A former Aspen High School standout is in Pitkin County Jail, being held on orders from U.S. Immigration and Customs Enforcement (ICE).
Thomas Machado, who is 26 and originally from El Salvador, was found by Basalt police on Wednesday, intoxicated and unconscious in the roadway outside of Stubbie's sports bar.
When police ran his name through their database, they found a warrant for Machado out of Pitkin County.
He had been convicted of felony theft in 2005 for stealing from the Gap in Aspen while working there. He complied with the terms of his probation until February 2006, when he stopped reporting to probation appointments, and failed to pay court-ordered restitution to the store.
Machado had no contact with police, probation or court authorities for almost 18 months.
"You disappeared from the system for some time," said Judge James Boyd on Monday in district court, where Machado pleaded guilty to violating the terms of his probation.
When Judge Boyd asked if he wanted to say anything, Machado, in an orange jail jumpsuit with his head bowed at the defendant's table, said simply and somberly, "No."
Machado was the president of Aspen High School's 2002-2003 senior class and went on to Mesa State University.
It is unclear what his current citizenship status is, but ICE authorities placed a hold on Machado after his arrest. He will be held in the county jail until immigration authorities take him to a detention center in the Denver area.
Deputy district attorney Tony Hershey said he and jail supervisor Billy Tomb had tried to get ICE to lift the hold, to no avail. "Who knows how long he's going to be detained in Denver?" Hershey asked during the hearing.
"It's sad," the prosecutor later added, "because he had a chance and he blew it."
Judge Boyd sentenced Machado to the five days he had already served on the probation violation, but he will not be allowed to leave the jail until federal authorities pick him up.
"His involvement with the criminal justice system begins and ends today," said public defender Garth McCarty, who represented Machado but was unfamiliar with the case until Monday's hearing. "But today also begins the nightmare of dealing with immigration authorities and likely ending with him going back to a country he hasn't known [since he was a teenager]."
andrew@aspendailynews.com
Comments
ICE HOLD
If he was convicted before of a felony was his current citizenship status checked back then? If he was on a Visa before, why was it not taken away when he was convicted? Do we want people who commit crimes having the privilege of being here?