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
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