Attorney General Alan Wilson to lead prosecution of illegal immigrant charged with hit-and-run of USC student

(COLUMBIA, S.C.) – South Carolina Attorney General Alan Wilson announced today that his office will prosecute Rosali Fernandez Cruz, an illegal immigrant from El Salvador charged in the hit-and-run that led to the death of 21-year-old University of South Carolina student Nathanial “Nate” Baker, a native of Virginia.

“This is a tragic situation, and our hearts go out to the family of Nate Baker, who had a bright future ahead of him,” said Attorney General Wilson. “His family sent him from Virginia to South Carolina to attend his parents’ alma mater and pursue his education. The individual charged in this case is an illegal immigrant ordered to be deported over seven years ago.”  

Baker, a junior business major and active leader in the Phi Gamma Delta fraternity, was riding his motorcycle Wednesday, April 2, when he collided with the suspect at the intersection of Blossom and Assembly Streets. Cruz, driving a pickup truck, fled the scene and was arrested shortly after by the Columbia Police Department. He now faces multiple charges, including: 

• Hit and run resulting in death
• Failure to render aid
• Failure to yield the right of way
• Driving without a license

Authorities have confirmed Cruz is in the country illegally and has had an order for removal since 2018. Attorney General Wilson’s office is coordinating with Immigration and Customs Enforcement to ensure there are no loopholes or escapes from justice. 

“Illegal immigration is one of the top priorities for the state of South Carolina,” said Attorney General Wilson. “As the state’s top prosecutor, I will always make it a priority to enforce the law. Our office will prosecute this case directly. 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.”  

After Cruz’s arrest, an active Immigration and Customs Enforcement detainer was placed on him. This should result in his deportation back to El Salvador once the criminal process is completed.  

You can find the letter sent to Solicitor Byron Gipson here. 

Attorney General Wilson stresses all defendants are presumed innocent until proven guilty under the law.