San Diego County Medical Examiner’s (ME) office late Wednesday officially identified the man who died in U.S. Immigration and Customs Enforcement (ICE) custody Saturday at the Otay Mesa Detention Center.
The name it released, Guillermo Pasqual Verganza, 43, is a Guatemalan national. That was different from what ICE initially released.
In its Oct. 27 notification, ICE said his name was Roberto Jimenez Gutierrez. As of Thursday, the agency still refers to him by that name.
An ICE spokesperson said the detainee provided false information and used several aliases to mislead law enforcement.
The ME’s office said it verified his identity by running his fingerprints through the Department of Justice and California ID’s databases. It also matched that information against his Guatemalan passport.
A county spokesperson said the office also had his family positively identify him through a photo — something it typically does not do. But because of the unusual nature of this case, it took that extra step.
Salvador Sarmiento, an attorney with the National Day Laborer Network, said this was more than just a case of mistaken identity.
“At best, it's outrageous and even possibly criminal negligence,” he said. “It's a cruel and careless violation of their duty of care … but it calls into question how they're meeting their duty of care for all of the people that are in ICE custody today.”
KPBS has sent multiple email requests to ICE asking how it confirms the identity of those in its custody. The agency has yet to respond.
In ICE’s press release, it said Verganza has a criminal history, which includes selling alcohol to a minor, spousal abuse and child abuse. His family denies those allegations. But given the mismatched identity, it calls into question that long list of criminal charges.
ICE has also not responded to questions about the alleged charges.
Benjamin Prado of the American Friends Service Committee said ICE has a responsibility to positively identify anyone in the agency’s custody.
“That is the reason why (detainees are) taken downtown to the federal building. They're fingerprinted, their biometrics registered,” he said. “Now, if they have that wrong, how many other cases are there of individuals that are misidentified?”
Prado said the family has reached out asking for help with repatriating Verganza’s body to Guatemala. The Guatemalan Consulate in Los Angeles said it is aware of the case and is working with the family.
