RICHMOND, VA (WWBT) – Carlos Montano is accused of killing a Richmond nun in a drunk driving accident. Tonight a "Watch Dog" group wants the government to fess up on why this illegal immigrant was allowed to stay in the country.
A public interest group, called Judicial Watch, is suing the Department of Homeland Security for more information on 23-year-old Carlos Montano, specifically, the agency's investigation into how he was able to stay in the country despite two drunk driving convictions.
The president of Judicial Watch say he's hoping the lawsuit will encourage the government to turn over its investigation, but he says he's also prepared to take this fight before a Federal judge.
Police say Montano drove drunk and crashed into a car head-on. Sister Denise Mosier was killed. Sisters Charlotte Lange and Connie Ruth were seriously injured. All three worked at St Gertrude's school in Richmond. Montano entered the country illegally as a child from Bolivia. This was his 3rd DUI charge, and it prompted the head of Homeland Security to order an investigation.
"Why is it that this individual was still out driving? He was in removal proceedings. Why were the removal proceedings taking so long?" said Secretary Janet Napolitano in August a day after the crash.
The results have never been made public, despite Freedom of Information Act Requests.
"We wanted to get access to that report, to "A" make sure we know what went on and "B" make sure it won't happen again." Tom Fitton is President of Judicial Watch, a public interest group that investigates government corruption.
Judicial Watch is now suing the Department of Homeland Security to force it to reveal the records.
"There's no good reason to withhold it from the American people," said Fitton.
According to the Washington Post, the "Montano report" is complete, but Homeland Security does not plan to make the results public.
"I think this is embarrassing. Clearly something went wrong. This person had been convicted at least twice of drunk driving charges. He's supposed to be deported, yet he's releases and for two years he's out there on the streets," said Fitton.
Carlos Montano is facing several charges including felony murder. He goes on trial in March. The two Richmond nuns that were injured are out of the hospital, but still recovering with the help of extensive physical therapy.