Extraditions of accused criminals are permitted under a 1978 treaty between the United States and Mexico, but the Mexicans do not cooperate if the crime carries a possible death sentence or even life in prison without possibility of parole.
Surely that’s why Raul Gomez-Garcia headed for the border after Denver Detective Donald Young was shot and killed while providing security at a party.
Gomez-Garcia was suspected of pulling the trigger, and before he could be picked up and charged, he was gone. In the four months since, law-enforcement officials on both sides of the border have worked two countries’ legal systems to prepare for Gomez-Garcia to face justice. We’re glad to see that a significant hurdle has been cleared and that day is apparently drawing closer.
The Mexican Ministry of Foreign Affairs issued an extradition order Thursday, following delicate negotiations with U.S. authorities. Gomez-Garcia, a Mexican national, fled to Mexico after the fatal May 8 shooting of Young, and faces charges of second-degree murder in his death and first-degree attempted murder in the shooting of Officer John Bishop at a southwest Denver social hall.
Young and Bishop were in uniform and working off-duty security at a baptism party when Young was shot three times. Bishop also was shot but wasn’t critically injured.
Gomez-Garcia, 20, was arrested by Mexican authorities June 4 in Culiacán after an intensive manhunt.
If Gomez-Garcia appeals extradition to Mexican courts, it may be months before he can be brought to Denver to face trial on charges of second-degree murder and attempted first-degree murder. As crimes of violence, these charges carry 48-year maximum sentences on conviction.
Colorado law permits consecutive sentences in incidents with multiple victims. Theoretically, in this case, that could add up to a 96-year sentence, with eligibility to apply for parole after 72 years.
Denver District Attorney Mitch Morrissey didn’t charge Gomez-Garcia with first-degree murder because it would have jeopardized extradition.The DA, with help from the U.S. State and Justice departments, dealt realistically with a ticklish situation in a fashion that addresses Mexican legal concerns and can still produce a harsh penalty if Gomez-Garcia is convicted.
