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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