Allentown illegal immigrant to be deported for allegedly stabbing cousin in buttocks

By Colin McEvoy | The Express-Times
on February 13, 2013 at 4:13 PM, updated February 13, 2013

An Allentown man who allegedly stabbed his cousin in the buttocks will face no further prison time, but is expected to be deported. Modesto "Junior" Escobar-Garcia, 31, an illegal immigrant, pleaded no contest Tuesday to simple assault for stabbing Bayron Ortiz on Oct. 13 in the city.

By pleading no contest, Escobar-Garcia did not admit he committed the crime, but admitted there is enough evidence to convict him.

He still maintains his innocence and claims Ortiz was stabbed by a third, unidentified person, according to his public defender, Kathryn Roberts.

Ortiz says the stabber was intoxicated and that he was sober. He claims he tried to hold the unidentified attacker back during the stabbing, and that he ran off afterward, Roberts said.

"But the police aren't going to go chase a ghost when they have someone with a bloody knife in their hand," Roberts said.

Escobar-Garcia, who had already spent four months in prison, was given a time served sentenced by Lehigh County Judge James Anthony, meaning he would go free immediately.

But Deputy District Attorney Anna-Kristie Marks said Escobar-Garcia is expected to be deported to his home country of Honduras by the U.S. Immigration and Customs Enforcement.

Police were called to the scene of the shooting about 2:45 a.m. in the 600 block of North Ninth Street, where they found Ortiz laying on the floor with non-life threatening stab wounds to his buttocks and left arm, according to court records.

Witnesses said Escobar-Garcia stabbed him in the rear yard of the house, according to court documents. A motive for the stabbing was not specified.

In exchange for the plea, a more serious felony charge of aggravated assault was withdrawn, as well as misdemeanors for simple assault, reckless endangerment and harassment, according to records.

Contact Allentown reporter Colin McEvoy at 484-894-2549 or cmcevoy@express-times.com.

http://www.lehighvalleylive.com/allentown/index.ssf/2013/02/allentown_illegal_immigrant_to.html