In the wake of the tragic death of beloved Oklahoma sportscaster Bob Barry Jr. in a motorcycle crash, some are questioning why the man responsible for Barry's death was in the U.S. in the first place.

Trace Gallagher reported on "The Kelly File" last night that Barry, who worked in Oklahoma City for 30 years, was driving his motorcycle in the left lane when a driver in the right lane suddenly made an illegal U-turn. He smashed into Barry, killing him.

Gallagher reported that the suspect, Gustavo Gutierrez, is a Mexican national who was in the U.S. illegally.

Gutierrez was arrested for causing an accident while operating a vehicle without a state driver’s license and possession of cocaine, Gallagher said.

"As in other cases like this, Immigration and Customs Enforcement won't say if Gutierrez has been deported before or if he had a known criminal background in Mexico," Gallagher said.

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Arthur Aidala and Mark Eiglarsh joined Megyn Kelly to discuss if this could be prosecuted as a murder case.

Aidala said that it could, according to the letter of the law. But he asserted that prosecutors filed the appropriate charges.

"There's no intent, there's no depravity, there's no recklessness, no speeding, no weaving, no intoxication," Aidala said. "He made a U-turn. Everyone who has driven has made an illegal U-turn."

Eiglarsh disagreed, pointing out that not only was Gutierrez in possession of cocaine, he made the U-turn from the right lane without even looking.

"I call that culpable negligence, maybe even reckless," Eiglarsh said. "It's a criminal offense."

Eiglarsh said he believes that prosecutors absolutely could charge Gutierrez with murder.

"He was committing possession of cocaine, which is punishable by up to five years in prison. And in doing so, he caused the tragic demise of a beloved sports broadcaster."

Watch the "Kelly File" debate above.

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