The suspects in the deadly Grapevine Lake jet ski crash are in the U.S. illegally. What's next in the investigation?
Since the suspects in the deadly Grapevine Lake jet ski crash were confirmed to be in the country illegally, federal immigration officials are now involved in the investigation.
The investigation into the watercraft death of Ava Moore is ongoing, according to investigators. The current criminal charges for Daikerlyn Gonzalez and Maikel Perozo do not reflect capital murder.
Contrasting statements from authorities on the severity of charges and immigration proceedings highlight the complex legal and immigration issues surrounding the case.
What we know about the legal hierarchy in the Grapevine Lake jet ski crash:
Texas Gov. Greg Abbott revved up criminal responsibility in the death of Moore. He , "Welcome to Texas. Here's your death penalty."
CBS News Texas pressed Abbott for clarity because the suspects' charges and the facts, as written by investigators, have not reflected a capital crime.
In response to the inquiry, Abbott's press office shared the following statement:
"The State of Texas has no tolerance for heinous criminals who kill Texans. The victim's family deserves swift justice, and the criminal illegal immigrants should be prosecuted to the fullest extent of the law. All Texans deserve protection from unchecked criminal activity."
Moore was killed, according to the Grapevine Police Department and Texas Game Wardens, on May 25. Investigators said Daikerlyn Gonzalez and a passenger, who does not face criminal charges, were riding on a jet ski. Witnesses, police said, told them Gonzalez was speeding and driving recklessly. Investigators said she hit a kayak with Moore in it.
Police said Perozo helped Gonzalez flee the area, allegedly crashing into two vehicles to escape.
A joint investigation led to the arrests of the two Venezuelan nationals, who were in the country unlawfully. Gonzalez faces a charge of manslaughter. Perozo faces charges of collision involving a vehicle and hindering an arrest.
Dallas ICE agents said the two had been in the country illegally since 2023. They were caught and released, according to ICE's leader in Dallas.
"They were arrested at the time of entry, processed for a notice to appear, and then released on their own recognizance," said Joshua Johnson, the acting field office director for ICE Enforcement and Removal Operations Dallas.
But federal involvement doesn't mean agents have taken over.
Grapevine PD is the lead investigative agency with layers of support from the state and federal government. Nor does it mean the suspects' immigration issues will outweigh what they currently face in state court, especially Gonzalez.
"[When] there sort of like a loophole where folks are charged with serious state crimes, they bond out, get put into immigration custody, and then are whisked away back to their country as a means to avoid the state charges," Daniel Stewart said.
The Carrollton-based immigration attorney spoke with CBS News Texas about what happens next in a high-stakes criminal case involving a felony, a death, immigration, and a joint investigation.
"In my experience, while there are some gaps in communication between the state and federal immigration, typically, especially with charges this serious, that doesn't happen," Johnson said.
ICE said that it has immigration detainers and has initiated removal proceedings for Perozo and Gonzalez, but that does not mean that agents can take over.
ICE's scope is limited to immigration, not manslaughter or other criminal charges. He said the case could provide perspective to an immigration judge eventually.
ICE was open about its stance, which Johnson spoke about in a news conference on Wednesday.
"Once the State of Texas goes through the process and the criminal charges, we'll take custody of them," Johnson said.
A victim's advocate for Grapevine PD read a statement from Ava Moore's family. It snuffed the fire of Abbott's statement with a note of mercy:
"We are so thankful for the countless messages and demonstrations of love and support, but most grateful for the many prayers we have received. This is a difficult time for all involved, but also an opportunity for our beautiful girl to continue to impact our community. Out of this tragedy, God will make good, and that only can be accomplished through forgiveness. We respectfully ask for our time and privacy to grieve, and thank you for all of your kindness and support. God bless. Thank you."
