Prosecutors say an illegal immigrant who was wanted by ICE and released under New York’s controversial bail reform laws has been arrested again, this time for the alleged brutal rape of a woman.
Cruz Garcia, 43, was indicted for first-degree rape, first-degree unlawful imprisonment and second-degree strangulation by a Delaware County grand jury on Aug. 10.
In first announcing the indictment Tuesday, Delaware County Acting District Attorney Shawn Smith said Garcia is accused of strangling the victim until the point that she nearly lost consciousness on July 25. Garcia is accused of unlawfully restraining the victim “under circumstances that exposed her to serious physical injury.”
Prosecutors say he forcibly engaged in sexual intercourse without the victim’s consent “by means of forcible compulsion,” and the victim was “transported to the hospital emergency room because of the injuries she sustained.”
The alleged attack unfolded about a month and a half after Garcia had been released in a case where he had been charged with separate, unrelated felony charges from Orange County. Garcia was arraigned on June 12 in Orange County Court on charges including felony DWI and first-degree aggravated unlicensed operation.
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“Unfortunately, due to New York State’s bail reform laws the defendant was automatically released from custody on those felony charges,” Smith wrote. “This defendant lacks any legal status in the United States, and he was wanted by the United States Immigration and Customs Enforcement [ICE], due to an unrelated criminal conviction, prior to the Orange County indictment or this indictment.”
Cruz Garcia, an illegal immigrant, was indicted on rape and other charges in Delaware County, New York. He is now in ICE custody. ( Delaware County Acting District Attorney’s Office)
Garcia is currently in ICE custody in Batavia, New York, awaiting deportation hearings.
“What we are seeing is a preventable tragedy precipitated by Albany’s bail reform laws and failed migrant policy,” Rep. Marc Molinaro, R-NY, said. “We need to stop accepting failed policies that put families in our communities in danger. There is nothing controversial or partisan about prioritizing the safety of Upstate New Yorkers. I once again call for bipartisan action.”
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Rep. Marc Molinaro, R-N.Y., walks down the House steps after votes on Thursday, Jan. 12, 2023. Molinaro called for bipartisan action on Albany bail reform laws and “failed migrant policy” after an illegal immigrant’s arrest on rape charges. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
“This case clearly highlights the dual failures of Albany and Washington,” Republican state Sen. Peter Oberacker added in a statement. “The absence of any practical immigration policy coupled with the proven debacle known as bail reform is endangering public life on a daily basis. Dangerous criminals continue to receive a pass here in New York State and our police and prosecutors are forced to continually fight upstream to do their jobs.”
“As a sponsor and co-sponsor of several bills to end bail reform in New York, I will continue to advocated for a return to sanity and safety of our streets,” Oberacker added.
Smith commended New York State Police for their investigation into the case, as well as the Safe Against Violence staff for supporting the victim. The prosecutor vowed to make sure Garcia “is held accountable for the alleged crimes before any deportation proceedings are completed.”
New York Gov. Kathy Hochul speaks during a press conference on gun violence prevention and public safety on July 31, 2023, in New York City. Hochul’s attorneys criticized Mayor Eric Adams’ response to the migrant crisis this week. (Michael M. Santiago/Getty Images)
New York enacted bail reform measures in 2020 under former Gov. Andrew Cuomo.
In her state of the state address, Gov. Kathy Hochul – who was Cuomo’s lieutenant governor – acknowledged the controversy surrounding bail reform while standing by its “righteous” goal in declaring, “the size of someone’s bank account should not determine whether they sit in jail, or return home, before they have even been convicted of a crime.”
“Bail reform is not the primary driver of a national crime wave created by a convergence of factors, including the pandemic,” she added in January. “Bail reform law as written now leaves room for improvement.”
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This week, Hochul’s attorneys sent a 12-page letter ripping New York City Mayor Eric Adams’ response to the arrival of some 100,000 migrants so far. Erie County, in western New York, has stopped accepting migrants under New York City’s resettlement program after two migrants were arrested on sexual abuse and rape charges.
