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An illegal immigrant accused in a fatal DUI crash that killed a beloved college soccer player and his girlfriend in North Carolina had a prior DWI charge dismissed years earlier — a history now fueling renewed debate over immigration enforcement, court records show.
Court documents reviewed by Fox News Digital show Juan Alvarado Aguilar, 37, was charged with driving while impaired in Cabarrus County on Nov. 5, 2020. The case was dismissed with leave by the district attorney, a procedural move under North Carolina law that removes a case from the court docket without terminating it and allows prosecutors to reinstate the charge under limited circumstances.
The unresolved status of that prior DWI charge has drawn renewed scrutiny following the fatal crash that killed Fletcher Harris, 20, and Skylar Provenza, 19.
According to the North Carolina State Highway Patrol, the crash happened late 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 crash that killed two people. (Rowan County Sheriff’s Office)
Aguilar appeared in court Tuesday with the assistance of a Spanish translator and faces two counts of felony death by vehicle and one count of driving while impaired in connection with the Jan. 16 crash, according to WCNC.
Prosecutors requested Aguilar’s bond be increased from an initial $250,000 to $2 million, citing his criminal history and concerns he could flee. The judge exceeded that request, setting bond at more than $5 million.
“I’m very concerned about his appearance in court and the facts of this case,” the judge said before issuing the bond decision, WCNC reported.
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Fletcher Harris and Skylar Provenza are shown in an undated photo. The two were killed in a DUI crash, according to authorities. (Instagram/ skylar_provenza)
Prosecutors told the court that a state trooper noted the odor of alcohol at the scene was so strong it overwhelmed other smells, including burnt rubber and oil. Aguilar admitted he was the driver and that no one else was inside his vehicle, according to court testimony.
Troopers also testified that Aguilar was stumbling at the scene and fell into a trooper as he was walking to a patrol car before being handcuffed. He later complained of back pain and was taken to a hospital, where his blood was drawn as part of the investigation, prosecutors said.
During the hearing, prosecutors revealed Aguilar has two prior failures to appear in court and a previous DWI charge on his record. An Immigration and Customs Enforcement detainer has also been placed on him, according to WCNC, with prosecutors arguing he posed a significant flight risk.
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Fletcher Harris and Skylar Provenza are shown in a photo taken before their deaths. The two were killed in a DUI crash, according to authorities. (Instagram/ skylar_provenza)
Jail records show Aguilar is being held at the Rowan County Detention Center with his next court appearance 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 and sustainability studies and biology, according to the school. The college said Harris was consistently recognized on the presidential honor roll and the 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 policies for the deaths, saying, “The lives of Fletcher Harris and Skylar Provenza were senselessly taken by an illegal alien driving while impaired. He had no business being in our country and two more young lives have been stolen by open border policies.”
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The case has also renewed attention on federal legislation aimed at illegal immigrants convicted of serious impaired driving offenses.
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 federal immigration law, making offenders subject to removal and barring them from obtaining legal immigration status.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.