Bluffton SC Family Waiting for Justice - Hispanic Hate

Bluffton family waiting for justice: 
Man who assaulted immigrants was set free in 2008 because victims did not have documents

May 17, 2011 from La Voz Latina - Savannah, Georgia

By John Newton, La Voz Latina, Savannah, Ga.

     Four months have passed since Bluffton, South Carolina businessman, Carlos Olivera, was gunned down outside his brother's home by tow truck operator, Preston Oates. But for Carlos' mother, Reyna Zelaya, the pain of losing her youngest child is still fresh, the grief etched into her tear-stained face.

    Olivera, was killed while delivering Christmas presents to his brother Nelson Olivera's family in Bluffton's Edgefield Community on the evening of December 24th. Oates, who had a contract to enforce the community's strict laws against on-street parking, shot and killed Carlos Olivera after the men asked him to remove the immobilizing “boot” he had placed on the family's minivan.

I have to ask if Preston Oates was under contract of a government entity or a private community.  While that doesn't change the loss for the family of  Carlos Olivera, it may change the liability issues and shed light on motivations of the contracting body.  It could also have something to do with reasons for only charging him with Voluntary Manslaughter.  (Could an important entity, individual of family have liability issues - or connections?)

     “There was no argument,” Reyna Zelaya told La Voz Latina. “My son, Nelson, told me they never had an argument with Mr. Oates, only a discussion about this parking problem. My husband and I had seven children and Carlos was the last one, our baby. But everyone in our family loved him and respected his decisions. His company, a paving and architectural contracting business called Bluffton Foundations, was very successful because he was such an intelligent, level-headed person.”

     Originally from  Olancho, Honduras, Mrs. Zelaya's family has lived in the US for nearly 30 years and all family members are either US citizens or legal permanent residents. Older son, Nelson Olivera, moved from Holyoke, Massachusetts to Beaufort County back in 1990, and he soon convinced the rest of his family that South Carolina was a great place for families.

     “My husband and I raised all our children to be calm and peaceful,” Reyna said. “We don't make trouble for anyone, we just talk common sense.”  

     Mrs. Zelaya said it was painful to witness her son's body lying on the ground in front of Nelson Olivera's house for nearly six hours on the cold, rainy night he was slain and the family is still trying to understand why Beaufort County Sheriff P.J. Tanner  did not arrest her son's killer until three days after the slaying.

     “The police said they didn't have enough evidence to hold him and yet, when they arrived, Preston Oates was still holding the pistol he had used to shoot my son six times,” Mrs. Zelaya said. “The police allowed this killer to go home to his family while our family was treated like we were the criminals that night. We were especially shocked when we later discovered how many times this man had been released by the Beaufort County police for crimes he had committed in the past.”

     Citing news reports that, in 2008, Duffie Stone, the Beaufort County solicitor responsible for prosecuting her son's killer today, had dismissed three charges against Preston Oates for assault with intent to kill, Mrs. Zelaya worries that the tow truck driver may escape justice once again.

     “In 2008, this man (Oates) was set free because the Latinos he assaulted had no papers and were afraid to testify in court,” she said. “I'm sure that, when he killed my son, Oates was thinking he could get away with murder again because he believed that all Latinos were illegals and the police would do nothing to protect them from his violence.”

So this is at least the SECOND time he's assaulted Hispanics!  Does South Carolina have "Hate Crimes" statutes?  Are there federal Civil Rights charges under consideration?

     Reyna Zelaya admitted she was very disappointed in February when a Beaufort County Grand Jury indicted Preston Ryan Oates on one count of voluntary manslaughter because she and the rest of the family thought he should be charged with murder.

While I'm not familiar with South Carolina law, voluntary manslaughter does NOT seem appropriate when Carlos Olivara was shot multiple times.  Inadequate!  The possibility that this was an accidental discharge of a firearm - unless it was an automatic weapon - is extremely remote.  The legal definition of law is cited later in the article.  

     “We just hope and pray that the courts will use our son's death as an opportunity to prove to everyone that the legal system in this county is color blind and that everyone receives equal treatment from the law,” she said.

Oates, the alleged offender is white; the deceased victim Hispanic.  Justice was not color blind in the 1860s or in the 1960s; nor is it today.  Far too many see brown skin and ASSUME "illegal" - "criminal" and "guilty" - facts be damned. 

     In January, local resident, Alan McDonald, enlisted a group of friends and neighbors to begin circulating a public petition calling for the charges against Oates to be upgraded to murder. At this point, the group has amassed several thousand signatures from local residents. The family is hoping this petition will send a powerful message to those charged with prosecuting Preston Oates.

One would hope prosecutors would get the message, but so often other political pressures come to bear.  Elected officials, who want re-election sometimes capitalize on "Hispanic Hate" that so many uninformed constituents seem focus on as a reason for all the ills of the world.  Today, "Hispanic Hate" can garner votes and contributions.  Just ask those in the John Tanton affiliated organizations. They've promoting that for years. 

     “My family, my grandchildren and my son Nelson were all there as witnesses when Carlos was killed,” Mrs. Zelaya said. “Nelson told me that Mr. Oates handed him the keys to the boot, then sat in his tow truck for several minutes with plenty of time to call 911, or the police or just drive away. But when Carlos turned his back and tried to walk away, this coward jumped out of his truck and shot him four times in the back, then walked up and calmly shot him once more in his arm and his head. How is this not premeditated? How is this not murder?”

     Mrs. Zelaya also worries about how her grandchildren were affected by witnessing the death of her son on Christmas Eve.

Does South Carolina have crime victim assistance programs available to help with counseling for these children?  Some jurisdictions have "Child Abuse" statues that could also be brought against the alleged perpetrator, in this case Oates.

     “For children, Christmas is supposed to be the happiest time of their lives,” she said. “But our little ones had to witness a brutal murder, then watch as the police, these people with badges they are taught to respect in school, tell the man who had just killed our Carlos to go on home. Today my grandchildren are afraid of the police. They have nightmares and are afraid of the dark. They are all US citizens and I wish they could receive some type of counseling to deal with the terrors of that night.”

     The family is also troubled by the way Nelson Olivera was treated by police after he released a video of his brother's death to local media outlets in mid-January. According to news reports, Sheriff Tanner and Solicitor Stone condemned Olivera for releasing the footage, which was recorded by a neighbor's surveillance system. "  It ( the release of the video) jeopardizes the proper prosecution of the case," Stone said.  If the case goes to trial, a jury has to make their determination of guilt or innocence based on what happens in court, not in the media."

     But Reyna Zelaya makes no apologies and insists that her family is focused on justice, not revenge.

     “We will send video copies of my son's murder all over the country, even to the White House, if that's what it takes to get justice for his death,” she said. “Our case is simple...there is a victim and there is a video. We have lost Carlos forever. All we can do is to make sure that our son's murderer is brought to justice.”

     South Carolina law defines manslaughter as  "the unlawful killing of another without malice, express or implied" " while murder is a more deliberate action, " the killing of any person with malice aforethought, either express or implied”.  A conviction for voluntary homicide carries a penalty of from 2 to 30 years, while the penalty for murder is 30 years to life. Oates also faces weapons charges which carry a penalty of up to five years.


     Reyna Zelaya said today she can only pray that God will help her family to eventually recover from losing Carlos. In the meantime, she said that his wife, Dhayam, has decided to continue the business she started with her husband.

     “Dhayam decided to keep their company going and their employees and clients are all supporting them,” she said.“She doesn't want to let my son's legacy die- Dhayam wants to continue it because Carlos worked so hard to make it a success. This legacy and our memories of the joy he brought to our lives are all we have left.”

It may be time for someone to hire a private investigator and find out who Oates knows and or is related to.  It appears Oates is currently in jail awaiting trial.  Could he be an "inside" informant?  Could he be a person of interest, or suspect in other criminal activity and that investigation is ongoing?    What does his Criminal Record look like?   Justice, especially in the South, and with tightened budgets, does move slowly.  Maybe people should be comforted in knowing he's behind bars for the time being. 

Until an investigation sheds light on the history and situation, one never knows what may be uncovered until all the rocks are turned over. 

Here are some links to articles on the matter: 

http://beauforttribune.com/archives/50338 

http://www.wbtv.com/Global/story.asp?S=13753252 

http://savannahnow.com/latest-news/2011-02-18/bluffton-sc-tow-truck-operator-indicted-christmas-eve-shooting 

http://www.lowcountrynewspapers.net/archive/2011/01/14/story/investigators-reveal-video-fatal-bluffton-christmas-eve-shooting 

http://www.blufftontoday.com/bluffton-news/2011-03-22/oates-attempts-jail-break  Oates attempts jail break.

http://www.blufftonselfhelp.org/needed-support-for-the-carlos-olivera-family/ 

http://tow411.yuku.com/topic/96978#.TdLq6EcQqSo 

  

FDIC may REQUIRE 20% downpayment on homes

The FDIC may require home buyers make a 20% down payment.  One news source, quotes US Senator Isakson of Georgia, as saying  that will disqualify 60% of purchasers in the state.  He has some thirty years of real estate experience, as a founder of Northside Realty.  According to this statement, he is author of the Dodd-Frank financial reform act of 2010.  

Isakson spoke on the Senate floor to reiterate to Sheila Bair, chairman of the Federal Deposit Insurance Corporation (FDIC), and other federal regulators that he is very troubled by recent suggestions that they might be considering requiring a down-payment as large as 20 percent for a homebuyer to be eligible for the Qualified Residential Mortgage while failing to address the issue of private mortgage insurance. Isakson, along with Senators Mary Landrieu, D-La., and Kay Hagan, D-N.C., authored the Qualified Residential Mortgage provision of the Wall Street Reform and Consumer Protection Act, also known as the "Dodd-Frank financial reform bill," that was signed into law on July 21, 2010.

According to NAHB (National Association of Home Builders)

Under the Dodd-Frank financial reform law passed last year, lenders are required to have “skin in the game” by retaining five percent of the credit risk of each loan that they sell into the secondary market. The law also called for federal banking regulators to establish rules for a qualified residential mortgage (QRM) that would exempt lenders from these risk retention rules. The Dodd-Frank law exempts FHA and VA loans from the risk retention requirement and the proposed risk retention rules will not apply to Fannie Mae and Freddie Mac while they remain in conservatorship.

Where does a young couple getting $20,000 in cash to buy a $100,000 home?  Yes, it's good for people to have a substantial investment in their home and community, but is 20% realistic?  Certainly 0% down wasn't.

Reportedly purchasers may still be able to obtain PIM insurance but at higher rates.  Apparently the FDIC determination will be made in June.  That's just before HB87 will become effective, assuming Governor Deal signs.

It should be noted that Sheila Bair, will leave the FDIC on July 8th:  http://www.viewheadlines.com/News/Article.aspx?i=250041&t=Bair-to-step-down-as-FDIC-chairman-in-July.  Will that alter things?

Some believe the depressed housing market is holding back economic recovery.  But ask yourself.  If people are still unemployed with few prospects in sight, or if they recently found a new job, won't it be at least one year before they are likely to qualify for a mortgage?  The housing issue is likely to persist for some time, possibly a couple of years.

So, housing isn't what is holding back the economy. It's more complicated.  Mortgages were possibly too easy to get with zero down, no doc loans.   Jobs were exported. AGAIN.  Remember when "mill towns" became ghost towns as the mills shut down and those jobs were moved overseas?

Georgian's aren't eager to work 14 hour days harvesting crops in the the scorching sun and high humidity, by hand. Not all crops can be harvested mechanically.  They don't live where the crops are grown.  And what will they do when Georgia crops have been harvested?  How will they earn a living?   If they migrate, as our current agriculture work force does, they won't be here spending money.   And regardless of education they don't have the skills necessary - they aren't farmers.   This country needs to make some changes, become innovative, and find new economic drivers.  But that's another issue. 

Could the FDIC require Georgia borrowers to meet the 20% down in part because of the state ranking number ONE in the nation for bank failures?  That remains to be seen.  Stay tuned.

A  20% downpayment for  purchasers would no doubt compound housing issues in Georgia.  Selling a home will be significantly more difficult.  Currently homes remain on the market for extended periods.  Some years.  Very troubling, particularly with the prospect of so many vacant housing units likely to be coming available.

Home Prices Fall Again - We Need Another Disaster

The Huffington Post reported, home prices fell AGAIN in the first quarter of 2011, with the biggest drop since 2008.  http://www.huffingtonpost.com/2011/05/09/home-prices-first-quarter-2011_n_859299.html

While that isn't a surprise for many home owners, it should be a wake up call for Georgia.  Both the House and Senate recently passed a new, anti immigration bill, HB87, which Governor Deal has said he will sign.  So now you're asking what falling home prices have to do with illegal immigrants.

Politicians are hoping to drive 425,000 undocumented immigrants, mostly those from South of the Border, out of Georgia because of complaints of "illegals" by their constituents.   Unfortunately their constituents can't tell the difference between an "illegal" immigrant and a born in the USA citizen.  Many, xenophobic residents, see "brown skin" and Hispanic surname and assume "illegal."  Then, they attach "criminal" to their set of labels as they judge others.  When I say, constituents it should be mentioned, that even law enforcement and the E-Verify system have trouble differentiating immigration status, and ICE is not infallible.  Rather than educate the public, that the population growth rates include many with Hispanic ancestry, many politicians are seizing the opportunity to capitalize on "Hispanic Hysteria" and turn it into a vote generating machine.  Is that creating a pandemic, pimping or pandering?  Hard to tell... call it what you will.

Back to why the two issues are connected:  Much of Georgia's housing was built with immigrant labor - undocumented labor that was lured here with (unfulfilled promises of gaining legal status) as well as construction jobs.  (Agriculture is a different story for another time.)  They SETTLED here, some bought homes while others rented; they became part of the community.  Home buyers benefited from the fruits of their labor, as did contractors, lumber & supply companies, real estate agents & brokers, mortgage lenders and the whole supply chain, including advertisers.  Those 425,000 people LIVE in dwellings that will become vacant if they leave the state.

"They" are often part of "mixed status" households; meaning some in the household are here legally.  One spouse may be an "authorized resident" (citizen by birth or naturalized OR legal resident alien,) while the other is undocumented.  Or maybe the Grandmother who babysits is the undocumented family member.  Whatever the household make up, it's estimated, that if Georgia is successful, some 100,000 residential properties could become vacant; most within a relatively short time frame. This will happen while we are in the midst of a foreclosure crisis which has already driven home values far below replacement costs.

MetroBrokers today says there are 110,000 active real estate listings in Georgia (remember all homes aren't listed - those still in the foreclosure process are part of the "unlisted" figures).  Now add 100,000 newly vacated properties that are likely to funnel into the foreclosure pipeline to the mix. 

Keep in mind, when 10% of a neighborhood becomes vacant the whole neighborhood is likely to become blighted.  Thieves arrive to "harvest" copper plumbing fixtures, HVAC units and anything else of value from the vacant properties.  The cost to rehab the home is more than the land value.  It's just about worthless.  Squatters and the homeless may take up residence.  More good residents will flee.  Neighborhoods begin to look like casualties of a war zone.

Government is funded by real estate property taxes.  As the value of homes fall; tax revenue collected falls.  Government no longer has adequate funds needed to maintain services such as fire, police, libraries etc.  Georgia currently has a AAA bond rating; but how long will that last with falling revenues?  There will be less sales tax collected as the population shifts or leaves.

It took Georgia some 100 years to recover following a devastating Civil War.  Then came the Civil Rights Era.  What has Georgia learned in the intervening years?   


The tornadoes which ripped through the Southeast recently left death, destruction and many homeless families in the wake.  We have another disaster in the making.  This one created by a law that drives residents from the state, separating families and vacating properties while devastating communities.  Yes, a natural disaster could save us by wrecking havoc, death and destruction while creating a need for housing. But is that something we really want to hope and pray for?

Are there other considerations?  Are real estate investors waiting for things to hit rock bottom so they can capitalize on the loss of others?  Will foreign investors sweep in and buy up homes and property after the economic devastation? 

It would be less painful - at least economically - for the majority of Georgians if Governor Deal vetoed HB87. Yes, some would have to become accustomed to "brown faces" and unfamiliar names, but the United States is a melting pot.  And Atlanta prides itself on being an international city.   

Let the Hispanic Hysteria subside.  No doubt a new target group will be found soon enough.