OSCEOLA COUNTY, Fla. — Federal court documents show the man accused of killing four family members in an Osceola County crash last month is petitioning to be released from immigration custody and be deported.
- Man accused in fatal SR-429 crash wanted to return to Brazil
- Lucas Dos Reis Laurindo in US on B2 tourism visa; employment prohibited
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Lucas Dos Reis Laurindo, 26, is currently being held in ICE custody in Glades County.
The U.S. Attorney's Office says Laurindo’s petition should be dismissed.
A Massachusetts family was riding in a van the night of February 18 on State Road 429 in Osceola County when the Florida Highway Patrol said Laurindo did not slow down in rush hour traffic and rear ended them, killing four members of the Fay and Smith family.
Now, Laurindo is requesting he be allowed to return to his native country Brazil.
Court documents show three days after the crash he tried to board a flight at the Orlando International Airport to Dallas with a connection to Brazil, but a border patrol agent arrested him.
"Immigration authorities were authorized to arrest and detain Petitioner based on the evidence obtained during the FHP accident investigation that he had been working in the United States in violation of his admission into United States as a B-2 visitor for pleasure," the records detail.
Laurindo is in the U.S. under a B2 tourism visa. Employment is prohibited.
Documents show he was a full-time employee since December 2019 with the construction company Cramcrete LLC.
He was driving a work truck the night of the crash.
Orlando Immigration lawyer Rusten Hurd said this an unusual situation, and Laurindo is clearly in violation of his visa.
"The federal judge is going to have to make a determination whether to grant the writ and allow him to get out or to deny it. My sense is based on reading the pleadings, he's going to have a very difficult time to convince a federal judge to let him out, more than likely he will have to go in front of the immigration judge," Hurd said.
He went on to say that if Laurindo made it back to Brazil, extradition could have been difficult.
"Essentially, he's trying to make an end-run around the immigration system. Instead of facing the immigration judge and taking his chances there, he's gone into federal court to try and get around it. So we'll see what happens," Hurd said.
The Florida Highway Patrol said a ticket for careless driving is the most serious charge they could make for the man now, trying to be released from immigration custody.
"It's a traffic ticket with a death. It's a mandatory court appearance. A judge will include a sentence which could include a fine, a license suspension," Lt. Kim Montes with FHP said.
Montes explained why the charge isn't higher.
"The only time it rises to vehicular homicide or something greater is if we show signs of reckless driving, someone doesn't have a valid license. So, this is the most serious charge that can be made," she said.
We reached out to Laurindo's employer Cramcrete LLC to find out why he was working there when he wasn't legally permitted to. We're waiting to hear back.
Laurindo is due back in court March 16.
