Police ‘had no power’ to stop US suspect fleeing UK
AMENTAL health nurse who was left unable to walk for six weeks after a car crash has been told the service provided by police was “acceptable” despite the US suspect leaving the country before facing court.
Issac Calderon is accused of causing 56-year-old Elizabeth Donowho serious injury by dangerous driving following a collision in July last year.
Ms Donowho submitted a complaint to West Mercia Police after discovering Calderon was able to leave the UK on a commercial flight to Texas on November 25 despite being labelled a potential “flight risk”.
The suspect’s father previously said the FBI had been in contact about “extraditing him”, but Ms Donowho said she no longer believes he will come back to the UK.
The force said the suspect was not arrested immediately after the incident on the A4103 near Shucknall in Herefordshire due to requiring medical attention for serious injuries.
As a result of not being arrested, Calderon had no bail conditions imposed, meaning there was, according to police, “no power to stop him leaving the country, even if he was identified at a port”.
The force told Ms Donowho it had requested the suspect was put on the National Border Targeting Centre’s watchlist, but he “did not meet the criteria for a marker to be added, as it is only to be used if the individual is deemed to be travelling in furtherance of criminality”.
Police also said Calderon had lost his job “due to the upcoming court case”, which led them to identify him as a flight risk as his work visa was subsequently coming to an end.
In a letter responding to Ms Donowho’s complaint, seen by the PA news agency, a representative of the force’s professional standards department said there was “no indication” he would not attend Kidderminster Magistrates’ Court on December 1.
The letter read: “One of the necessity reasons listed in... the Police and Criminal Evidence Act 1984 is to ‘prevent any prosecution for the offence from being hindered by their disappearance’.
“Although it was identified that Mr Calderon was a United States National, there was no indication that he would leave the country or that he would not attend court.
“He provided a fixed address, had attended a voluntary interview, and complied with all police processes.
“He had been in the country since March 2023. He was asked about his future movements during interview, and he stated he would be in the country until March 2024, and provided a work visa to show the length of his stay.
“We fully expected the defendant to turn up to court, therefore, there was never any reason to arrest him, and as such this removes any ability to place any conditions of bail on him, including seizing his passport.”
The letter concluded by saying: “Based on the conclusions of this complaint case, the outcome is that the service provided by the police was acceptable, and in this case, there was no learning identified.”
Ms Donowho, from Malvern, Worcestershire, suffered multiple fractures in the crash – including both ankles, her sternum and her right hand.
Police previously told Ms Donowho that Calderon had been carrying out work “associated with the secret service” and was working on matters “that might come under the Official Secrets Act”.
Speaking about the response she received to her complaint, Ms Donowho said: “This response to my complaint from West Mercia Police just adds insult to injury.
“They have let me down over and over again and it just continues. Calderon should have surrendered his passport and they only have themselves to blame for their mistake.
“They are more concerned with their reputation than my interests as a victim. It is now over four months since Calderon left.
“The authorities refuse to update me on the extradition and I no longer believe he is going to come back.”
The case followed a 2019 crash which caused the death of teenage motorcyclist Harry Dunn, and led to US citizen Anne Sacoolas departing the UK 19 days after the incident after diplomatic immunity was asserted on her behalf.
Ms Donowho previously said the incident was cited by police when they explained to her that Calderon was deemed a flight risk. It is understood there are no issues surrounding diplomatic immunity in Calderon’s case.
Chief Superintendent Gareth Morris, of West Mercia Police, said: “We understand that for Ms Donowho this has been distressing and frustrating.
“As her and the public would rightly expect, we have thoroughly reviewed our response to the incident and shared the findings with Ms Donowho.
“There are legal criteria for when an arrest can be made, and they were not met on this occasion due to the immediate medical needs of the suspect, and his subsequent cooperation with our investigation.
“This included him attending a police station for interview, following which a requisition was sent to him and a court date set. The police do not have a general power to seize a person’s passport and the criteria to do so was not met at the time.”