A 23-year old Mexican citizen is headed for prison in the August death of a young boy. On August 31, 2006, Sgt. Delmar Browning, of the Boone County Sheriff’s Department was called to a two-car accident near Sylvester. When he arrived, he found at least one passenger had not survived.

According to his report, Christian Javier Sanchez-Rubio was traveling at a high rate of speed on Route 3, and cross over the centerline. Accident reconstruction reports said his truck was left of center for 427 feet before he hit a truck driven by Terry Evans, of Raleigh County. In the truck with Evans were his two sons, Micah and Tyler. Tyler, age 4, died at the scene.

Investigators soon discovered that Sanchez-Rubio, an undocumented alien, was legally drunk, was likely racing with another man when the accident took place. Sanchez-Rubio was indicted on multiple charges in the accident this year.

Last week, the man was before Judge William Thompson for a hearing when his attorney informed the judge he wished to plead guilty.

Sanchez-Rubio entered a guilty plea to the felony charge of DUI causing death. This count refers to the death of Tyler Evans. He also admitted guilt in the misdemeanor charge DUI causing injury. This is in connection with the injuries inflicted on Tyler’s brother, Micah.

In return, the court agreed to drop counts three through eight of the January indictment. The two counts Sanchez-Rubio entered guilty pleas to will be served concurrently. This means that the man will not be forced to serve his full sentence on one charge before serving the sentence for the second count.

Thompson immediately sentenced him to a term of 1-10 years in prison.

Boone County Assistant Prosecuting Attorney Parker Bazzle said his office was not pleased with the plea agreement, but in order to spare the family the heartache of enduring a long trial, it was felt to be the best avenue to settle the matter once and for all.

“We charged everything we could in the case,” Bazzle told CVN. “The minimum he will have to serve will be at least a year, before he can come up for parole.” Bazzle said, however, that his office would oppose any early release for the man.

The one question that remains unanswered is, will he soon have a year in custody. Sanchez-Rubio was arrested in early September 2006, and has been in custody ever since. This coming September, he will have credit for one year in custody. Theoretically, at that time, Sanchez-Rubio could be up for a hearing before the state parole board. “As I said, our office, and the family will oppose an early release for him if that happens. If he is initially denied, the man will have to wait another year before he can petition for release.

Even though Sanchez-Rubio could conceivably be released this September, or years from then, his troubles are far from over. Since he is an illegal alien, the Federal Immigration and Customs Enforcement Agency (ICE), has placed a detention order on him. At whatever point he is released from state custody, he will be turned over to ICE Agents to face either federal charges, or deportation to Mexico.