A Venezuelan migrant who could have been deported more than two months ago was charged in a late-night drunken car crash in Texas that left a young girl dead.
Chacin, 41, was charged with intoxication manslaughter, a felony punishable by at least two years in prison, for the Dec. 1 crash in north Houston that killed 7-year-old Ivory Smith.
However, this was not the first time the illegal migrant had run-ins with the law; Chacin had already spent 113 days in prison earlier this year for assaulting a family member.
Chacin was arrested for the assault in June and when he was released on September 24, he was taken into custody by Immigration and Customs Enforcement (ICE), court records showed.
However, these records also shockingly indicate that the ICE hold was lifted for some reason, allowing him to walk free — and then allegedly drive drunk.
DailyMail.com approached ICE for comment on why this release occurred.
Fox 26 Houstonthe outlet that broke this story was unable to get a response from ICE’s Houston office as to why the immigration freeze was lifted.
However, the Houston division moved an immigration detainer against Chacin to the Harris County Jail on Dec. 4, three days after the crash that killed Ivory and seriously injured her mother.
Ivory Smith was a seven-year-old girl who died in an alleged drunk driving incident
Joel Enrique Gonzalez Chacin was reportedly behind the wheel of the car that collided with the vehicle Ivory and her mother were traveling in. Chacin is also a Venezuelan migrant who was about to be deported, but never was.
However, the agency offered no additional information.
Andy Kahan, a Houston-based crime victims advocate, was outraged that ICE did not immediately take custody of Chacin in September.
‘Why was that detention lifted when he served his sentence? “If he had held him, without ifs, ands, or buts, you would have had a seven-year-old girl who would still be alive today and a mother who would not have been seriously injured,” he told Fox 26.
Ivory’s family said her mother, Christina Quainoo, is out of the hospital and still recovering from her injuries.
The family released a statement to the media, mourning Ivory and condemning the immigration system for failing to “keep dangerous individuals off our streets.”
“It is with great sadness that we acknowledge the heartbreaking loss of seven-year-old Ivory Giselle Smith. “Her life, filled with innocence and joy, was ended far too soon by the reckless actions of an individual who chose to drive under the influence,” the statement began.
“Ivory’s mother, Christina, continues to suffer immense physical and emotional pain as she recovers from the devastating accident,” the report continued.
“Also, Ivory’s father, Keion Smith, as he spends hours and days trying to be strong for the family.
The family hopes to get justice for Ivory and change the laws surrounding drunk driving to provide stricter penalties
Pictured: the aftermath of the December 1 crash that killed Ivory and seriously injured her mother
Christina Quainoo (photo) was in the car with Ivory during the crash, but survived. A family member said she will have to learn to walk again
“How can a system allow such leniency, where someone with such a criminal record is given the opportunity to walk free and offend again?”
The family also founded one GoFundMe page in the aftermath of the crash. The fundraiser generated more than 480 donations, totaling more than $31,000.
The family hopes to raise $35,000 to support Christina’s road to recovery and their efforts to get justice for Ivory.
Ivory’s aunt, Sharonda Collins, told the story ABC13 that the mother and daughter were on their way home when they were hit by Chacin’s car.
After the devastating accident, Collins said Christina will have to learn to walk again with physical therapy.
‘It’s always the person drinking and driving who walks away, and families are left behind. Laws must change. I’m going to fight to get those laws changed for Ivory,” Collins said.
The family reportedly did not want Chacin to receive bail, but against their wishes his bail was set at $150,000.
He is currently behind bars in the Harris County Jail awaiting his next court appearance. It is unclear if he has entered a plea at this time.