Jose Jesus Vieyra, 56, is charged with criminally negligent homicide in a collision that killed Deputy Craig Miller Thursday night on a Katy Freeway access road.
Although ICE officials originally identified Vieyra as an illegal immigrant, the agency said late Friday that it could not confirm if his visa — issued at a border checkpoint — is still valid.
It is also unclear when or exactly where it was issued. Vieyra's case illustrates the federal government's difficulty tracking foreign visitors.
Vieyra is being held in the Harris County Jail in lieu of $35,000 bail, said Capt. John Martin, spokesman for the Sheriff's Department.
Family, friends and fellow officers mourned Miller's sudden death and remembered him Friday as a funny man and devoted father. Miller, 43, is survived by a wife, Michelle, and two young children.
"If he wasn't a police officer, he would have been a great comedian on Saturday Night Live," said Brenham resident Ross Martella, a friend of Miller's since they attended Stratford High School in the early 1980s. "He was a nice person."
Martella, who works in the oilfield services business, said Miller worked his way up through the ranks, starting as a jailer.
"And if someone called the law on you, you'd have been lucky if Craig was the officer involved," he said. "He was fair and he had common sense and he would listen to both sides."
No sign of drinking or drugs
Authorities said Miller was traveling east on the access road along Interstate 10 West near Mason Road when Vieyra pulled out of a driveway at the Don McGill Toyota dealership.
Vieyra drove across three lanes into the path of the sport utility vehicle Miller was driving, Martin said. The SUV ran into the truck, became airborne and landed on a raised concrete embankment separating the feeder road from the freeway, Martin said.
Firefighters had to cut through the wreckage to get the deputy out. He died before authorities could rush him to the hospital.
"The basis of the charge is that (Vieyra) failed to yield the right-of-way," Martin said.
He said there was no indication that Vieyra was drunk or under the influence of drugs.
Vieyra had a valid driver's license at the time of the crash, Martin said.
It's unclear, however, who owns the truck he was driving Thursday night.
Employees at the McGill Toyota dealership said Vieyra did not work for the company. Dozens of vendors drop off and pick up merchandise and supplies daily at the dealership, the workers said.
Immigration detainer filed
As the investigation continues, officials are working to determine Vieyra's immigration status.
Late Friday, ICE officials said they learned that Vieyra, a Mexican citizen, had entered the country on a visitor's visa.
"Initially I was told he was an 'entry without inspection,' but in the last 15 minutes I've been told he does have a visa with multiple entries," John Gaudioso, deputy special agent in charge of the Houston ICE office, said Friday afternoon. "But we have not seen his passport, or the visa. So it's still under inquiry."
Gaudioso added that an immigration detainer has been filed against Vieyra allowing for his possible deportation.
"Depending on what happens with the county's investigation and prosecution, he could be subject to removal if he is convicted of a crime, and if the crime is considered an aggravated felony," Gaudioso said.
Driver's license clean
Deputy David Crain, spokesman for the Sheriff's Department, said Vieyra's Texas driver's license expires on his birthday in 2014. Crain said the license does not have any restrictions, and there were no traffic violations on his record. Vieyra apparently has no criminal record in Harris County.
There was no response at the home where the Sheriff's Department said Vieyra resides in northwest Harris County.
In Austin, Texas Department of Public Safety spokeswoman Tela Mange said a foreign citizen in the state legally can obtain a driver's license.
The DPS Web site listed more than 25 immigration documents that could be used to obtain a driver's license, including a B1 or B2 visitor's visa, also known as a border crossing card.
To obtain a border crossing card, applicants must submit biometric information including fingerprints and photos, and pass a State Department background check followed by a personal interview.
Late Friday a Harris County Sheriff's deputy sat in a parked squad car outside the Miller home on a quiet cul de sac of brick homes in Katy. He said the family did not want to speak to the media.
Miller, who joined the department in August 1987, was assigned to the Investigative Support Unit in April 2006, Martin said.
"I can't even imagine what the family must be going through," Martin said. "Our thoughts and prayers are with them."
It was the Sheriff's Department's first death in the line of duty since 2002.
Visitation for Miller will be from 4-9 p.m. Sunday, at Memorial Oaks Funeral Home, 13001 Katy Freeway.
The funeral is scheduled for 2 p.m. Monday at Second Baptist Church's West Campus, 19449 Katy Freeway.
100 Club taking donations
The 100 Club is accepting donations to its "Survivor's Fund" on behalf of the deputy's family. The Houston-based organization's fund supports the relatives of officers and firefighters killed in the line of duty.
Contributions can be made through the organization's Web site at www.the100club.org, or mailed to 100 Club Survivor's Fund, 1233 West Loop South Suite 1250, Houston, TX 77027-9107.
Chronicle reporters Lindsay Wise, Dale Lezon and Susan Carroll contributed to this report.
jennifer.leahy@chron
kevin.moran@chron.com
jim.pinkerton@chron.com
Obama is at best a Marxist with an influential wife who is hypersensitive about her race and the perceived injustices she believes it has thrust upon her(eventhough they are both millionaires, fully taking advantage of the only country and system which could possibly get them to this position) . Putting those two in the White House conjures up a scenario that causes icy shivers. Furthermore, the cult that has grown around them will become increasingly radical as each day passes. If there was ever a time for unity, determination and political aggressiveness among conservatives, it is now...........................
whew. since replying to your reply on my posts would end up with a ten foot long extravaganza, i will take one of your re-replies and show you where you are wrong.
His words:"Ah, but you are missing the point. While I do not claim that the RTBA does not exist and citizens should not have that right, I do question what possible good can it come to for civilians to have the right to semi-automatic assault rifle, a fully automatic uzi, or a grenade launcher for that matter. For what, hunting and personal protection? I think not. So while, I can agree that the RTBA exists, I cannot in good conscience agree that that right cannot or should not be abridged in today's modern society. The United States has a professional all volunteer military and no longer a civilian militia. Therefore, I highly question the need for civilians to have the right to own and use this class of weapons. Show me why you need that right." -------
My refute:
""Ah, but you are missing the point."- i believe you had no point expressed here. you threw out the term semi auto, which is just an action type. whether single shot or 5 or 10 or 30. i do not understand why you point out this type of weapon. oh well.
His words:
"While I do not claim that the RTBA does not exist and citizens should not have that right, I do question what possible good can it come to for civilians to have the right to semi-automatic assault rifle, a fully automatic uzi, or a grenade launcher for that matter." -------
My refute of his misleading comment:
OK. grenade launcher. we have to first get our classifications straight here. anything over 20mm is considered ordnance. think cannon. big time boomboom stuff. what we speak of with the 2ndA is in terms of small arms, way different than ordnance, so we can eliminate that part of your comment.
UZI. say oooohzzzeee, sounds ominous don't it? this is a sub machine gun, fully automatic. now in most states a person can own a fully automatic weapon. but they are very expensive, the attrition on the weapon is very high because of its cyclic rate, and you would have to be an armorer to keep it in operating order. plus, you must pay a high FED tax, jump through hoops, etc. it is very prohibitive to own a fully auto weapon.
assault rifle, a fully auto matic weapon. to be an assault rifle, it must have a selector for automatic, single and safe positions. see comment above for more.
so, after we blow the smoke and haze and mis-leading language away, what we have left is semi auto's. an action type that has been around for a century, in pistol form, shotgun form and pistol form.
this type is used for plinking, hunting, selfdefense, and long range target competition. nothing new or dangerous about it.
His words:
"I cannot in good conscience agree that that right cannot or should not be abridged in today's modern society. The United States has a professional all volunteer military and no longer a civilian militia. Therefore, I highly question the need for civilians to have the right to own and use this class of weapons. Show me why you need that right." -------
My words:
If it bothers your conscience, fine. i support you not owning a gun. in fact that might be best for all.
the military has nothing to do with the 2ndA other than to defend it along with the rest of the constitution. your personal safety starts with you, not the 9-1-1 operator. You want me to show you? Look at your copy of the Constitution under 2ndA, you will find it their. A right is a right, not a need. As you have the right not to own, i have the right to own. needs and rights are two different things.
Read:
Makeshift militias patrol neighborhoods
In the Algiers neighborhood of New Orleans, dozens of neighbors banded together to protect their neighborhood.
"There's about 20 or 30 guys in addition to us. We know all of them and where they are," Gregg Harris said. "People armed themselves so quickly, rallying together. I think it's why [our] neighborhood survived."
Harris isn't joking about the armaments. A gun battle erupted one afternoon between armed neighbors and looters. Two of the thugs were shot.
Since then, no more looters have bothered the neighborhood. But the neighbors aren't letting their guard down. They all take their turn keeping watch.
This will, if you can open your mind out of the UN induced thought process in your mind, hopefully help to explain what the militia is to you. 32 million gun owners provide a great deterrent to all kinds of tyranny. the gov can not insure your safety. a 20 round mag out of a well practiced with rifle goes a long way in insuring that.
---------------------He no longer wants to speak with me it seems, since his last post accuses me of being an extremist and partisan, unwilling to cede any point.
My only answer to him would be : Never ever ever ever compromise your values. To do so is only appeasement and leads to the degradation of societies values.
Now, if you will excuse me, I must prepare my gear for an extended outing at my local range.