Suspect in Mesa QT killing faced deportation proceedings

The man accused of gunning down a Mesa convenience-store clerk over a pack of cigarettes was facing deportation proceedings but had been released from federal custody on bond, authorities said Monday.

Federal immigration authorities launched the proceedings two years ago against Apolinar Altamirano, but he was released on a $10,000 bond shortly after his conviction on a burglary charge.

While Altamirano, 29, was out of custody, two injunctions against harassment were issued against him by a Mesa Municipal Court judge. "I am in fear for my life," one woman wrote, adding that Altamirano had threatened to kill her "plenty of times" and pointed a gun at her boyfriend, according to court records.

The latest order was served on Altamirano on Jan. 19. Three days later, he was accused of first-degree murder in the slaying of Grant Ronnebeck, 21, a Quik Trip clerk who was shot to death after Altamirano dumped a jar of change on a counter at 4 a.m. and demanded a pack of cigarettes, according to police.

Ronnebeck initially told Altamirano that he needed to give Ronnebeck the money before he could give him the cigarettes, but Altamirano responded, "You're not gonna take my money," and pointed a gun at the clerk, the document said.

Ronnebeck was handing over the cigarettes to Altamirano when a surveillance video captured Altamirano fatally shooting him and later stepping over his body to grab two packs of cigarettes, according to the court document. Police say they found the cigarettes when they took Altamirano into custody after a high-speed chase at 19th Avenue and Buckeye Road in Phoenix.

In statement released Monday, U.S. Immigration and Customs Enforcement acknowledged that Maricopa County Superior Court had informed the agency about Altamirano, that he had been taken into custody and was released pending the outcome of his case in immigration court.

Altamirano had pleaded guilty in 2012 to a reduced charge of facilitation to commit burglary and placed on two years of supervised probation, even though he had claimed ties to the Mexican Mafia after entering a woman's apartment in Mesa after Mesa police had arrested her boyfriend on drug charges, court records show.

"U.S. Immigration and Customs Enforcement (ICE) assumed custody of Mr. Altamirano on January 3, 2013, following his conviction by the Superior Court of Arizona, Maricopa County, for Facilitation of Burglary in the Second Degree," the ICE statement said.

"After reviewing his immigration and criminal history, which showed only this conviction, ICE determined that under applicable law, Mr. Altamirano was eligible for bond. Mr. Altamirano posted a $10,000 bond on January 7, 2013. Mr. Altamirano's removal case was still pending with the immigration courts at the time of his most recent arrest."

Liz Chatham, former chairwoman of the Arizona Chapter of American Immigration Attorneys, said she does not specialize in deportation law, "but generally speaking, yes, there is an incredible backlog in the immigration courts."

She said it is not unusual for an immigrant accused of being in the U.S. illegally to wait two or three years for a hearing. She noted that the bond in Altamirano's immigration case is very high, likely because of his prior conviction.

Jessica Vaughan, director of policy studies for the Center for Immigration Studies, said the case is an example of an Obama administration policy where ICE sets a very high standard for which undocumented immigrants are held in custody and is more apt to release people awaiting immigration court hearings.

"There's no logical reason for ICE to let people like that out of custody instead of sending them home," Vaughan said. "If they had kept him in custody they could have deported him much for efficiently."

By releasing convicted felons like Altamirano, "they are playing Russian roulette with public safety," she said.

Jerry Cobb, a spokesman for the Maricopa County Attorney's Office, said he cannot respond to questions regarding Altamirano because his murder case is pending prosecution.

"In the overwhelming majority of cases involving a first-time non-violent felony or even a second non-violent felony, it is very rare for a defendant to receive a prison or jail sentence," Cobb said.

A presentence report in the 2012 burglary case said Altamirano was born in Mexico and came to the U.S. when he was 14 years old. It said he had been married to the co-defendant in the burglary for nine years and they had two children. It also said Altamirano never attended school in the U.S. and the highest grade he completed in school was fifth. He had been working as a landscaper prior to his arrest.

A probation officer recommended supervised probation but not jail time, even though she expressed concern about Altamirano's "possible involvement with drug sales."

She wrote, "He is also in the United States illegally and he is involved in criminal activity."