Palm Beach County public records dated November 8, 2019 reveal the attorney defending Guatemala native Genaro Delacruz Ajqui in the death of paramedics Paul Besaw and Lahiri Garcia was unsuccessful in his effort to claim an illegal blood draw.
While the Fourth Amendment clearly provides all searches of persons and property are unreasonable absent a warrant or exception, in the State of Florida all licensed drivers consent to give breath or blood in exchange for the privilege to drive under Florida State Statute 316.1932 (1) (c).
The process of attempting to find Delacruz Ajqui mentally deficient to proceed to trial and waving his right to a speedy trial has also slowed the day of reckoning in this case.
Having been declared indigent after his June 2017 arrest and citing traumatic brain injury in addition to anxiety disorder, Ajqui was found mentally incompetent to proceed almost one year after his June 2017 arrest when in May 2018 he was remanded to a Florida Department of Children and Families mental health facility for six months. Court records reveal defendant Ajqui was subsequently found competent to proceed to trial in a December 2018 status check.
Although this WPTV news report cited a spokesperson for Immigration and Customs Enforcement (ICE) statement that:
"ICE lodged a detainer on Genaro De La Cruz , a citizen of Guatemala, with the Palm Beach County Jail after he was arrested on local charges.",
the arrest report on file with other court documents does not nor does the arrest & bond section of the county website indicate if Ajqui is lawfully present in the United States.
Nearly two and one-half years after his arrest Ajqui has been order to appear in court again on January 3, 2020.
