Investigation gets action in bringing wanted killer back to U.S.

ATLANTA — A Channel 2 Investigation is now getting results in helping to bring a wanted killer to justice.

A local district attorney is now taking the necessary steps to bring a murder suspect, hiding in plain sight, back from Mexico.

Fugitive Jorge Montiel is charged with killing Forsyth County mother, Maria Reyes, in 2010.

This week, Channel 2's Aaron Diamant found District Attorney Penny Penn had not started the extradition process, because she was concerned about the cost.

On Tuesday, Diamant confirmed through two sources that the process is now under way.

With the help of a private investigator, Diamant tracked Montiel to the city of Tunancingo in Mexico.

"We want him back badly," FBI Special Agent Stephen Emmett said.

However, the FBI's hands have been tied for the last year and a half, because Penn didn't apply for what's called a provisional arrest warrant to start the extradition process.

"If that prosecutor doesn't use that tool, that's really for them to explain," Emmett said.

Penn refused to go on camera, but told Diamant by phone her main concern was the costs involved.

"At the end of the day, its justice," Gwinnett County District Attorney Danny Porter said. "I don't think its cost."

Porter has sought about a dozen provisional warrants over the years.

"I think it's important to our citizens that we pursue these people with the resources that we have available," Porter said.

Sources confirm, after Diamant started digging into the Montiel case, Penn is now applying for that warrant.

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"The old line in criminal law is that criminal prosecution is not like wine," Atlanta attorney and extradition expert Dan Conaway said. "It's doesn't get better with age."

Since the application process could take months more, Conaway said those initial concerns over costs could cost the district attorney the case.

"Usually, criminal cases for the prosecution fall apart the longer you wait," Conaway said.

Channel 2 Action News spent the last few days working to confirm the Penn's decision through our sources, because she has not returned our recent calls or responded to our emails.

Diamant still wants to ask her why the change of heart.

Meantime, Channel 2 Action News will stay on this story now that the ball is rolling.

WSBTV