- DHS is citing the killing of James Witten in arguing for tougher action against criminal immigrants in the country illegally.
- The agency says one of the suspects in the case, Axel Chavez, is an immigrant from El Salvador who is in the country illegally.
- The DHS said California officials disregarded prior efforts by immigration officials to detain the man there.
SALT LAKE CITY — The U.S. Department of Homeland Security is citing the case of a man suspected in the May killing of a West Point man in arguing for tougher action against suspected criminal immigrants in the country illegally.
James Randell Witten, a retired U.S. Air Force and Army veteran, was shot and killed outside his West Point home on May 30, and Axel Eduardo Chavez Marroquin is charged with murder in the matter. Chavez, 24, is in the country illegally, according to the DHS, and the agency said in a statement Monday that he had been convicted previously in California of domestic violence in urging Davis County officials not to release him.
"This monster is charged with murdering a 71-year-old Army and Air Force veteran in Utah. California sanctuary politicians released this criminal from jail twice after arrests for domestic violence. Following his release, he went on to commit this heinous murder," said Assistant DHS Secretary Lauren Bis. "This illegal alien should've never been allowed on our streets, and James Witten should still be alive today."
A second suspect, Abner Aroldo Avila, 21, was arrested in California and is being investigated for murder in the case, authorities said last week. Monday's DHS statement, however, makes no mention of Aroldo.
The DHS said Chavez is originally from El Salvador and that he entered the country illegally in California in 2021. It doesn't provide more details of his entry, but points a critical finger at former President Joe Biden, saying his administration released the man into the country. The administration of President Donald Trump has put a focus on cracking down on illegal immigration.
The DHS issued an arrest detainer against Chavez, it said in Monday's statement, essentially requesting that the agency be advised ahead of time if the suspect is to be released. Under detainers, local law enforcement agencies may hold immigrants up to 48 hours beyond the time they would have otherwise been released to give federal officials time to take them into custody.
The Davis County Sheriff's Office confirmed receipt of the detainer for Chavez. He "will remain in custody while his criminal case proceeds," said Megan Maybee, the spokeswoman for the office. Avila, she said, remains in custody in California awaiting extradition.
Chavez is charged in 2nd District Court in Farmington with murder, a first-degree felony, among other things, and was being held without bail in the Davis County Jail as of Monday, according to online jail records.
Aside from pressing for the continued detention of Chavez, the DHS used the case in warning of the dangers of criminal immigrants in the country illegally. Chavez was convicted of domestic violence in 2024 in Santa Ana, California, and arrested on suspicion of domestic violence in 2025 in Laguna Niguel, California, the DHS said.

"ICE lodged detainers for Chavez Marroquin both times, but both times California sanctuary politicians refused to cooperate with ICE and released him from jail back into the community," reads Monday's statement. Chavez had been living in Canoga Park, California.
Bis, in her statement, said Immigration and Customs Enforcement authorities want Utah officials to work with them with the aim of removing Chavez from the United States. "Reckless sanctuary policies in states like California are putting American lives at risk," she said.
The DHS didn't respond to a query seeking more details about Chavez or Aroldo and their migratory status.
Witten was on his porch with his back to the street when a vehicle drove up to the home, according to Chavez's charging documents. Police say a man leapt out of the passenger seat of the car, fired 10 rounds at Witten then ran back to the car, which sped away. Authorities haven't revealed a possible motive or detailed Aroldo's alleged involvement.
Chavez was arrested June 16 in Las Vegas, while Aroldo was arrested in California.









