ESCONDIDO — A man accused in a fatal Thanksgiving Eve hit-and-run that killed an 11-year-old boy — and now at the center of an immigration detainer dispute between state and federal officials — pleaded not guilty to felony hit-and-run on Wednesday in Vista Superior Court.
Hector Balderas Amador, 44, was arraigned Dec. 3 on a single charge alleging he fled the scene after fatally striking 11-year-old Aiden Antonio Torres De Paz with his vehicle shortly after 5 p.m. on Nov. 26 in the 400 block of East Washington Avenue near Hickory Street in Escondido.
Since his arrest, federal immigration officials have issued a detainer request for Amador, saying that he was not authorized to be in the country and had previously been removed four times.
According to Deputy District Attorney Nicole Gerard, Aiden had been playing soccer in his apartment complex when his ball rolled into the road. As he tried to retrieve it, he was struck by Balderas’ vehicle.
Gerard alleged that Balderas left without calling emergency services or attempting to help the boy, leaving him critically injured. Aiden was taken to Rady’s Children’s Hospital in San Diego, where he died the next day on Thanksgiving morning.
“This case is a tragedy and every parent’s worst nightmare,” Gerard said. “We’re doing everything in our power to get justice for Aiden and his family.”
Judge Valerie Summers granted the prosecutor’s request to increase Balderas’ bail from $100,000 to $300,000, citing concerns he may attempt to flee based on factors outlined by prosecutors.
“We believe the defendant poses a flight risk based on his conduct in this case, fleeing the scene, the fact he’s transient, and that he was also born in Mexico,” Gerard said during a press conference following the arraignment.
According to Gerard, records indicate that Balderas has no criminal history and turned himself in to the Escondido Police Department three days after the incident, on Nov. 29.
Gerard said she could not comment on Balderas’ immigration status or discuss recent social media posts by federal law enforcement agencies regarding the case.
On Tuesday, Immigration and Customs Enforcement announced it had lodged an immigration detainer with the San Diego Sheriff’s Office for “Hector Balderas-Aheelor,” a name that differs slightly from court records.
According to the Department of Homeland Security, this is the same person who allegedly struck and killed Aiden.
Immigration officials said Balderas is an “illegal alien” who “was previously removed four times” and that the agency does not expect the detainer to be honored “because California is a sanctuary state.” DHS also released a 2010 mugshot of Balderas.
“Thanksgiving should be a day of celebrating family and giving gratitude, but instead, the family of Aiden Antonio Torres De Paz mourned this beautiful child’s death because a criminal illegal alien stole his life. Now, sanctuary laws threaten to put this killer back onto California’s streets,” stated DHS Assistant Secretary Tricia McLaughlin. “Hector Balderas-Aheelor was previously removed four times before he chose to commit a felony and illegally re-enter the country a fifth time. Gavin Newsom, we are calling on you to do the right thing and honor ICE’s arrest detainer.”
Gov. Gavin Newsom’s press office called it a “complete lie” that the governor was refusing to honor the detainer in a post on X (formerly Twitter).
“As we have repeatedly said: The state coordinates with ICE on the deportation of convicted criminals. California honors federal criminal warrants. Nothing prohibits the federal government from doing its job in this case,” Newsom’s team wrote.
In response, Homeland Security accused the governor of “playing word games.”
An ICE detainer is not the same as a federal criminal warrant. A judge must issue a criminal warrant based on probable cause, whereas an ICE detainer is issued by an ICE officer when the agency initiates an immigration status investigation, according to the American Civil Liberties Union.
“An ICE detainer is also not a criminal detainer,” the ACLU states. “A criminal detainer can be issued only if there are charges pending in another jurisdiction against a person currently serving a criminal sentence, and they are subject to multiple procedural safeguards, including a requirement of court approval.”
Balderas remains in custody at the Rock Mountain Detention Facility. His next court date is Dec. 12.
A GoFundMe created by Aiden’s aunt, Irene Gonzales, has raised more than $21,000 to help his parents with funeral costs, medical expenses, time off work to grieve, basic living expenses and support for a community vigil honoring his life.
