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Proof of age leads to dropped charges
Two men accused of endangerment are cleared as 'girl' is shown to be 18
By CHIP GUY / The News Journal

06/24/2005State prosecutors have dropped charges against two men accused in April of endangering the welfare of a 14-year-old girl living with one of the men in a tin shed behind a Georgetown house.

Officials said the supposed victim turned out to be an adult -- and the wife of one of the men.

All charges against Carlos Ortiz-Morales, 25, and Aniceto P. Ortiz, 33, were dropped May 31 after the Division of Family Services obtained a birth certificate from the Guatemalan Embassy that showed that Elvia Estela Morales-Perez, was actually 18.

Georgetown police arrested Ortiz-Morales and Ortiz on April 21 after an officer investigating an unrelated missing person case searched a home in the 200 block of Pine St. He found the girl living in a shed at the back of the property, which is owned by Aniceto Ortiz.

Police said she told them that she was 14 and was living in the shed with a 25-year-old man with whom she was having a sexual relationship.

Ortiz-Morales was charged with first-degree rape and endangering the welfare of a child. Ortiz was charged with endangering the welfare of a child.

Ortiz-Morales told police that he and the woman had been dating for a year, and he was not sure of her age, though he thought she was in her 20s, according to court documents.

He told his lawyers that the woman was his wife and promised to have legal documentation sent from Guatemala, said James Nutter, Ortiz-Morales' public defender. "Obviously, we needed to be able to run down what he said," Nutter said.

It turned out that wasn't necessary.

Family Services investigators had become suspicious of the girl's age and contacted the Guatemalan Embassy to try to settle the issue. When the copy of the birth certificate came in, the case unraveled, said Joe Smack, a spokesman for the division, which had the woman in custody.

"That was it," said Sgt. Lawrence Grose, the lead investigator in the case for Georgetown police. "Once we knew that ... the charges were dismissed."

Police said the woman appears much younger than she is and had no identification to support her age claim. A doctor who examined her told police he thought she was 15 or 16.

"We had nothing else to go on," Grose said.

Aniceto Ortiz, who is back at home, said he thinks the woman lied about her age because "she was scared. She's probably illegal. But I don't know."

Officials said the case highlights what has long been a problem for police.

"We get false names, false birth dates and false Social Security numbers all the time," Grose said. "It's hard for us to actually figure out who we have in custody."

Fernando N. Guajardo, president of Hispanos Unidos de Delaware, an advocacy group, said he understands the dilemma police face.

"They did their job," he said. But Guajardo said he faults the inability of immigrants to get driver's licenses or identification cards.

In Delaware, people can't get a license or identification card without proof of residency, a Social Security card and documentation showing legal status, said Michael Shahan, director of the Division of Motor Vehicles.

"Situations like these are going to keep on happening," Guajardo said, "as long as you're scaring people from going to the DMV."

While Ortiz is home, Ortiz-Morales is being deported. The federal Immigration and Customs Enforcement agency took him into custody from state prison officials on June 2, said Beth Welch, a Department of Correction spokeswoman.

Mark Thorn, a spokesman for ICE, said Ortiz-Morales was wanted on an immigration status violation warrant issued in 2000. Officials said they don't know where Morales-Perez is now. Ortiz said he thinks she is with a relative in Virginia.

Contact Chip Guy at 856-7373 or cguy@delawareonline.com


They did their job," he said. But Guajardo said he faults the inability of immigrants to get driver's licenses or identification cards.
I disagree. Morales-Perez was somehow able to escape justice which makes it obvious that someone clearly dropped the ball here. As far as the inability of ILLEGAL aliens to get driver's licenses....boo freaking hoo.