Treaty bars suspect from

seeking refugein Mexico

For decades, fugitives charged with serious crimes committed in the United States made a "run for the border" to Mexico to escape prosecution.

But officials say provisions of a 1978 extradition treaty between the two countries make it appear a Topeka youth police say fled to Mexico this month to escape a murder charge could be returned if caught by police in that country.

Though Mexico's constitution prohibits extradition of their country's nationals, U.S. citizens arrested there may be returned to this country for criminal prosecution, said John Russell, a spokesman for the federal Justice Department.

That law would appear to apply to Ruben Cruz, 16. Cruz, who is thought to be an American citizen, remains at large after being charged in Shawnee County District Court with second-degree murder in the gunshot slaying Aug. 7 of Anthony D. Frazier, 18, of Leavenworth.

Frazier was killed at 1031 N.W. Central. Police aren't saying how he was slain, but neighbors reported hearing an argument and a gunshot from inside the house.

Topeka police on Aug. 12 arrested an aunt of Cruz's in connection with one felony count each of aiding a felon or person charged as a felon and obstruction of the legal process or official duty. Police said the aunt apparently helped Cruz leave the United States for Mexico.

Russell said that for Mexican authorities to capture and extradite a fugitive in that country, U.S. officials must first ask the Mexican government for a "provisional arrest warrant." Topeka police aren't revealing whether such a warrant has been requested for Cruz's arrest.

Twelve years ago, authorities think, one other Topekan fled to Mexico after committing a homicide in Topeka.

The Shawnee County Sheriff's Department in June 1987 asked the public for help finding Jesus Mares, who had been charged with second-degree murder in the beating death of his 2-year-old stepdaughter. Mares remains at large.

Russell said Mexico is willing to extradite suspects charged with second-degree murder as long as they couldn't face the death penalty.

Russell said that Mexico, which doesn't have capital punishment, refuses to return to the United States any crime suspect who could face execution.

Officials say Mexico's government held fast even after Jose Luis Del Toro, 22, fled south of the border in 1997. Del Toro allegedly had shot Florida resident Sheila Bellush in the face, slit her throat and left her 2-year-old quadruplets crawling in her blood.

Two men were convicted of involvement in the crime, and authorities said Del Toro was arrested in Mexico weeks after the killing. But Del Toro, a U.S. citizen who was in Mexico illegally, put up a fight against his extradition to Florida.

Florida officials were unable to bring about his return until last month, when the Mexican Supreme Court ruled Del Toro eligible for extradition in exchange for prosecutors' agreement not to seek the death penalty.

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