Illegal KSU student found guilty
by Kathryn Dobies Malone
kdobies@mdjonline.com
Nov 12, 2010 | 4084 views | 33 33 comments | 15 15 recommendations | email to a friend | print
Jessica Colotl confers with her attorney Thursday during her trial on driving without a license and impeding the flow of traffic charges. A jury found Colotl guilty on the driving without a license charge.
Jessica Colotl confers with her attorney Thursday during her trial on driving without a license and impeding the flow of traffic charges. A jury found Colotl guilty on the driving without a license charge.
slideshow
MARIETTA - Illegal immigrant and Kennesaw State University student Jessica Colotl, who has become the poster child for illegal immigration issues, was found guilty by a jury Thursday for driving without a license, but not guilty of impeding the flow of traffic.

The fact that Colotl was enrolled in a public college sparked a statewide debate that became so intense that it prompted the Georgia Board of Regents last month to ban illegal immigrants from the state's top public colleges beginning next fall.

Colotl appeared in state court Thursday morning, after pleading not guilty to the two misdemeanor traffic citations she was issued in March on KSU's campus. The citations eventually led to the 22-year-old's detainment by immigration officials and the threat of deportation, when it was found that she was in the country illegally.

While Colotl could be facing jail time, it may only be for a few hours. Her attorney Chris Taylor of Hernan, Taylor and Lee in Norcross said that according to the law, she will have to serve at least 48 hours in jail for driving without a license; however, the KSU student has already served 45.5 hours in jail for that charge.

A sentencing hearing has been scheduled for Monday at 11 a.m., but Taylor speculated that it might be pushed back since he and his law partner, Jerome Lee, also of Hernan, Taylor and Lee, plan to appeal.

State Court Administrator Frank Baker said Colotl could face up to one year in jail and a $1,000 fine.

A conviction would not affect Colotl's immigration status, since a federal immigration judge ordered that she be deported after she graduates in the spring, according to her immigration attorney Charles Kuck.

Following the verdict, Colotl said she felt good. She sat silent and mostly unemotional next to her attorneys during the trial.

"I don't agree with it, but I have to go along with what they reached," Colotl said.

A jury of six Cobb County residents - three men and three women - only deliberated for about 15 minutes before coming to a verdict, following a two-and-a-half hour trial in Judge Kathryn Tanksley's courtroom.

During the trial, only Colotl and KSU police officer Sgt. Kevin Kinsey, who stopped Colotl for the traffic violation, took the stand.

Kinsey claimed that he had observed Colotl idling in her gold Honda Civic in the middle of a KSU parking lot around 11 a.m. on March 29. When he drove up to her car, she sped away, circled the lot and then came back and stopped at the exact spot where she had been sitting before, Kinsey said. That's when the KSU police officer said he turned on his blue lights and initiated the traffic stop.

When he approached Colotl's car and asked for her driver's license, Kinsey said the KSU student claimed she had a Mexican driver's license and searched the car's middle consol, the glove box and her purse, eventually saying she couldn't find it and that she must have left it in another purse.

Kinsey also added that he asked for Colotl's registration and several other questions, like where she lived and her birthday. He said that the birthday Colotl gave him and the birthday listed on her registry did not match up. Later, when Colotl took the stand, she attributed the mixup to a mistake on the registration card.

The police officer let Colotl go the morning of March 29, giving her until the next day at noon to come to his office with the driver's license she said she had.

When Colotl appeared in his office at 11:55 a.m. next day without a license, Kinsey arrested her.

Colotl did admit to the court that she was driving without a license on the day of her arrest. Since then, she said, she received her learner's permit on Nov. 5 and is in the process of obtaining her license. She said she passed the written license test and has a driving test scheduled for Nov. 24.

Under a state statute, Colotl's attorneys said that if a person is cited for driving without a driver's license, and then show up at court with a valid Georgia driver's license, then that person should be found not guilty.

Colotl did just that, Lee argued unsuccessfully.

But, Assistant Solicitor Rachel Bearman, who prosecuted the case, disputed that a learner's permit, is not technically a driver's license, since it has certain restrictions that do not allow a person to drive a car alone.

"It's a baby step. It's step one of getting a license," Bearman said in her closing arguments.

When Bearman questioned Colotl on whether or not she had full driving privileges, the KSU student was evasive at first, saying she was "in the process" of getting a license. Eventually Colotl answered, "not yet."

As for the charge of impeding the flow of traffic, Lee argued that Colotl had been stopped in a parking lot, waiting for a space to open up, and wasn't even in traffic.

The jurors were shown a videotape of the traffic stop on March 29, which was recorded from Kinsey's police car. From the video, Lee argued that Colotl was not impeding the flow of traffic, since several cars were able to move around her stopped car, and because there was not much traffic in the parking lot.

Lee also said that not only has Colotl received her learner's permit, but she had also gotten a social security number and work permit.

Illegal immigration activist D.A. King, who was in the courtroom at the beginning of the trial on Thursday morning, said if she was issued a license it was by mistake. King cited Georgia statute 40-5-1, which says that only legal U.S. citizens can be considered Georgia residents and therefore issued a state driver's license.

In March, when Colotl was arrested for the traffic citations, she landed in immigration jail for more than a month because of Cobb County Sheriff's department 287(g) agreement with U.S. Immigration and Customs Enforcement Agency. That agreement allows the Sheriff's office to check the immigration status of every person booked into the county jail.

The Cobb County Sheriff's Office was the first agency in Georgia to participate in 287(g), a program that has become a lightning rod of controversy between illegal and anti-illegal immigration activist. Since Colotl's case burst on the state and national scene in mid-May she has found herself in the middle of the debate.

Of her sudden notoriety, Colotl said she "believes everything happens for a reason." She went on to say she is proud that her case helped bring awareness to the DREAM Act, legislation that would allow illegal immigrants who are students and in good legal standing become permanent residents of the U.S.

"I've grown up in this country, I've adopted all of the American values," Colotl said. "I don't understand why I wouldn't be allowed to stay here."

Colotl said she has returned fulltime to her studies at KSU, and that she plans to graduate in May. She is majoring in political science, with a minor in French and hopes to become an attorney, she said. She said her fellow students do recognize her on campus, and that she has gotten a lot of positive support from the KSU community.

While she does have a learner's permit, Colotl said she is not driving much. She said she is currently living with a sorority sister, although she would not specify whether she was living on or off KSU's campus. She is legally allowed to work in the U.S., but said she does not have a job right now. The KSU student said her attorneys for both the traffic case and immigration case against her are working pro bono.
Comments
(33)
Comments-icon Post a Comment
Youguysareridiculous
|
February 20, 2011
I can't believe I'm reading the things I am. Yes, she is an illegal immigrant, but that's not her fault. Her parents brought her over here for, I'm assuming, a better life. I applaud this girl for trying to become something. She found a way to get an education at a University despite her setbacks. People are so ignorant these days...
WHAT!!11
|
November 14, 2010
Deport her now!!!!
Guilty?
|
November 12, 2010
I don't blame this girl - her parents are the guilty ones - they are the ones that brought their daughter to the US as an illegal immigrant. She had no choice in the matter. But now that we know she AND her parents are illegal, let's send them all back to their country. She should be found guilty of a lot more than a traffic violation. If we know someone is here illegally, why can't we just send them on their way? I'm over it.
oh wait
|
November 12, 2010
Can I add one more big fact from the May articles?

She is a political science major! Wants to be a lawyer! Isn't that the cherry on the ice cream of all the other comments?

We need to go back to the first law that was broken - her parents carrying that poor child over; please give them a free flight back home!
Just Wait
|
November 12, 2010
If it is OK for an illegal immigrant to go to college, why don't we let the convicts out of prison to attend? They could benefit just as much, if not more, that she. Colotl has been a burden on this state since she arrived, continues to be so by staying in college on the HOPE grant and taking advantage of the court system by having a jury trial. And now she wants to appeal the verdict. Thank goodness the jury of Cobb Counties citizens stood up for OUR rights. Her 15 minutes have been up for a long time.
Pam J
|
November 12, 2010
I get madder every time I read something about this. The fact that they are allowing her to stay until she graduates is ridiculous. She has shown that she has absolutely no respect for the laws of this country. Please do us a favor and send her back to Mexico. Show other illegals that we mean business.
WANNA BETTER LIFE
|
November 12, 2010
IF I break into Buckhead ans squat in some one's home, AM I a wealthy landowner with a large home and servents....withoput papers?
Crystal l
|
November 12, 2010
According to the AJC, her learners permit has been suspended for 6 months because of this conviction. If that is the case, I doubt if she can take the road test on 11/24 as she said.
Stand Back
|
November 12, 2010
Send this scum (along with her lawyer) back to the 3rd World Sewer she came from!
Old Sailor
|
November 12, 2010
What is it about the word ILLEGAL that the Georgia Board of Regents don't understand?
Ted Sheckler
|
November 12, 2010
She is a thief and a liar. How in the world does she have a SS#, drivers license and a work permit if she is illegal? Make an example out of her and put her behind bars for 20 years. We don't need her walking the streets.
Drooly
|
November 12, 2010
King said that only citizens OR legal immigrants can get A Ga driver license...I heard hi about 5 times.

There should be an congressional investigation into WHY this illegal alien has an SSN!
KATHIE VV
|
November 12, 2010
you have 2 hours to serve in jail and yet you want to appeal the sentence - and use more of our tax dollars - you really are a piece of work.

GET OUT OF MY COUNTRY NOW!
Un-PC
|
November 12, 2010
Hard to completely tell from this picture, but this young lady appears to be relatively easy on the eyes. That wouldn't have anything to do with the kid-glove treatment, would it?

(oh yeah! I went there!)
What Say You?
|
November 12, 2010
HUGE questions-

How did Colotl Legally obtain a Social Security number?

Since Colotl is ILLEGAL, how can she Legally apply for a GA driver's license? Why didn't the judge lock her up when she said that she had a learner's permit & had applied for a SS#? Hopefully the police are working on that.

No job, but it has been written that she is on the HOPE scholarship. Still, HOPE does not pay for all your books. Technically, she could not get a job, because she did not have a SS# & no Work Visa since she is ILLEGAL. Was she using a stolen SS# in the past when she had a job, IF she ever had a job? Or was she paid cash under the table, which means she never paid taxes of ANY kind. But I bet she would apply for unemployment if she could. So how is she paying for every day living expenses? Donations from sympathizers? Or does she have a job and is paid cash? Trace the line of enablers & you have a lot of lawbreakers.

When most U.S. citizens start using one lie to cover another lie & it comes to the attention of authorities. Then they usually end up in big trouble. BUT I have to keep telling myself, this is an ILLEGAL person and they get away with more than a U.S. citizen. Yeah, we're fed up!
Insurance Guy
|
November 12, 2010
I want to know if she had car insurance too. And if she did how she got it with no license. and if she had current tags. How'd she get that too.
How?
|
November 12, 2010
How can an illegal get a learner's license, a social security number, and work permit, and an upcoming (according to the lawyer) drivers license?

I want to know.
cobb mom
|
November 12, 2010
Did Colotl have insurance? Most of these illegals don't carry insurance but clog our roads daily with their cars with bald tires and bad driving habits. if she hits you - you're out of luck!
truth hurts
|
November 12, 2010
Thank you Colotl for bringing all the attention to immigrants. I'm thrilled that so many Real American taxpayers are starting to see what a burden you are to our country. A Prime example is asking for a jury trial and wasting everyones time and money when you were clearly wrong. Thank you D.A.King and Sheriff Warren for standing up for this country!
Torn
|
November 12, 2010
Can't someone give this lady a pardon, a license to drive and a job this spring? or

You mean she is still breaking the law and driving without a license?
*We welcome your comments on the stories and issues of the day and seek to provide a forum for the community to voice opinions. All comments are subject to moderator approval before being made visible on the website but are not edited. The use of profanity, obscene and vulgar language, hate speech, and racial slurs is strictly prohibited. Advertisements, promotions, and spam will also be rejected. Please read our terms of service for full guides