According to records obtained from the Warren County Justice Center, Rogelio Gonzalez-Pacheco had an arrest record for DUI in 2003. He also had citations for having a fake ID, and not having a license or insurance. He was also an illegal alien.
Warren Circuit Court Judge Steve Wilson says being an undocumented worker is not illegal under the state law, because it's a federal offense.
Judge Wilson says when undocumented workers enter the courtroom, there are two choices, send them to jail for their offense or release them.
"If they're released, the INS or the federal government would have to at that time pick them up and have deportation. If they do not do that, they would have to be released," said Judge Wilson.
Judge Wilson says when he was the Warren County Commonwealth Attorney, he noticed if the undocumented person committed a felony the federal government would begin the deportation process. He says if it was a minor offense, they usually were not deported.