By Ryan Kath and Beth Germano, WBZ-TV

BOSTON (CBS) – The man accused of murdering two doctors inside their South Boston penthouse likely avoided the threat of deportation last year when he agreed to a plea deal for two different bank robberies.

According to court documents and an audio recording reviewed by WBZ-TV, Bampumim Teixeira’s punishment for those crimes allowed him to keep his green card and skirt federal immigration laws.

teixiera Why Wasnt South Boston Murder Suspect Deported?

Bampumim Teixeira at his hospital-bed arraignment May 8. (WBZ-TV)

Teixeira admitted to robbing the same Citizens Bank twice – once in 2014 and later in the summer of 2016. At his hearing in September, prosecution and defense attorneys made a joint motion for a 364-day jail sentence.

The length of the sentence is significant because a punishment of a year or more in jail qualifies as an “aggravated felony” that would’ve made Teixeira deportable, immigration law experts told WBZ.

But his punishment fell a day short.

Immigration attorney Marisa DeFranco calls it a loophole in the federal law.

“It’s a tactic used by defense attorneys to prevent immigration consequences to somebody’s convictions,” she told WBZ-TV.

During the hearing, attorneys also amended the charges from unarmed bank robberies to less severe convictions of “larceny from a person.”

Those two convictions could’ve still been grounds for deportation because they are considered “crimes of moral turpitude,” immigration law experts explained.

However, there was another important distinction: the earlier 2014 robbery case was resolved as “guilty filed” and the judge only imposed a sentence on the 2016 incident.

In the eyes of federal immigration law, the “guilty filed” disposition does not constitute grounds for deportation.

In an audio recording of the plea hearing, there is little discussion about the sentence. Judge Lisa Grant included a warning about deportation consequences as part of the items she is required to read to defendants who are pleading guilty.

“I’m required to tell you, sir, that if you’re not a citizen of the United States, the acceptance by this court of your plea of guilty may have the consequences of deportation, exclusion from admission, or denial of naturalization,” Grant instructed Teixeira.

Teixeira’s defense attorney, Steven Sack, declined to answer questions about factors that might’ve played a role in his client’s plea deal.

Jake Wark, a spokesman for the Suffolk District Attorney, told WBZ-TV the sentence was appropriate based on the facts of the unarmed robbery cases and Teixeira’s lack of any previous criminal history. He described Teixeira as a legal permanent resident of the United States since 2010.

“No plea in any criminal case automatically results in a person being deported,” Wark wrote in an email. “In fact, federal immigration law is so complex and variable that state prosecutors strive to focus our work on accountability in Massachusetts courts, where, for this defendant, they obtained a nine-month committed sentence followed by three years of court supervision on a case that involved no weapon, no actual use of force, and no injuries.”

Wark went on to write, “This sort of speculation only serves to detract responsibility for two murders from the only individual responsible for them – Bampumim Teixeira.”

bampumim teixeira Why Wasnt South Boston Murder Suspect Deported?

Bampumim Teixeira. (Image credit: Cheryl Fiandaca – WBZ-TV)

DeFranco said the tragic case still has many unanswered questions.

“He still may have been deportable even though his savvy attorney figured out a loophole. Other analyses need to be done and that’s ICE’s jurisdiction,” she said.

An ICE spokesman would only tell WBZ that the agency has no legal role in the matter at this time.

“However, we’ll continue to monitor the case as it develops and should this person be convicted, ICE may have a role in the future,” he said.

Comments (9)
  1. Are you kidding me , 2 robberies and he receives 364 days and only does 9 months !!!! I don’t know who screwed up here but whoever did should have to do his prison time with him . That will not bring back the Drs. but maybe next time _______ ???????

  2. Robert Smith says:

    The families of Field and Bolanos should file a wrongful death claim against the city of Boston ASAP!
    Potential damages could be north of $20 million….

  3. Too bad it wasn’t the judge who was the victim. Ya it’s great these immigrants come to America to rob the banks and kill the taxpayers that Americans don’t want to. Pass a law to get rid of Hack Judges! Thank you Deval!

  4. enjoy your cultural enrichment and DIEversity you stupid goyims

  5. 2 questions: How was him being a “green card holder” equal to being a permanent legal resident? Second, was he actually convicted of the double murders yet? This article seems to be addressing the discussions and pleas for the “unarmed robberies”, perhaps so they could toss that out as “priors”. Seems like murder if convicted would be enough for deportation. I THINK that ICE can’t do anything because he hasn’t been convicted yet. Am I right? Where was the mind of the Prosecutor in the robberies who would EVER accept such a plea deal? He/She, the judge and the defense attorney all are guilty of going “easy” on this man for those robberies. BTW, unarmed, but pointing something at the tellers, doesn’t seem like “unarmed” to THEM at the time!!

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