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Brother Of Fugitive In Hit-And-Run Case Sentenced To Time Served And Released

Publication: The Southampton Press
By Shaye Weaver   Feb 1, 2013 1:48 PM
Feb 6, 2013 10:25 AM

The brother of a fugitive suspected of driving an SUV that struck and killed a nun in Water Mill in July 2012 was sentenced to time already served and was released on Thursday, January 31.

Miguel Ixpec-Chitay, 26, of Riverhead was found guilty on December 19 of lying to federal officers who were searching for his brother, Carlos Armando Ixpec-Chitay, 30, who has eluded law enforcement for more than seven months.

Mr. Ixpec-Chitay was sentenced by Judge Denis R. Hurley in federal court in Central Islip and released after the U.S. Marshals Service said there was no immigration hold or other detainer on him, according to his attorney, Leonard Lato. Mr. Ixpec-Chitay served four months at the Queens Detention Facility in Jamaica, Queens, from the time of his arrest, September 13, 2012, to January 31.

Authorities said they believe the elder brother may have fled to his native Guatemala via California following a July 9 crash that killed Sister Jacqueline Walsh. The Roman Catholic nun of St. Edward the Confessor Church in Syosset, who was 59 years old, was walking along Rose Hill Road near her retreat house that evening when she was struck and killed instantly, police said. Police believe Carlos Ixpec-Chitay was driving the SUV.

Miguel Ixpec-Chitay was convicted of a single felony count of knowingly and willfully making false, fictitious and fraudulent statements and representations in a matter within the jurisdiction of the executive branch of the government of the United States, namely Immigration and Customs Enforcement. He told federal officers that he had not called or received a call from his fugitive brother in approximately 25 days, but was found to have made and received multiple phone calls to and from his brother on the day of the crash and the next day, according to prosecutors.

According to Mr. Lato, Judge Hurley denied Mr. Ixpec-Chitay’s post-trial motion for a judgment of acquittal. Mr. Ixpec-Chitay will file a notice of appeal because it is customary for a defendant to appeal following a conviction after trial.

At the same time, Mr. Lato said, “Mr. Ixpec-Chitay received a fair trial and appropriate sentence.”

Sister Walsh’s cousin, Chuck Walsh, was at the sentencing last week with Jim Murphy, the deacon of Sister Walsh’s church. Mr. Walsh said this week that the federal case has been an emotional one and the proceedings were hurtful.

“The guy was afraid,” he said. “He wants to protect his brother—I can somewhat understand that. It was a legal crime. The problem is, it’s a tremendous emotional thing that took place here.”

Mr. Walsh said that Mr. Lato’s comments during the case were especially difficult to take. “Deacon Jim and myself shook our heads … to defend somebody who knows where this human being is—there was no sincerity,” he said. “Nothing will bring our friend Sister Jackie back, but it’s a shame the mud that people have to go through now because of it.”

Mr. Walsh said he wants to move forward and hopes the authorities will be able to refocus their efforts to find Carlos Ixpec-Chitay now that this case is behind them.

“We expect captivity and we trust fully in the Southampton Town Police,” he said. “We want him captured and we want him to have the dignity to understand that people understand it was an accident. We want to go back to our lives.”

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Rest in Peace, Sister Walsh.

Now the authorities can redouble their efforts to find the driver, and can justify more fully the 11-day delay in releasing his ID and photo.

Next Monday will mark the 30th week (and February 9th -- the 7th month) since Sister Walsh was mowed down and left to die on the side of the road.
By PBR (4303), Southampton on Feb 1, 13 3:28 PM
so if you are from another country have a - (hyphen) name and aid and help a murderer you get off with time served? and stay in this country??and use the emergency room as your primary doctor?? gee, guess I'll give up my DAR status (came over on the first boat) and go for immigration status. Get more that way. A sorry country we have become that immigrants are served first and we give benefits to our employees to cover this. mean no disrespect to the many legal immigrants but it is about time ...more
By xtiego (283), bridgehampton on Feb 1, 13 7:20 PM
Your proof that this person isn't a citizen is...?

Article says there was no immigration hold.
By Nature (2474), Hampton Bays on Feb 1, 13 7:26 PM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By RealityFirst (597), Bridgehampton on Feb 1, 13 10:01 PM
This is a disgrace!!! Our laws are made to be broken and our concerns are
unheard regarding the illegal immigration issue. There has been a lack of
focus by our Government and the Rule of Law has been thrown out!!!!
When will America wake up to the fact that the Rule of Law will make us
all equal!!! We believe all are accountable! Rest in peace Sister Walsh.
By East Ender (64), Southampton on Feb 2, 13 6:00 AM
His lawyer said he "received a fair trial and an appropriate sentence" and yet he is filing an appeal. WHY??? And we wonder what is wrong with our system of justice
By CaptainSig (417), Dutch Harbor on Feb 2, 13 6:17 AM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By But I'm a blank! (687), Hampton Bays on Feb 2, 13 10:21 AM
1 member liked this comment
Someone is wanted for leaving a rabbit in a supermarket and their picture is in the news the next day. Someone runs down a nun on the street and no picture released. I guess it means whenever you go for a walk you shoud bring some sort of animal with you just in case you get hit by a car.
By CaptainSig (417), Dutch Harbor on Feb 3, 13 7:18 AM
2 members liked this comment
Or maybe have friends in high places? (as has been alleged by others elsewhere)

Tomorrow will mark the 30th week since the hit-and-run left Sister Walsh to die on the side of the road.

11 days later the driver's ID and photo were released.

Justice? Think about it . . .

Rest in Peace, Sister Walsh.
By PBR (4303), Southampton on Feb 3, 13 7:49 AM
Article updated.

“We expect captivity and we trust fully in the Southampton Town Police,” said Chuck Walsh, cousin of the deceased.

Will this trust include clarity from the authorities on the decision to wait 11 days to release the driver's name and photo?

Favoritism MUST be affirmatively ruled out in this delay IMO.

Rest in Peace, Sister Walsh.
By PBR (4303), Southampton on Feb 4, 13 4:09 PM
Today marks the 7th month since Sister Walsh was mowed down and left to die on the side of the road.

Rest in Peace.
By PBR (4303), Southampton on Feb 9, 13 4:17 PM
31 weeks and counting.

Has favoritism been affirmatively ruled out in the 11-day delay?

Rest in Peace, Sister Walsh.
By PBR (4303), Southampton on Feb 11, 13 12:41 PM
“We will follow the trail on this guy until the end of time,” Southampton Town Police Chief William Wilson Jr. said. “We’re never going to stop going after him.”

This quote appeared in the July 18th article, almost SEVEN MONTHS AGO. [link above]

Rest in Peace, Sister Walsh.

By PBR (4303), Southampton on Feb 11, 13 10:12 PM
This evening will mark the 32nd week since Sister Walsh was left to die on the side of the road.

Rest in Peace.
By PBR (4303), Southampton on Feb 18, 13 1:04 PM
Now official -- 32 weeks since former Chief Wilson promised to "follow the trail on this guy until the end of time,"

Rest in Peace, Sister Walsh.
By PBR (4303), Southampton on Feb 19, 13 12:14 PM
The 33rd week is closing.

Rest in Peace, Sister Walsh.
By PBR (4303), Southampton on Feb 25, 13 2:42 PM
The sun is now setting on the 34th week since Sister Walsh was mowed down and left to die on the side of the road.

Rest In Peace.

March 9th will mark the EIGHTH month for this "miscarriage of justice" investigation (to quote the Press's editorial) to remain unsolved.
By PBR (4303), Southampton on Mar 4, 13 5:27 PM
The sun rises on the 35th week of this heinous crime remaining unsolved.

RIP

By PBR (4303), Southampton on Mar 5, 13 8:52 AM
Eight months and counting.

RIP
By PBR (4303), Southampton on Mar 9, 13 12:42 PM
36 weeks of silence from the Town Supv. and PD to justify the 11-day delay in releasing the driver's ID and photo.

Rest In Peace, Sister Walsh.
By PBR (4303), Southampton on Mar 11, 13 9:05 AM
Now 37 weeks and counting.

RIP
By PBR (4303), Southampton on Mar 18, 13 6:26 PM
38 weeks and waiting for the authorities to update us.

Rest in Peace.
By PBR (4303), Southampton on Mar 25, 13 4:18 PM
Tomorrow will mark the 39th week of silence regarding the 11-day delay in releasing the driver's ID and photo.

Rest in Peace on this Easter Sunday, Sister Walsh.
By PBR (4303), Southampton on Mar 31, 13 3:22 PM
Another weekly drum beat for this "miscarriage of justice" according to the Press's editorial.

RIP
By PBR (4303), Southampton on Apr 1, 13 4:55 PM
42 weeks later . . .

RIP
By PBR (4303), Southampton on Apr 22, 13 5:29 PM
The 44th week closes on this failed investigation, with no justification from Southampton Town for the 11-day delay in releasing the suspect's name and photo, nor any comment on possible favoritism because of the driver's employer.

RIP Sister Walsh.

PS -- Thursday will mark the TENTH month.
By PBR (4303), Southampton on May 6, 13 7:03 AM
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