Missing and Murdered Children

Alejandra Gutierrez was reported missing on December 8, 2005 after not returning home from school that day. Her mother watched her walk down the street towards her school bus stop at approximately 9:50 a.m. and that is the last time anyone saw her alive except for her alleged murderers. Extensive searches of the area failed to locate Alejandra.

A seemingly unrelated crime was reported to police during the early morning hours of December 13, 2005. Simon Rios a thirty-three-year-old illegal Mexican National called 911 to report that he had murdered his wife and their three children.

When police arrived Rios told them that he and his wife had argued about him doing household chores so he struck her with a pipe on her head, strangled her and then strangled their three children. Police found the four bodies lying on the bed where Simon Rios had positioned them. Simon Rios was arrested and charged with the murder of his family.

While incarcerated in the County Jail, Simon Rios indicated to authorities that he knew where they could find the body of the then missing 10-year-old Alejandra Gutierrez. As it turns out Alejandra had been a classmate of Rios’ daughter the previous year and the bus stop was two houses from the Rios home.

Rios eventually told authorities that he and seventeen-year-old Juan Rosales dragged Alejandra into his van. Juan Rosales raped Alejandra, and then he raped her. They eventually dumped her body in a remote location in another county. Her body was located based on the information given to authorities by Rios. When authorities found the body it was frozen. The Coroner had to wait a few days for the body to thaw before an autopsy could be performed.

This is a gruesome story to say the least. I read the story about Rios’ first court appearance and this case made me angrier. I read how he was provided with a Spanish language interpreter because he does not understand or speak English. I read how he was informed of his right to receive assistance and counsel from the Mexican Consulate because of his status in this country as a Foreign National.

I did some research on the internet regarding Rios’ rights as a Foreign National and I was surprised to find out that he is protected under the Vienna Convention on Consular Relations, Article 36 which reads in part:

“…Article 36 of the Vienna Convention requires the local authorities to promptly inform arrested foreigners of their right to consular assistance. At the request of the detainee, the authorities must notify the consulate of the arrest and permit consular access to the detained national.

Article 36 ensures that all arrested foreigners have the means at their disposal to prepare an adequate defence [sic] and to receive the same treatment before the law as domestic citizens. Consuls are uniquely placed to provide a wide range of essential services to their nationals, including legal advice and assistance, translation, notification of family members, the transferring of documentation from the native country and observing court hearings…

Article 36 procedures were followed during Rios’ first court appearance:

“…Allen Superior Magistrate Schmoll asked Rios a series of questions about his Social Security number and his place of birth. “I don’t have one”, Rios said through the interpreter in answer to the first question, adding he was born in Mexico, making him a citizen of that country. Schmoll advised Rios he has the right to contact the Mexican Consulate in Chicago. Delaware County Deputy Prosecutor Mark McKinney said Monday that Rios is in the United States illegally. The Consulate provides Mexican internationals with legal and political advice, said Rita Vargas, chief of the Department of Protection for the Consulate General of Mexico. She said Consulate representatives will interview Rios today to verify his nationality and offer advice. The Consulate has already paid for the funeral of Rios’ wife and three daughters and the cost to transport the bodies to their family in Mexico.

Prosecutors are researching how Rios’ citizenship status could affect the case, including his eligibility for the death penalty, Richards said. Rios qualifies for the death penalty because the three daughters he is accused of killing were younger than 12…”

The crime of murder is not the first crime that has brought Simon Rios to the attention of authorities. Simon Rios first came to the attention of authorities in May 2003. He entered a guilty plea to domestic battery. Details of the incident as related in the police report:
From fortwaynenewssentinel.com:

“…A police report said officers responded to a battery complaint at 4122 S. Calhoun two days earlier. Casas-Rios told police she was home with Simon Rios when he was drinking and the two argued.

Rios hit Casas-Rios in the head and abdomen, cornered her behind the front door and began to punch her in the head and abdomen, the report said. Officers saw hair stuck to the wall where Casas-Rios was beaten, the report said. Liliana, then 8, saw the fight, police said…

Rios received a one year suspended jail sentence, one year of supervised probation and was ordered to have no contact with his wife. Two months later the no contact order was removed after his wife completed classes offered through Victim’s Assistance and the Center for Nonviolence according to court records.

In February 2002 Rios was found guilty of DUI. He received a suspended 90 day sentence, a one year suspended jail sentence and one year of probation requiring successful completion of a counseling program.

This will sound like a very stupid observation I suppose but I will write it anyway. If Rios was unable to follow the laws of this country or his state of residence why was he allowed to remain in this country? On the two occasions that he was previously arrested didn’t authorities find out on those occasions that Rios was here illegally?

According to definitions of aggravated felonies subject to deportation laws he should have been eligible for deportation when he was charged with the domestic violence offense.

“…Definition of aggravated felony for immigration purposes
INA § 101(a)(43), 8 USC 1101(a)(43) the term “aggravated felony” means…”…a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) for which the term of imprisonment at least 1 year;…”

According to Indiana Code 35-42-2, because Simon Rios was beating his wife in front of a child under the age of 16, knowing the child was present, the domestic battery is supposed to then go from a misdemeanor to a Class D felony.¹

Now, because of the murders of his family members he is accused of and the sexual assault and murder of Alejandra Gutierrez he is definitely eligible for deportation according to the definition of aggravated felony for immigration purposes:
From www.spanishlaw.com:

“…(A) murder, rape, or sexual abuse of a minor…”

I do not have a law degree nor do I have experience with the INS laws. I only wish someone would have tried to make this man leave the United States before he murdered five people. I don’t suppose the death penalty will be sought in the case of Mr. Rios if the Mexican Consulate is involved because the country of Mexico is anti-death penalty. Most likely Mr. Rios will be sentenced to many life sentences. My feeling is that he should be deported to his own country with the understanding he will be incarcerated in Mexico for the remainder of his natural life. Why should he be afforded any more rights as a US citizen? Why should he be afforded rights, period?

Mr. Rios is not the first illegal resident of this country who has committed vicious crimes in the United States and unfortunately he will not be the last. I believe we need to start enforcing our immigration laws more strongly and start deporting the law breakers who are here illegally.