PHOENIX (LAWFUEL) – Salvador Vivas-Diaz, 50, of Mexico, charged in Superior Court earlier this week with the death of Phoenix Police Officer Shane Figueroa was charged today in U.S. District Court with Illegal Reentry after Deportation. Vivas-Diaz is currently in the Maricopa County Jail. A federal warrant was issued for his arrest in order for him to make an initial appearance in federal court. The initial appearance will occur once he is arrested on the warrant.
The complaint alleges that after Vivas-Diaz was booked into Maricopa County Jail on aggravated assault and manslaughter charges, Sheriff’s Deputies trained to determine alienage found Vivas-Diaz to be a Mexican citizen in the U.S. illegally. They then alerted U.S. Immigration and Customs Enforcement officials.
Immigration checks revealed that Vivas-Diaz was ordered to be removed from the U.S. by an Immigration Judge on June 29, 2004. According to the complaint, Vivas-Diaz admitted that he entered the U.S. illegally on August 15, 2007.
A criminal complaint is simply the method by which a person is charged with criminal activity and raise no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
If convicted of the charge of Illegal Reentry after Deportation, Vivas-Diaz could face a maximum federal prison sentence of two years in prison, $250,000 fine or both.
The investigation in the federal case was conducted by U.S. Immigration and Customs Enforcement with assistance by the Maricopa County Sheriff’s Office. The federal prosecution is being handled by Brian E. Kasprzyk, Assistant U.S. Attorney, District of Arizona. The investigation in the State of Arizona case is being handled by the Phoenix Police Department and is being prosecuted by Deputy County Attorney Allister Adel of the Maricopa County Attorney’s Office.
MAG NUMBER: 08-6373M
RELEASE NUMBER: 2008-285(Vivas-Diaz)
