A 70-year-old man is dead after a two-vehicle crash in northwest Omaha Sunday afternoon, and the driver accused of causing it now faces a motor vehicle homicide charge along with a federal immigration detainer. Douglas County Sheriff's Office deputies responded to the crash near Ida Street and Irvington Road just before 4 p.m. Sunday.
Investigators allege 32-year-old Jose Ortega-Romero ran a red light and collided with a vehicle driven by 70-year-old Christopher Szalkowski, according to KMTV 3 News Now Omaha. Szalkowski was transported to a hospital, where authorities said he later died from his injuries. Ortega-Romero was also driving without a valid license at the time of the crash, the station reports.
Charges Could Escalate Depending on What Investigators Find
Ortega-Romero is now facing motor vehicle homicide charges, per the same account. Under Nebraska law, motor vehicle homicide is typically a Class I misdemeanor carrying up to one year in jail and a $1,000 fine, but specified underlying violations can make it a felony: violations of §§ 60-6,213 or 60-6,214 are Class IIIA felonies, while specified violations of §§ 60-6,196 or 60-6,197.06 are Class IIA felonies, according to Justia Law. Nebraska treats motor vehicle homicide as a distinct charge from manslaughter, requiring proof of an underlying traffic violation rather than malicious intent, according to the Dornan Law Team.
Driving without a valid license is a separate offense in Nebraska, classified as a Class III misdemeanor under state law and punishable by up to three months in jail and a $500 fine, according to Driving Laws. It remains unclear whether Douglas County prosecutors will pursue felony-level enhancements in Ortega-Romero's case, as that determination depends on evidence still being gathered by investigators.
Federal Detainer Adds Another Layer to the Case
U.S. Immigration and Customs Enforcement has issued a detainer for Ortega-Romero, and he will be taken into ICE custody if he posts bond, the station notes. An ICE detainer is an administrative request asking local law enforcement to hold someone up to 48 hours beyond their scheduled release so federal agents can take custody, according to the ACLU. Neither the Douglas County Sheriff's Office nor the Omaha Police Department maintains a formal 287(g) enforcement agreement with ICE, though local agencies routinely notify federal authorities when someone subject to a hold enters county custody, according to KCUR.
A Semi-Rural Intersection With a History of Trouble
The crash site is at Ida Street and Irvington Road in northwest Douglas County. Red-light running is considered strong evidence of negligence in establishing fault under Nebraska law, though any financial recovery claims would still be subject to the state's comparative fault statute, per legal analysis from Harris & Associates.
The crash adds to traffic safety concerns across Douglas County.
The Douglas County Sheriff's Office investigation into Sunday's crash remains ongoing. Details about the exact speed and signal timing at the intersection have not yet been released as reconstruction continues.
