Unlawful Alien Already Suspected in Murder, Kills 2 in DUI Incident in NYC

It's bad enough that Daryush Omar slammed his vehicle into a livery cab driven by Bessy Velasquez on Sunday, killing her and her passenger, Panayiota Demetriou. He was driving under the influence at the time and is being charged with two counts of vehicular manslaughter and could face 15 years in prison.

What's worse is that he may have killed before. Omar is accused of being involved in the beating death of Thomas Whitney outside a bar two years ago.

On top of that, he shouldn't even have been in the United States.

A 24-year-old resident alien who lived in Plainview, L.I., Omar was born in a Pakistani refugee camp. Sources said they believe he is an Afghan.

Omar was charged with Whitney's May 2006 murder, but the case stalled because prosecutors could not locate witnesses. The U.S. tried to deport Omar, but neither country would take him.

Under a 2001 Supreme Court ruling, the feds couldn't kick Omar out of the U.S. So he was released in April, fitted with an ankle bracelet and ordered to check in regularly.

"He had complied appropriately" with all ICE supervisory regulations, said Kelly Nantel, spokeswoman for Immigration Customs Enforcement.

Until Sunday. At 3:58 a.m., Omar ran the red light at 31st Ave. and 34th St. in Astoria and rammed his Range Rover at 45 mph into Velasquez's cab, police said.

Reeking of liquor and slurring his words, Omar at first denied he was behind the wheel, a criminal complaint charges.

"I had two beers at 10:30," he said. "I believe someone else was in the car with me."

The justice system failed to deal with Omar and keep him off the streets while awaiting trial for his murder rap.