Niagara Gazette

Crime

July 28, 2010

Suspected illegal immigrant pleads not guilty

Man being held after Sunday morning incident

NIAGARA FALLS — A man suspected of being an illegal immigrant pleaded not guilty to a charge of disorderly conduct Tuesday night in Newfane Town Court.

Meanwhile, the Niagara County Sheriff’s Office is receiving complaint calls that law enforcement officials are not doing enough with his case.

Sebastian Martinez-Perez, 28, no known address, was charged by deputies early Sunday morning after witnesses reported him recklessly driving.

Deputies said they found Martinez-Perez standing in a ditch on the passenger side of his vehicle. Martinez-Perez reportedly became uncooperative with deputies.

He was taken to the Niagara County Jail in lieu of $100 bail.

“At this date and time, Mr. Perez is still in our facility with a detainer on him at bail set at $100,” Chief Deputy Steve Preisch said Monday.

Preisch said many complaints have come into the sheriff’s office regarding the “relatively low bail.” He said those who called are concerned the defendant is illegally in the state and that law enforcement is not doing all it should.

“He was only charged with disorderly conduct, a violation. The most bail we can set is at $100,” Preisch said.

Preisch said the Border Patrol has been notified.

“When we encounter someone we think may be here illegally, we call the Border Control ICE (Immigration and Customs Enforcement),” Preisch said. “(The sheriff’s office) has limited resources in this kind of situation, so we contact the specialists to help handle this kind of thing.”

If and when Martinez-Perez is released, the case will be solely handled by Border Patrol, Preisch said.

Niagara County Border Patrol could not be reached for comment Wednesday.

Martinez-Perez is scheduled to meet Wednesday with town prosecutor James Sansone in Newfane Town Court.

On Wednesday, Sheriff James R. Voutour met with local Border Patrol officials to work on a new program at the department called Project Safe Neighborhood.

Preisch said the project is in its “infancy stages,” but the department hopes to participate in the program.

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