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FIRST ON 3: Suspect in DQ DWI crash an illegal immigrant

READ MORE: FIRST ON 3: Suspect in DQ DWI crash an illegal immigrant

WILMINGTON, NC (WWAY) -- An update to a story that you will see ONLY ON 3. The man charged with DWI after he ran into the Dairy Queen more than a week ago is behind bars and will remain there without bond.

The New Hanover County Sheriff's Office confirmed that Isaias Martinez-Garcia is an illegal immigrant. The Sheriff's Office received a notice of action from Immigration and Customs Enforcement ordering a immigration detainer on the 28-year-old. Martinez-Garcia is facing his fifth DWI charge in New Hanover County.

Investigators say Martinez-Garcia got behind the wheel after he had been drinking on the night of May 14 and ran a SUV into the Dairy Queen on Oleander Drive. No one was injured, but there was major damage done to the Dairy Queen.

Martinez-Garcia has an extensive criminal background ranging from cocaine charges to driving with a revoked license, but it took his fifth DWI for the county and feds to confirm he was an illegal immigrant.

"Every DWI arrest for this defendant he has been taken into court and vigorously prosecuted by the DA's office and convicted," assistant DA Jon David said. "There's a weakness right now in the state law in that we can't get a big punishment for these types of offenses, and so we can bridge the gap and ensure there's justice and the end of the process by making sure a guy like this is deported following this prosecution."

Martinez-Garcia's next court date is June 3. If found guilty for the Dairy Queen DWI, Martinez-Garcia will serve his time in New Hanover County. Immigration and Customs Enforcement then has 48 hours to pick him up. If it does not him up within two business days, Martinez-Garcia will be released from jail.

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We don't need more

We don't need more protection at the border. We need to take a lesson from most of the other countries in the world. Take away what the illegals are here for. No welfare, no schools, no health care, no housing and no jobs. Make it a Federal offense punishable by a stiff fine and jail time to hire anyone not varified as a US citizen or someone who can legally work here. Within 60 days, we would have our country back.

The REALLY scary part is.....

....there are THOUSANDS like him driving around in the Wilmington area alone without a stick of insurance!!!

Do you remember that over a year ago, it became state law for drivers to carry uninsured motorist coverage, when it was already law that everybody carry liability insurance anyway? It was because of the hords of illegals that file into the insurance agents office, get a policy and make ONE payment. Then they never see or hear them again....wonder?

Wake up America,its time to

Wake up America,its time to take back our country before we turn in to a third world country.Its no wonder this country is broke with all of these illegals here using our hospitals,schools,social services and police depts.We dont need a fence at the border,just put the army there with shoot to kill orders.What the hell do you think happens if you try to cross into China illegally? Vote for change all right,we need a leader not a sell out....


We need a bill just like Arizona's Senate Bill 1070. Enough of the illegals in this country. Let's kick them out one state at a time. Are you fed up yet? Do you hear me America?

Illegal immigrant

I'm absolutely astonished that with all of the technology we have today we can't determine efficiently whether or not we have a legal US citizen. This raises some serious concerns about our justice system and more importantly our national security. What if this guy would have been a terrorist? Do we only watch certain countries now?

I bet if you go to Mexico you won't get 4 DWI's and still be driving around to do it again. This has to be the most discouraging thing I have heard thus far. We all know he had to be working to buy that alcohol and that car but yet we didn't check him. Now 5 DWI's later we finally figure it out... Disgraceful!!!!!!!!!!!!!!!

"Two Business Days" for the

"Two Business Days" for the INS to pick him up. Maybe he is one his 5th DWI because the govenement has failed to deport him and local law enforcement lets him go.

Local LEO's can only do so much

Guest2769 wrote "...govenement has failed to deport him and local law enforcement lets him go."
We can only arrest them, it is up to the courts and the federal government to deport illegal’s. This isn't a pass the buck, we don't have that authority.

DUH!! That is what I said.

DUH!! That is what I said. Local law enforcement is doing their job, but the government (Federal) is not picking them up and they are being let go.

I hope you are not a detective....

arizona is right

lets move the capital to arizona and clean up the U.S. .. why does it take for him to be convicted 5 times for dwi, and cocaine charges to figure out that he is illegal, why didnt they figure that out when he got his license that were revoked, Its time that America took back the States and cleaned up the trash around here , Stop the double language standard either you speak,read english or you learn it. It is GOD Bless America . Not raise the mexican flag

What about...

What about the woman who supposedly got glass in her eye? The above story said that nobody was injured. Why did a felon (illegal entry into the US) get away with 4 DWI convictions to be just let back out? I've said for a while, victims of illegal immigrants should start filing civil suits against the state and federal government for constitutional violations. It's the federal government's responsibility to protect the citizens from foreign threats. That is exactly what this piece of trash is. An illegal immigrant should face immediate deportation after the first conviction regardless if it's a misdemeanor or a felony.

Is it too

much to ask for a little cooperation?

Can New Hanover County and INS scratch each other's back & keep this guy on calanders and radars so the day he is to be released, they have a Federal agent there to take him into custody and send him straight to Mexico?

And before he crosses the border either tattoo illegal on his forehead OR have him wear a lifetime monitor that will go off should he ever try to re-enter our Country.

And, while he serves his sentence in New Hanover County, put him to work. No sitting watching Springer or Oprah. No sitting at a computer taking law classes so he can work the system. Let him wear a pink jumpsuit and maybe a sandwich board sign stating "I am here illegally and I drink".

Illegal with DWI

If he is deported he will just boomarang back in like all the others before him. If INS/ICE fail to show they should allow the public to pick him up!! Start out by contacting the DQ owner and the people who were inside of it. Guarantee he will never get behind a wheel or be a problem to our society again. There are thousands of acres of forest and farm land in this state.....

Not Surprised

No wonder the Minute Men exist, imagine living on the border where these people come in and kill farmers and rape women and children....the powers that be are doing nothing and this president loves those criminals more then his own people.


TOM...TOM...TOM......that would require TWO government agencies to ACTUALLY DO THEIR JOBS...your really being unrealistic and unfair there....:)

I was hoping

while the Legislature is in session, Senator Soles would submit a bill calling for branding or tatooing the words "Illegal Immmigrant" on the forehead of those caught here illegally who drink and drive.

It took a 5th dwi to figure

It took a 5th dwi to figure out he was illegal? And why did he have a drivers license to begin with?