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Deadly DUI crash kills football player, illegal immigrant suspect had prior DWI

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An illegal immigrant accused in a fatal DUI crash that killed a college football player and his girlfriend in North Carolina had a previous DWI conviction that was dismissed years ago — a history that is now fueling a new debate about immigration enforcement, court records show.

Court documents reviewed by Fox News Digital show that Juan Alvarado Aguilar, 37, was charged with driving while impaired in Cabarrus County on November 5, 2020. The charge was dismissed with the consent of the district attorney, which is a procedural step under North Carolina law that removes a case from the court docket without finalizing it and allows prosecutors in limited circumstances to reinstate it.

The unresolved status of that prior DWI charge prompted a reconsideration following the crash that killed Fletcher Harris, 20, and Skylar Provenza, 19.

According to the North Carolina State Highway Patrol, the accident occurred Friday night when Aguilar crossed the center line and collided head-on with another vehicle on Amity Hill Road.

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Juan Alvarado Aguilar is shown in a booking photo released by authorities. Police said Aguilar, 37, was identified as the driver of a Chevrolet Silverado involved in a DUI accident that killed two people. (Rowan County Sheriff’s Office)

Aguilar appeared in court Tuesday with the help of a Spanish interpreter and faces two counts of vehicular homicide and one count of driving while impaired in the Jan. 16, according to WCNC.

Prosecutors asked for Aguilar’s bond to be raised from $250,000 to $2 million, citing his criminal history and concerns he could flee. The judge overruled that request, setting bond at more than $5 million.

“I am very concerned about his appearance in court and the facts of this case,” the judge said before making the bond decision, WCNC reported.

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Skylar Provenza and Fletcher Harris pose together in a photo

Fletcher Harris and Skylar Provenza are shown in an undated photo. The two died in a DUI crash, according to authorities. (Instagram/skylar_provenza)

Prosecutors told the court that a state trooper noticed that the smell of alcohol at the scene was so strong that it overpowered other smells, including burnt rubber and oil. Aguilar admitted he was the driver and no one else was in his car, according to court testimony.

Police also testified that Aguilar was stumbling around the scene and ran into a trooper as he walked to a patrol car before being handcuffed. He later complained of back pain and was taken to hospital, where his blood was drawn as part of the investigation, prosecutors said.

During the hearing, prosecutors pointed out that Aguilar has two failures to appear in court and a previous DWI conviction on his record. An Immigration and Customs Enforcement detainer has been placed on him, according to WCNC, with prosecutors arguing he poses a high risk of flight.

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Fletcher Harris and Skylar Provenza are shown in a photo taken before their deaths. The two died in a DUI crash, according to authorities.

Fletcher Harris and Skylar Provenza are shown in a photo taken before their deaths. The two died in a DUI crash, according to authorities. (Instagram/skylar_provenza)

Jail records show Aguilar is being held at the Rowan County Detention Center and his next court appearance is scheduled for March 2.

Harris was a member of the Catawba College men’s soccer program for three seasons and was pursuing a double major in environmental studies and sustainability and biology, according to the school. The college said Harris was regularly recognized on the president’s honor roll and dean’s list.

North Carolina House Speaker Destin Hall said the case underscores what he described as the deadly consequences of weak immigration enforcement.

In a statement, Hall blamed federal border policy for the deaths, saying, “The lives of Fletcher Harris and Skylar Provenza were senselessly taken by an illegal driver who was impaired. He had no business in our country and two young people’s lives were stolen by open border laws.”

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The case also renewed attention on federal laws targeting illegal immigrants convicted of impaired driving.

The law of Sen. John Cornyn’s proposed Stop Illegal Aliens Drunk Driving Act would classify DUI or DWI offenses that result in death or serious bodily injury as aggravated felonies under the state’s annual immigration law, making offenders subject to removal and barring them from obtaining legal immigration status.

Stepheny Price covers crime, including missing persons, homicide and immigration crime. Send news tips to stepheny.price@fox.com.

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