administration of justice. Furthermore, if this case becomes about a twice deported illegal who committed a homicide and the local community becomes enraged to the point that the defendant cannot get a fair trial, do we really want the defendant tried in another county? Such pretrial publicity would be a gift to the defendant and virtually assure the defendant a trial outside of Baldwin county. The expense of such a trial would be great, and the toll on the orderly administration of justice in Baldwin County even greater. It would be wise to guard against the impulse many many have to light the torches and sharpen the pitchforks. The defendant's fate should rely in the hands of a Baldwin County jury, after all the evidence has been presented, and after he as been afforded due process of law.
The pride of our nation is an orderly and impartial system of justice. This means affording an accused due process. These unique features symbolize our commitment to our rich traditions and heritage that should apply here. The accused is and should be presumed innocent. He should and will have an attorney to ensure his rights are protected. He should and will be afforded the same rights any accused faces. He should be tried on the facts and on lawfully admitted evidence. So when you hear people complaining about this, remind them that this is what makes America great, and also more importantly, it is what keeps us all safe.
Who then speaks for the victims in these cases? The answer is simple- you do. If you are a friend or family member share a story. I never met Ms. Hawkins, but she sounds like the type of person who touched countless lives for the better, and whose death was one that could have been avoided. I was hoping we would never see another Meredith Baxley, but here we are.
Bike Ride Tribute planned for woman killed in Fairhope
Memorial Ride in honor of Amy Hawkins
Matt Green and his associate Darrin Thompson represent personal injury and victims of DUI. Matt served as a municipal court traffic court judge in the City of Mobile and the City of Saraland for nearly a decade. Before that Matt prosecuted major felonies, traffic homicides, and violent crimes in the Baldwin County District Attorney’s Office. He teaches trial advocacy to Mobile Police Cadets and speaks to the Mobile County Court Referral Victim Impact Panel. Matt also fights for free speech, economic liberty, due process, and the American way. He may be reached at 251.434.8500 or by e-mail at email@example.com
Meredith Baxley piece below:
Memorial Service Planned for Meredith Baxley (WKRG)
The Alabama State Bar, Rules of Professional conduct, Rule 7.2 (e), requires the following language in all attorney communications: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.