Fatal crash suspect shipped to Mexico three times

The fatal crash of an admired sportscaster in Oklahoma City has sparked a nationwide debate.

Sportscaster Bob Barry Jr. was killed Saturday afternoon after police say 26-year-old Gustavo Castillo Gutierrez made an illegal U-turn on a city street.

A representative from U.S. Immigration and Customs Enforcement said Wednesday the man involved in an Oklahoma City collision had been "voluntarily returned" to Mexico three times.

The ICE spokesperson says Gutierrez was returned to Mexico twice in 2010 and once in 2013.

He was charged Tuesday with felony driving and cocaine offenses.

In a debate on "The Kelly File" on FOX News, legal analysts Arthur Aidala and Mark Eiglarsh joined Megyn Kelly to debate the possibility of a murder case.

Right now Gutierrez is charged with manslaughter, not murder.

Aidala says it was an accident.

"There's no intent, there's no depravity, there's no recklessness, no speeding, no weaving, no intoxication," Aidala said. "He made a U-turn. Everyone who has driven has made an illegal U-turn."

Eiglarsh disagreed and believes Gutierrez should definitely be tried for murder.

“It is a felony offense,” said Eiglarsh. “He was committing possession of cocaine, which is punishable by up to five years in prison, and in doing so he caused the tragic demise of a beloved sports broadcaster.”

The immigration agency has placed a detainer on Gutierrez.

If convicted, the agency will decide whether to take him into custody and remove him from the U.S. after serving time in Oklahoma.

Barry’s funeral is Friday, June 26 at Crossings Community Church.