Immigration authorities remove holds on two suspects in Gert Boyle kidnap case (The Oregonian)

Immigration authorities remove holds on two suspects in Gert Boyle kidnap case
Published: Wednesday, December 01, 2010, 5:17 PM Updated: Wednesday, December 01, 2010, 5:53 PM
Rick Bella, The Oregonian

Federal immigration authorities have lifted holds on two of the three foreign-born suspects held in a kidnap-for-ransom plot that targeted Columbia Sportswear Chairwoman Gert Boyle.

An investigation determined that the two men were in the United States legally at the time of their arrest, but federal officials would not discuss any of the suspects' specific immigration status. The third suspect remains under an immigration hold and is not eligible for bail.

"The two did not meet the threshold for removal, so the detainers were dropped," said Lorie Dankers, spokeswoman for U.S. Immigration and Customs Enforcement, commonly referred to as ICE.

None of the men appears to have a criminal record. If convicted of crimes, the two men cleared of immigration holds could become eligible for deportation. Meanwhile, all three remain in the Clackamas County Jail, charged with kidnapping, criminal conspiracy, burglary and robbery.

Two ICE agents work full-time at the jail. If a suspect raises red flags, ICE agents begin an independent immigration investigation parallel to the state's criminal justice process. However, as Dankers explains, it can be difficult to determine immigration status because of insufficient documentation. Some suspects may not know their immigration status and some may not be certain where they were born.

If ICE agents find a suspect "removable," the inmate is taken to the federal Northwest Detention Center in Seattle for adjudication. Appeals can delay a final decision for as long as two years.

U.S. Immigration and Customs Enforcement stepped up such efforts after the 9/11 terrorist attacks. Clackamas County officials instituted additional jailhouse screening in 2007, after a Mexican national who illegally remained in Oregon after a drunken driving conviction killed a 15-year-old girl in Milwaukie.

The kidnap case began, Nov. 10, when a man followed Boyle, 86, into her garage after she returned home. After a confrontation, the man shoved her into the house, demanding money and jewelry. Boyle was able to push a silent panic button, and the assailant ran when police arrived.

Police arrested Nestor Gabriel Caballero Gutierrez five hours later and arrested two additional suspects over the next five days.

Nestor Gabriel Caballero Gutierrez, 39, of Aloha, alleged to be the ringleader. Bail for Gutierrez, born in Honduras, is set at $500,000.

Caballero Gutierrez, formerly ran an advertising agency producing Spanish-language commercials and helped companies such as Portland General Electric, Safeway, Dick Hannah Dealerships and Pacific Power to connect with the Latino market. However, Caballero Gutierrez, married father of four, suffered serious setbacks, eventually losing his home to foreclosure.

Ramon Alberto Midence, 41, of Beaverton, also held on $500,000 bail. Midence, married father of three, runs Ram's Auto Repair in Aloha. He also was born in Honduras. Prosecutors contend he drove Caballero Gutierrez to Boyle's home, then waited down the street.

Jose Luis Arevalo, 47, of Beaverton. He is estranged from his wife, who also lives in Beaverton. Arevalo, reportedly born in Guatemala, told investigators that he offered the use of his van and agreed to serve as a driver for $20,000.