Thread: Alleged Child Molester Still in Country

Published November 16, 2008 08:39 am - The illegal immigrant accused of molesting a 7-year-old girl in Clark County has still not been deported as the case hangs in legal limbo.

Alleged molestor still in country

By MATT THACKER
Matt.Thacker@newsandtribune.com


The illegal immigrant accused of molesting a 7-year-old girl in Clark County has still not been deported as the case hangs in legal limbo.


Jorge Avila, 21, of La Grange, Ky., was released from the Michael L. Becher Adult Corrections Facility last month because he had been held too long without going to trial. Because he is an illegal immigrant, Avila was turned over to Immigration and Customs Enforcement (ICE) in Illinois.

Avila had been scheduled for deportation until the U.S. Marshals picked him up last week on federal charges of re-entering the country after deportation, according to ICE Public Affairs Officer Gail Montenegro.

U.S. Marshals confirmed Avila is still in its custody in Indianapolis. But now, the U.S. Attorney’s Office for the Southern District of Indiana said it plans to dismiss the federal charge against Avila because he can only be charged with re-entry in the state where he originally entered the country illegally. Unless a court order is issued demanding Avila’s return to Clark County, he still remains set for deportation.

The U.S. District Court Clerk’s office said no further hearing dates have been set for Avila.

Avila had been scheduled for trial Oct. 14 in Clark County Superior Court No. 1 on two class A felony counts of child molesting and one count of class C felony child molesting.

Avila allegedly also gave the victim and her mother a sexually transmitted disease.

He was released because of a rule stating that a defendant cannot be held in jail more than six months without going to trial. Deputy Prosecutor Shelley Marble disagreed with the decision, arguing that Avila’s original trial had been postponed due to court congestion.

Avila’s ex-girlfriend and mother of the alleged victim said she was worried Avila would return to Indiana after being deported because he has family in the area. She said he returned after being deported once before.

Avila allegedly molested a 7-year-old girl from June 2004 until August 2005 in Jeffersonville and gave her and her mother the sexually-transmitted disease, trichomonas.

The mother said she was told by immigration authorities that Avila would be deported to Mexico the next day. But last Monday, an official with U.S. Immigration and Customs Enforcement contacted The Evening News and The Tribune to request copies of previous articles written about Avila. That week, he was turned over to U.S. Marshals.

Amber Shaw, who was appointed to represent Avila, said the state recently filed a motion to amend charges but then withdrew the motion. She said she is not aware of any new developments in the Clark County case. Marble did not immediately return messages left at her office. Superior Court No. 1 records show no trial date has been scheduled.

Marble requested an arrest warrant for Avila for not showing up to his rescheduled jury trial. He was in custody of immigration authorities at the time. If Avila is deported and returns to the country, then he could be immediately arrested.

For now, the alleged victim’s family is left waiting to hear whether there is a possibility Avila will be returned to Clark County to face trial or whether he will still be deported.

http://www.newsandtribune.com/clarkcoun ... ndarystory

I am beginning to wonder if deportation is the answer for these sickos as it is beginning to seem it is just as effective as throwing a ball against a wall: it keeps bouncing back. And even deportation of those with anchor babies who have not committed heinous crimes is proving to be about as effective. We taxpayers deport and they are back here in five minutes.

Avila’s ex-girlfriend and mother of the alleged victim said she was worried Avila would return to Indiana after being deported because he has family in the area. She said he returned after being deported once before. I agree, if they ONLY deport him, he'll be back.

Put him in prison, let the other inmates know what he's in for ( besides the re-entry) and let them deal out a little "prison" justice! Pedofiles aren't very well received by other inmates.

Originally Posted by vortex

I am beginning to wonder if deportation is the answer for these sickos as it is beginning to seem it is just as effective as throwing a ball against a wall: it keeps bouncing back. And even deportation of those with anchor babies who have not committed heinous crimes is proving to be about as effective. We taxpayers deport and they are back here in five minutes.

As we stand right now deportation is like bailing water out of a boat with a huge hole in it. Until we fix the holes in our border they will just keep on coming back.

To keep Americans safe these illegal criminals should be jailed for life. They have no respect for our laws. I have heard about it and seen history repeat itself with illegals who were criminals were deported and came back. There was a man who was deported in February and returned in April. He got into a fight and fatally stabbed one room mate and injued another. MS-13 gang members get deported on a regular basis and come back over and over again. The gang unit pick them up only to come across them again months later. This only shows you how unsecure our borders are.