A man suspected in a Denver murder this month was released from the Denver County Jail in December after ICE officials flagged him as an “immigration enforcement priority.”
Ever Valles, 19, was arrested on Oct. 20 in Denver and held on multiple charges including possession of a weapon, vehicle theft and eluding.
ICE tagged a “detainer” notice on Valles, with the expectation that when he was released, ICE would be notified by Denver jail officials. ICE agents would then be at the jail to take Valles into federal custody.
“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.
ICE officials described Valles as a “citizen of Mexico” and a “known gang member.”
“Due to his criminal history and gang affiliation, Valles is an ICE immigration enforcement priority,” the statement said.
The sheriff’s department also released a statement Friday night.
“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.”
The sheriff’s office also said it indeed notified ICE before Valles was released from the jail.
“Denver has never and will never advocate for felons to remain on our streets — immigrants or not,” the sheriff’s release said.
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.
Both are accused of robbing and shooting Cruz at gunpoint at the 12th and Sheridan light rail station at about 1 a.m. on Feb. 7. Police arrested Valles the next day on a parole violation. Valdez was arrested on Feb. 10.
Valles and Valdez are scheduled to appear in Denver District Courtroom 5D on Feb. 21 at 1:15 p.m.
