The Tribune Democrat, Johnstown, PA

Local News

February 4, 2007

Killer lived nearly 20 years in U.S. as illegal alien

HOLLIDAYSBURG — For 18 years, Miguel Padilla lived in the U.S., attended public schools, fathered three children and was married once. A self-employed contractor, he maintained his child support and wheeled around in a silver Jaguar.

He also racked up a criminal record in Cambria County with at least two run-ins with the law in the Cresson area.

Yet, as a native of Mexico, his legal status in this country is as confusing as the briefcase containing $19,600 in cash that authorities linked to him shortly after he murdered three Altoona men in August 2005.

Padilla, 27, was sentenced to death Thursday for the killings.

Officials of the Department of Homeland Security’s Bureau of Immigration and Customs Enforcement do not discuss individual cases, but court documents show Padilla is considered to be an illegal alien from Mexico.

In 1989, Padilla’s mother, Maria Braun, crossed the border with Miguel and his two brothers. She became a legal citizen shortly after marrying Timothy Braun, an American citizen.

She maintains she went through the citizenship process for her sons, Miguel, Oscar and Christian, who all were minors at the time.

The Brauns, of the 700 block of Convent Street, Gallitzin, said they were shocked by the news that Miguel had been arrested for the murders of Frederick Rickabaugh Sr., Michael Mignogna and Stephen Heiss. They also were dismayed that U.S. immigration authorities listed Padilla as an illegal.

“We don’t know what happened. We don’t understand it,” Padilla’s stepfather said in an interview.

But Padilla’s status was clear at his preliminary hearing, when an immigration official testified that, in 1998 and 2001, Padilla applied to have his illegal status changed and was denied.

“Mr. Padilla is an illegal alien and an unlawful resident of the United States,” the official said.

The Padilla-Braun family lived in Los Angeles County briefly, spent a year in Mercersburg, then – when Miguel was about 12 – relocated to Cambria.

After the family settled in Gallitzin, the boys were enrolled in the Penn Cambria School District, where Miguel was a member of the class of 1997.

His citizenship, and that of the other brothers, was never questioned, said David An-drews, district solicitor.

Federal law is clear regarding illegal immigrants and education.

“The U.S. Supreme Court ruled many years ago a school district can’t judge the children of illegal immigrants by the actions of their parents,” An-drews said.

That ruling dates back three decades, to a Texas case that determined many illegal children are likely to remain in the country – and that the cost of creating an illiterate underclass could outweigh that of educating illegal children.

“From Penn Cambria’s standpoint, when he showed up and his parents were living in the school district, Penn Cambria had to admit him,” Andrews said.

Padilla had run-ins with local authorities. But his immigration status was not questioned.

“When someone has been convicted of a crime, it must be resolved through court proceedings,” said Ernestine Fobbs, an immigration spokesman. “Then a detainer will be placed on that individual.”

Such individuals then are supposed to be deported.

“That’s the idea. But I can’t tell you 100 percent that happens,” Fobbs said.

At the time of the Blair murder charges, Cambria officials said Padilla was in this country legally when he committed crimes in the Cresson area.

And nearly $20,000 in cash was found in a briefcase near the shootings. The case also contained Padilla’s business cards and a Sam’s Club membership card in his name, but authorities say they don’t know where the money came from.

“We just know it was in a briefcase linked to Mr. Padilla. It’s still evidence in the case,” Blair Assistant District Attorney Jackie Bernard said Friday.

Steps may be taken at some point to force Padilla to forfeit the money to the government, she said.

A similar lack of information has fueled speculation about the 2005 arrest of two North Carolinians stopped in Bedford County while driving Padilla’s Jaguar. Hidden in the car was $130,000 worth of cocaine and methamphetamines.

Bedford County District Attorney William Higgins said Padilla never was linked to the case, which was taken over by federal prosecutors because of the quantity of drugs involved.

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