Anastacio Eugenio Lopez Fabian, an undocumented immigrant who has been deported twice, was arrested for allegedly raping a girl younger than 14 years old.
Immigration and Customs Enforcement (ICE) spokeswoman Carissa Cutrell told The Daily Astorian that Fabian had previously been deported to Guatemala in 2013 and 2014.
Beginning in 2016, the 24-year-old allegedly had sex several times with a girl who was under 14 years old. In February, Seaside, Oregon, police arrested him after he allegedly assaulted her and charged him with:
- two counts of second-degree rape
- three counts of third-degree rape
- fourth-degree assault
According to The Daily Astorian, second-degree rape convictions carry a mandatory maximum sentence of six years in prison.
Fabian posted his $25,000 bail and was released — a move Cutrell criticized.
She said in a statement that ICE was only notified after his release, but Clatsop County Sheriff Tom Bergin explained that unless ICE notifies them, after someone posts bail, there’s “not much we can do.”
“ICE puts out a blanket statement every time they do these things because they want to cover their butts,” he told The Daily Astorian. “Believe me, we want to hold these guys.”
During an interview with KATU News, he explained holding someone after they’ve posted bail opens the county up to a million-dollar lawsuit.
He added that if ICE had warrants signed by a judge and did things judicially instead of administratively, law enforcement would be able to “help them immensely.”
KATU News reported ICE officials arrested Fabian in a courthouse parking lot on March 7 for immigration violations.
“ICE focuses its enforcement resources on individuals who pose a threat to national security, public safety, and border security,” a statement from officials said.
The Daily Astorian reported Fabian is in custody at the Northwest Detention Center in Tacoma, Washington. According to KATU, he is scheduled to make an appearance in court for his rape case in April.