Man accused in hit and run that killed Escondido boy had been removed from U.S. four times

A 44-year-old man accused in a hit-and-run crash that killed an 11-year-old Escondido boy last week was not authorized to be in the country and had been removed four times previously, immigration officials said.

Hector Amador Balderas pleaded not guilty Wednesday in Vista Superior Court to felony hit-and-run in the death of Aiden Antonio Torres de Paz.

The boy had been playing soccer in the parking lot of the apartment complex where his family lived when he chased a ball onto East Washington Avenue about 5 p.m. Nov. 26. As he headed back across the street, he was struck by a vehicle, Deputy District Attorney Nicole Gerard said during Balderas’ arraignment.

The driver did not stop, Gerard said. Aiden died the following morning, on Thanksgiving.

Balderas was arrested Saturday, three days after the collision. The prosecutor said he turned himself in.

Department of Homeland Security officials said the suspected driver is a Mexican national removed from the U.S. four times — three times in 2004, and again in 2010. DHS also identified him as Hector Balderas-Aheelor.

In court Wednesday, the prosecutor asked to triple Balderas’ bail from $100,000 to $300,000, citing concerns that he could be a flight risk, noting that he fled the crash scene, he is “transient,” and he was born in Mexico.

The prosecutor also noted that Balderas faces up to four years in prison if convicted. Judge Valerie Summers granted the requested increase.

Several of the child’s family members and their supporters attended the brief hearing, many wearing T-shirts with his photo on the front and a soccer ball with angel wings on the back. A family spokesperson said the family did not want to comment Wednesday.

After the hearing, Gerard indicated that a records check on Balderas did not turn up any criminal history.

The spotlight on the case intensified when DHS issued a news release noting that Immigration and Customs Enforcement officials had sought to put an immigration hold on Balderas so they could be notified if he is to be released from county jail — a request generally made so federal agents can take a person into custody before their release from a local jail.

The Sheriff’s Office, which runs the county jails, said that, in accordance with the law, it reviewed Balderas’ criminal history and rejected the ICE request for an immigration hold on him.

The tug of war over Balderas arises from the California Values Act, or Senate Bill 54, which limits cooperation between local law enforcement and immigration agencies, with certain exceptions. Those exceptions include people who have active arrest warrants and those who have been convicted of specific crimes, including certain serious or violent felonies. It was not immediately clear if the charge in this case falls under those exceptions.

In a statement, DHS Assistant Secretary Tricia McLaughlin called on Gov. Gavin Newsom to “do the right thing and honor ICE’s arrest detainer.”

A spokesperson for Newsom said on Wednesday that “nothing prohibits the federal government from doing its job in this case.”

“Unlawfully returning to the United States after deportation is a federal criminal offense and California honors federal criminal warrants,” the spokesperson said.

Immigration offenses can be charged criminally or administratively at the federal level.

Sheriff Kelly Martinez said earlier this year that she is providing limited cooperation with ICE under the state law’s narrow constraints. That cooperation includes transferring people from county jails into federal custody if they have specific convictions on their record or there is a federal judicial warrant for their arrest.

Her stance is at odds with the county Board of Supervisors, which passed a resolution late last year to prohibit deputies from assisting ICE unless there is a warrant or court order. Despite the vote, Martinez insisted that she would continue to follow state law, which still permits some cooperation.