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Armed Guard Charged With Forcing Sex From Asylum Seeker Has Plea Offer Wants No GPS

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Feb 6 – An armed guard forced a man seeking asylum to put her mouth on his penis in the Jacob K. Javits Federal Office Building in lower Manhattan on May 4, 2023 prosecutors charged him on May 5.

 Jimmy Solano-Arias was presented before U.S. District Court for the Southern District of New York Magistrate Judge Stewart D. Aaron on the afternoon of May 5. Inner City Press was there, the only media in the SDNY Mag Court. 

  Solano-Arias is paid to as an armed guard at 26 Federal Plaza. The Victim, who is a native Spanish speaker, went to submit an application for asylum. The complaint, not initially public on PACER, says Solano-Arias asked "if the Victim was by himself or with family." 

  The Victim was taken into a utility closet; Solano-Arias "pulled out his penis and said 'take my milk out.'" The Victim managed to take a video. 

 Nevertheless, the prosecutors agreed to Solano-Arias' release on $175,000 unsecured bond, with travel to New Jersey.

More on Substack here.

On September 5, Solano-Arias appeared before the assigned District Judge Paul G. Gardephe. Inner City Press was there, the only media in the courtroom. His Federal Defender said she plans to move to dismiss, saying he was a contractor, and charged under the wrong statute. She also said it appears there is no DNA evidence. Judge Gardephe said motions are due October 5, and a next conference October 6.

On October 2, Solano-Arias' Federal Defender wrote in that "the Government recently reached out to discuss a potential pre-trial disposition that will only be available before motions are filed."

On November 3, Federal Defenders asked for another 30 day adjournmen "to give Mr. Solano an opportunity to learn about and consider the most recent developments and finalize our plea negotiations."

On November 6, Judge Gardephe adjourned it for a month: "ORDER as to Jimmy Solano-Arias: In a November 3, 2023 letter, defense counsel states that she and the Government have been engaged in discussions regarding a possible pre-trial disposition, and that defense counsel needs an additional thirty days to discuss a potential plea with the Defendant. Counsel requests that the pretrial motions deadline of November 6, 2023, and the conference scheduled for November 7, 2023, be adjourned for thirty days. (Dkt. No. 21) Accordingly, the conference scheduled for November 7, 2023, is adjourned to December 8, 2023, at 2:00 p.m."

On December 5, Solano-Arias' lawyer wrote in asking for a change of plea conference in 45 days.

On December 7, he got it, until January 29: "ORDER as to Jimmy Solano-Arias. In a December 5, 2023 letter, defense counsel states that the parties have been engaged in plea discussions and that they need another 45 days in order to complete those discussions. (Dkt. No. 23) Accordingly, the conference scheduled for December 8, 2023, is adjourned to January 29, 2024, at 2:00 p.m." Then to March 4. And Solana-Aria, by letter dated February 6, asked "to remove the conditions of curfew and location monitoring." Why now?

The case is US v. Solano-Arias, 23-cr-275 (Gardephe)


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