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 Ever Valles is in jail in Denver along with another man for the killing of Tim Cruz, 32, at the Sheridan light rail train station on Feb. 7. He and Nathan Valdez were formally charged with murder Friday.
Immigration and Customs Enforcement had placed a detainer on Valles after he was arrested in October for car theft and other charges.
ICE wanted to be notified of any pending release because Valles was suspected of being in the United States illegally.
ICE said in a statement that it wasn’t informed when Valles was released by the sheriff department on Dec. 20. Valles is an immigration enforcement priority because he is a known gang member with a gang history documented in the Colorado gang database, ICE said.