Judge finds undocumented immigrant guilty of motor vehicle homicide

Posted at 1:06 PM, Mar 03, 2017
and last updated 2017-03-03 19:23:51-05

Douglas County District Court Judge Horacio Wheelock found undocumented immigrant Orling Carrasco-Zelaya guilty of motor vehicle homicide for killing his friend Margarito Nava-Luna while drunk. 

The government was already in the process of trying to deport Zelaya because of previous drunk driving offenses.

After 5 days of evidence and testimony Carrasco-Zelaya doesn't show any emotion knowing he's responsible for killing his friend.

Nava-Luna's family says it’s been an emotionally draining week.

"To be honest I really don't know how to say it.  It was a loss for both sides because this is not going to bring what we need, but hopefully he deserves what he gets,” said Nava-Luna’s stepson, Manuel Medina.

On April 16 the men were on surveillance drinking at Bogie's Bar & Grill near 108th & W. Maple Rd.  Video shows them leave together.  Then Nava-Luna is found dead minutes later at 104th & Manderson Plaza.  His blood and tissue were found underneath Zelaya's GMC Acadia.

“All the evidence that the court heard proves beyond a reasonable doubt that Margarito Nava-Luna was backed into and run over by the GMC Acadia that was driven by Orling Carrasco-Zelaya,” Judge Wheelock explained.

In closings arguments, prosecutors pointed at the moment police told Zelaya his friend was dead.

"He dropped his head and let out a big sigh, didn't ask why, where, when, what happened to my friend Margarito because he knew already that he had killed him,” Douglas Co. Deputy Prosecutor Ryan Lindberg described.

Carrasco-Zelaya will be held without bond until his sentencing which is scheduled for May.  He faces 1-54 years in prison.

This is the first felony verdict filmed on camera in Douglas County District Court.