Court Commissioner Ordered Competency Exam For Salas Gayton Before Proceeding With 1-94 Wrong Way Vehicle Homicide Case

Leopoldo R. Salas Gayton

Preliminary hearing rescheduled by Commissioner who ordered competency exam for suspect

By H. Nelson Goodson
January 13, 2011

Milwaukee - On Thursday, Milwaukee County Court Commissioner Barry Slagle suspended the preliminary hearing for Leopoldo R. Sala Gayton, 41, and ordered a competency exam. Gayton was charged with two counts of vehicle homicide while intoxicated in the New Year's Day Interstate highway I-94 wrong way crash death of Corrie A. Damske, 34.
Gayton confessed that he had drank at least 14 cans of beer and his blood alcohol tested .14, almost twice the legal limit of .08 allowed to drive in Wisconsin. He was also seen throwing empty beers cans outside his vehicle, after stopping and making a u-turn and heading eastbound on the westbound I-94 lane near the 20th Street exit. Gayton side slammed into several westbound vehicles and killing Damske.
The Milwaukee County Sheriff's Department released information on Thursday that Damske's autopsy revealed she had a blood alcohol level in her body above the legal limit while driving, but declined to comment further until the investigation is completed.
In court, Gayton's Attorney Heather Johnson told the Commissioner that her client was not competent to stand trial. Milwaukee County Assistant District Attorney Mark S. Williams was ready to proceed with the preliminary hearing and had brought several witnesses to testify against Gayton.
Commissioner Slagle found probable cause, but suspended the proceedings and ordered Gayton to be examined for competency by the Wisconsin Forensic Unit. Slagle rescheduled the hearing until January 20, at 8:30 a.m. in court Branch 19 to review the doctor's evaluation report to determine, if Gayton is competent to stand trial.
Gayton was remanded to the Milwaukee County Sheriff's Department on a $200,000 cash bail bond. Gayton has been unable to post bail.
Gayton, a Mexican national has admitted to being in the country illegally for 13 years and was previously cited twice for driving without a license. The most recent citation was on April 22, 2010, when a Wisconsin State Patrol officer stopped him and gave him a ticket for operating a vehicle without a valid driver's license. Gayton ended up in custody and was later released. He entered an alcoholic rehab center, but resumed to consuming alcohol (beers) on New Year's Day.
A hold by U.S. Immigration and Customs Enforcement has been place on him.
Gayton is facing 25 years in prison and $100,000 fine, if convicted on all charges.
Gayton's case has been used and exploited by Republican conservative WTMJ 620 AM radio talk show hosts Charlie Sykes and Jeff Wagner to push for a similar Arizona SB 1070 law in Wisconsin. The law would allow local law enforcement officials to question and hold illegal immigrants that they suspect are in Wisconsin and in the U.S. illegally during traffic stops or any minor and domestic call investigations.
What Sykes and Wagner should actually push is for stricker laws against drunk driving and harsher penalties in accidents causing death by intoxication and driving. Wisconsin leads with lesser penalties for repeated drunk driving violations and homicide by vehicle while intoxicated related accidents. For example, if a person is busted a third time for intoxicated driving it becomes a state felony.
On January 3, the Wisconsin State legistature in both Houses became Republican controlled, including the Governor's Office. Several state representatives are planning to introduce a similar Arizona immigration enforcement law (Wisconsin Immigration Enforcement Law) in the session beginning this year. The bill, a similar Arizona SB 1070 law is expected to be introduced by Wisconsin State Representative Donald Pridemore (R Hartford). 
Pridemore's Wisconsin version of SB 1070 will allow local law enforcement officers to detain suspects for 48 hours when they come into contact with them in minor or serious infractions of the law, if officers suspect they are in Wisconsin and in the country illegally. If illegal, then undocumented immgrants will be turned in to ICE. Governor Scott Walker (R) has vowed to sign a similar Arizona immigration enforcement law, if passed by the state legislature.
U.S. Hispanics in Wisconsin, civil rights and immigration rights groups have also vowed to filed lawsuits against Walker and the state, if the law is deemed discriminatory and will lead to racial profiling by law enforcement officers.

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WTMJ 620 AM Radio Talk Hosts Criticising Legal System For Doing Nothing To Prevent Illegal Aliens From Driving In Wisconsin

Charlie Sykes

Undocument immigrant had previous convictions for driving without a license, and on New Year's day he drove drunk, crashed and killed a woman.

By H. Nelson Goodson
January 6, 2011

Milwaukee, WI - On Thursday, Conservative Republican WTMJ 620 AM radio talk host Charlie Sykes questioned, What if Wisconsin had a similar Arizona SB 1070 law to detain illegal immigrant drivers? Could it have prevented Leopoldo Salas-Gayton from driving, since he was previously stopped twice and cited for driving without a license in Wisconsin? Sykes implied, that they (illegal aliens) should be stopped like Arizona proposed and told "to get out."
On Wednesday, Gayton, 41, of Milwaukee was charged with driving drunk, going wrong way on I-94 freeway, crashing into and killing Corrie A. Damske, 34, of Wauwatosa on New Year's Day.
Sykes is just one of many conservative radio talk hosts who began questioning what if Wisconsin had a similar Arizona immigration enforcement law. Could it have prevented a fatal accident, if Gayton could have been stopped and detained by police for being undocumented and then turned in to U.S. Immigration and Customs Enforcement (ICE) for processing.
Jeff Wagner another talk host at WTMJ 620 talked about an illegal alien cruising and driving around getting drunk, throwing empty beer cans out the window and then kills a 34-year-old woman on I-94 freeway on New Year's Day. Gayton was found intoxicated almost twice the legal limit of .08. He confessed to drinking 14 beers and had been attending alcohol rehab.
Wagner criticised, the legal system for not doing anything to get him off the road. How many more people are going to have to die by drunk driving illegal aliens, before we do anything about it?, asked Wagner during his show. Gayton had previously been convicted twice for driving without a license in Wisconsin.
On April 22, 2010, Gayton was stopped by a Wisconsin State Patrol Officer and cited for driving without a license for a second time.
Blood pressure going up... we allowed for this guy to go back on the street! This man was a ticking time bomb, they (police) should have checked his immigration status, reported him to ICE and then deported.
A victim who survived Gayton's crash on the freeway called Wagner on the radio. Susan Roedel, one of Gayton's victim agreed with Wagner that Wisconsin should pass a similar Arizona immigration enforcement law to deport illegal aliens. She said, Gayton didn't have auto insurance and asked how he could register a car in Wisconsin without a driver's license?, if he is illegal. Wagner expressed it's time to end political correctness and start deporting these illegal aliens. 
In Wisconsin, multiple fatal driving accidents have occured involving illegal immigrants driving without a license. Local law enforcement should turn over illegal aliens driving without a license when they first come into contact with to ICE, according to Wagner. Wagner was a former U.S. Attorney appointed for the State of Wisconsin. He should know the difference between federal enforcement of immigration laws compared to states adopting their own similar Arizona type of immigration law allowing police to question and detain illegals, which has been challenged by the U.S. Department of Justice.
This was a tragic accident caused by a drunk driver and Wisconsin continues to lead with lessser penalties for intoxicated drivers that drive everyday in state roads, despite Gayton's illegal status. Wisconsin is a state of residents that consumes alcohol and drive, and some whether they are legal or illegally in the country do drive without a valid driver's license.
Last Monday, the Wisconsin State legistature in both Houses became Republican controlled, including the Governor's Office. Several state representatives are planning to introduce a similar Arizona immigration enforcement law (Wisconsin Immigration Enforcement Law) in the session beginning this year. The bill, a similar Arizona SB 1070 law is expected to be introduced by Wisconsin State Representative Donald Pridemore (R-Hartford).
Pridemore's Wisconsin version of SB 1070 will allow local law enforcement officers to detain suspects for 48 hours when they come into contact with them in minor or serious infractions of the law, if officers suspect they are in Wisconsin and in the country illegally. If illegal, then undocumented immgrants will be turned in to ICE.
Governor Scott Walker (R) has vowed to sign a similar Arizona immigration enforcement law if passed by the state legislature.
U.S. Hispanics in Wisconsin, civil rights and immigration rights groups have also vowed to filed lawsuits against Walker and the state, if the law is deemed discriminatory and will lead to racial profiling.

Related article: 41-year-old OWI Driver Charged With Vehicle Homicide For Going Wrong Way On I-94 Freeway Resulting In Death http://bit.ly/hApekw

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41-year-old OWI Driver Charged With Vehicle Homicide While Going Wrong Way On I-94 Freeway Resulting In Death

Leopoldo R. Salas-Gayton

Photo: Milwaukee County Sheriff's Department

Intoxicated undocumented driver had prior convictions of driving without a driver's license in Wisconsin

By H. Nelson Goodson
January 5, 2011

Milwaukee - On Wednesday, Leopoldo R. Salas-Gayton, 41, was charged in Milwaukee County Circuit Court with two counts of homicide by intoxicated use of a vehicle and driving without a license in connection with a New Year's day fatal accident. Gayton was going westbound on the I-94 freeway and passed the S. 35th St. exit when he then made a u-turn and headed eastbound on westbound traffic direction. About half a mile, Gayton struck two vehicles near S. 17th St., according to the Milwaukee County Sheriff's Department investigation.
Gayton told investigators that he drank at least 14 beers and had blacked out before he fatally struck Corrie A. Damske, 34, vehicle at about 7:15 a.m. on New Year's day. Damske of Wauwatosa died at the scene.
Gayton who is recoverying from a leg injury at a hospital admitted to authorities that he had been in the country illegally for 13 years. He tested positive for alcohol with .14 almost twice the .08 legal alcohol limit in his blood, the Milwaukee County District Attorney's Office reported in a criminal complaint.
He was previously convicted on June 15, 2010 for operating a vehicle without a valid license (minor offense), a second conviction within three years. Gayton was cited by a Wisconsin State Patrol officer on April 22, 2010, according to court records.
Gayton is facing 25 years in prison and more than $100,000 in fines, if convicted on the recent charges of homicide by intoxicated use of a vehicle. He will then be subject to deportation after serving his sentence.     

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