One of two men arrested on suspicion of committing a violent attack on a Santa Maria woman who later died had been released from jail five days before the incident, according to the Santa Barbara County Sheriff’s Department.
But officials there said state law and federal court cases prevent law-enforcement agencies from holding undocumented immigrants without a warrant signed by federal judge.
Victor Aureliano Martinez, 29, is an undocumented immigrant who has had four stints in the Santa Barbara County Jail since 2009, Lt. Craig Bonner said late Thursday night in a report on the man’s arrest and jail custody history.
The jail released Martinez three previous times.
He remains in custody following his July 25 arrest in connection with the physical and sexual attack on Marilyn Pharis, 64, in her home in the 900 block of North Dejoy Street.
Martinez, who was born in Durango Canatlan, Mexico, was released July 20 because there was no detainer request from the Immigration and Customs Enforcement, Bonner said.
“The Santa Barbara County Sheriff’s Office policies and procedures in handling ICE immigration detainer requests are based upon two significant laws/ legal decisions,” Bonner said.
The 2013 California Transparency and Responsibility Using State Tools Act (“Trust Act”) identifies when state and local law enforcement agencies may detain an individual based upon an ICE immigration detainer request, the Sheriff’s Department said.
A decision in a federal court case, Miranda-Olivares v. Clackamas County from 2014, also said that holding a person in custody based solely upon an ICE immigration detainer request may violate the individual’s constitutional rights.
The decision also said that a local or state agency could be held liable for this violation of constitutional rights.
Based upon those constraints, the Sheriff’s Department policy requires ICE to obtain a court order or arrest warrant signed by a federal judge or magistrate to keep an inmate in custody beyond the requirement of local charges.
“The impact of these two laws causes a significant legal and moral conflict for California sheriffs when handling ICE immigration detainer requests.,” Bonner said. “It is imperative that the federal government work to remedy this conflict and provide clear guidance to California sheriffs.”
The San Luis Obispo County Sheriff’s Office on Wednesday issued a similar explanation on its Facebook page after a man arrested by the Paso Robles Police Department for alleged child abuse posted bail despite being an undocumented immigrant.
Martinez was first arrested Nov. 12, 2009, for driving without a valid license and spent several days in County Jail. He also was booked into the jail May 22, 2014, and July 17, 2015, before he was captured in connection with the attack on Pharis.
He remains in custody on suspicion of felony attempted murder, felony assault with the intent to commit rape during the commission of a first-degree burglary, felony burglary, and resisting arrest.
Bail was set at $1 million.
ICE has provided an immigration detainer request for voluntary action, but not the paperwork sought by county jails to place an ICE hold on him.
“As of the present date, the Department of Homeland Security, Immigration and Customs Enforcement has not provided the Sheriff’s Office with a court order or warrant signed by a federal magistrate or judge,” Bonner said.
In addition to Martinez, Santa Maria police also arrested Jose Villagomez, 20, of Santa Maria in connection with the attack Pharis who died eight days later in a local hospital.
Santa Maria Police Chief Ralph Martin and Santa Barbara County District Attorney Joyce Dudley plan to hold a press conference Friday afternoon, likely regarding whether murder charges will be filed against the men.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.