Undocumented immigrant who killed USC student gets 1 year after AG took case
The death of a University of South Carolina student caused an immediate firestorm when it emerged that the driver of the truck involved in the hit and run was an undocumented immigrant. Within 20 minutes of each other, candidates for governor Lt. Gov. Pamela Evette, U.S. Rep. Nancy Mace and Attorney General Alan Wilson all posted on X about Rosali Fernandez Cruz being in the country illegally.
Wilson announced that as attorney general he was taking over the prosecution of Cruz’s case from Fifth Circuit Solicitor Byron Gipson.
“The people of this state expect action, and this office will ensure the rule of law is respected and enforced,” Wilson said in a statement at the time.
But in August, with no press release or announcement, three of the four charges against Cruz were dropped and he was sentenced to one year in prison for a hit-and-run resulting in death. Cruz was also given credit for 131 days of time served.
Cruz will likely be deported back to El Salvador once he has served his sentence. According to records from the South Carolina Department of Corrections, Cruz is incarcerated at the Kirkland Correctional Institution.
South Carolina sentencing guidelines set the range of prison time for a fatal hit-and-run between one and 25 years.
The fatal collision took place on April 2 at the busy intersection of Blossom and Assembly Streets near the heart of USC’s campus. Cruz, who was driving a pickup truck, made a left turn and struck USC student Nathaniel “Nate” Baker, 21, who was riding a motorcycle. The outgoing and friendly business student was killed and Cruz fled the scene. He was apprehended nearby on Greene Street.
The dropped charges against Cruz were failure to render aid, failure to yield right of way and driving without a license, first offence. Court records indicate that they were dismissed as not indicted.
While Cruz’s actions drew anger from some in Republican politics, at Baker’s memorial service, his mother offered a message of grace.
“Mr. Cruz, my family and I know this was an accident, we are praying for you,” said Leslie Baker
Why did Wilson take the case?
In a letter to Gipson, Wilson said that taking over Cruz’s case was part of the attorney general’s “ongoing review of various matters involving the presence of illegal immigrants in South Carolina.”
“Illegal immigration is one of the top priorities for the state of South Carolina,” said Wilson in a statement at the time. “Law and order, border security, and the safety of South Carolina and the nation’s families are of utmost importance to me and my office. The people of this state expect action, and this office will ensure the rule of law is respected and enforced.”
Over the past several years, Wilson has made immigration a centerpiece of his politics. The attorney general has travelled to the southern border and has focused his office’s efforts on combatting drug trafficking linked to Mexican cartels.
It was the first time this year that Wilson’s office has involved itself in a case from Gipson’s office. Last week, Wilson sent Gipson a letter telling the solicitor that the attorney general’s office “stood ready” to take over the prosecution of Alex Dickey, a South Carolina man accused of killing 19-year-old Logan Federico during a robbery in Columbia.
Federico’s case has received national attention as part of a renewed push among Republican lawmakers to crack down on violent crime.
This story was originally published October 8, 2025 at 10:46 AM.