Pasadena police handed Oscar Carrillo over to federal immigration authorities on Thursday, after the man called 911 and lied to police about being robbed at gunpoint. Officers later shot and killed one of the alleged assailants, teen Kendrec McDade, who turned out to be unarmed.
Carrillo was initially held by Pasadena police, but was transferred when federal authorities realized he was in the country illegally. However, Carrillo was later released by Immigration and Customs Enforcement (ICE) at the request of the Pasadena Police, pending criminal justice proceedings, but put on an electronic monitoring device.
Immigration authorities were in the process of deporting Carrillo, but that is now being postponed.
So far, the Los Angeles County district attorney has declined to file involuntary manslaughter charges against Carrillo. The D.A.'s office continues to investigate the fatal shooting of McDade and could file charges in the future.
What happens if he's not charged at this time and is then deported? "Should the D.A. find later they want to charge him, it will be almost impossible for them to do that because he will be out of the country," said ACLU of Southern California attorney Jennie Pasquarella. "But also if they want to use him as a witness in any case or investigation that they pursue, they won't be able to do that either."
Carrillo was working at a Pasadena cell phone company and is believed to have family in the city. Carrillo has two children who are U.S. citizens, aged 3 and 8 years old.
Immigration authorities first deported him back to Mexico six years ago, but he illegally re-entered the United States. He's originally from Tijuana.
Carrillo's attorney says Carrillo cried and was devastated when he learned McDade was shot and killed by police.
This story has been updated.