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Prosecutors Balk In Case Of Illegal Alien Child Rapist
By Greg L | 2 December 2008 | Illegal Aliens, Crime, Prince William County | 31 Comments
This week a 32 year old illegal alien from El Salvador plead guilty to raping a ten year old girl on Alleghany Court last October. Jose Abel Zelaya-Ascencio broke into the victim’s home at 7:30 in the morning and raped this girl in her own bed. Despite the heinous nature of this crime, prosecutors are strangely reluctant to see this illegal alien child rapist held to account for his crimes. Should any one of us have destroyed the life of a child like this, we’d rightly never see the light of day. But for this illegal alien, half of his prison sentence is likely to be suspended.
Prosecutors are recommending that Zelaya-Ascencio be sentenced to 20 years in prison, with 10 years suspended, and 10 years of probation.
One has to wonder just how the courts will supervise the probation of an illegal alien for ten years after he is deported to El Salvador. One also has to wonder whether prosecutors routinely offer American citizens half off their recommended prison sentence when they have the DNA evidence and eyewitness testimony necessary to obtain a conviction and a maximum sentence. In this case, despite what seemed to be an ironclad case, prosecutors accepted a plea agreement.
No wonder folks like Jolman Antonio Garcia, a previously deported illegal alien from Honduras who had been convicted of attempted rape and was arrested in Alexandria this past week on two separate assault charges. That predator served only two years for that crime, returned to the U.S. shortly thereafter, was indicted (not arrested) on one assault charge, and only arrested after he committed a second assault. The pattern of leniency often afforded to criminal illegal aliens, a leniency neither you nor I would ever expect to receive, likely encourages further criminal activity that puts our citizens and legal residents at risk.
We may not be eager to shoulder the financial burdens of incarcerating illegal aliens, but unless we do we advertise to the wicked that our communities are a prime hunting ground for predators. It’s not time to set aside the Fourteenth Amendment and provide more lenient treatment to illegal aliens than American citizens can receive simply because we might not want to see mean-spirited to illegal aliens nor because we disdain the expense of incarcerating illegal aliens. They deserve to be held to account just as you or I would be, and then deported after they have been punished under the law. Yet too frequently, that is not happening.
How many of our children must we sacrifice to criminal illegal aliens before we as a society understand that they are not more equal than we are? An article in the Washington Post about three illegal alien day laborers who murdered their 83 year old employer in Montgomery County, MD provides yet another stark warning about the dangers imposed to the citizens because our government refuses to hold illegal aliens accountable to the law as they do American citizens.
According to charging documents, the scheme began Nov. 19, when Jose Alvarado received a $75 check for landscaping he had done at Meizell’s home, in the 10500 block of Inwood Avenue in Wheaton. Jose Alvarado, who periodically worked at the house, added two zeros to the check, the charging documents say, and deposited the check at Provident Bank. He withdrew $7,500 after the check cleared.
Sometime later, Jose Alvarado met with Rodas, his wife, and Ramon Alvarado, his cousin, to tell them what he had done.
At that meeting, prosecutors said, Ramon Alvarado offered to kill Meizell for $1,200, and Rodas suggested that they burn down her house to hide evidence.
On Nov. 26, the Alvarados drove a Dodge minivan to Wheaton, parking just down the street from Meizell’s home. Jose Alvarado approached the door, asking for $43 that Meizell owed him from another job. After she handed Jose Alvarado a check, Ramon Alvarado attacked her, grabbing her throat and choking her as he forced his way into her house, according to the court records.
“Ramon admitted that he repeatedly slammed Meizell’s head into various pieces of furniture around the living room until she was unconscious and, he believed, dead,” the court records say. Ramon Alvarado then lit Meizell’s body on fire with gasoline and a match, his own legs and arms catching on fire as he tried to leave.
The medical examiner ruled that Meizell died from burns, smoke inhalation and blunt-force trauma.
Sickening. If our government will not enforce the law and get and keep illegal aliens out of our country, why in the hell are we paying taxes to keep this government in operation?
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31 Comments
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I bet if the child belonged to one of these limp wristed libs, they would want a longer sentence. On second thought, maybe the people who support illegals should have to feel this pain up close before they start to engage what is left of their brains.
Strangely, I do not see any of the usual criminal supporters showing up. Hmmm I wonder why?
Do we have data that show illegal immigrants are routinely treated more leniently by prosecutors when convicted of violent crimes than are citizens? I really don’t know, but it would surprise me if that were the case. The first crime mentioned is indeed heinous. What kind of sentences are legal immigrants and natural-born citizens getting for sexual assaults of children? Jail forever doesn’t seem too harsh to me, but is the 20/10/10 sentence off the charts light compared to others in similar circumstances?
Your report of the second crime was unclear on the implicit point that undue leniency was dispensed. Although it sounds like it is in an early stage of the process, did something happen in this case that leads us to believe these perps will receive a lighter punishment than would a citizen perp?
Ridiculous! Is this Ebert’s office responsible? I’m sure Ham Sandwich could do better than this. Unbeleivable.
Hey, how about cutting our Salvadorean guests a little slack. All right? The Miami Herald says the folks back in Intipucá pueblo are really hurting now that our recession is raining on their gravy train. Remittances sent to Intipucá had been running at $2 million a month, but have now dropped off considerably from that level. And passing long sentences on convicted felons don’t help that situation. The next thing you know, unless things turn around quickly, Mayor Enrique Méndez will be forced to line up and demand a federal bailout.
http://www.miamiherald.com/news/americas/v-print/story/792870.html
From NoVa Scout:
“Your report of the second crime was unclear on the implicit point that undue leniency was dispensed.”
The fact that millions of illegal aliens are roaming inside and burrowing into our nation is proof that undue leniency has been and continues to be dispensed.
You’re right. Boy it makes me sick.
Time and again illegal aliens get special treatment because of the paradoxes in our legal system, the default assumption that we are dealing with citizens who speak English. Time and again our officials sweep problems under the rug.
But to give this guy reduced time after he rapes a child?
Send all of the information to Bill O’reiley (Fox News.)
Meanwhile, in Great Britain, a Conservative MP was arrested by anti-terrorism police for exposing the weaknesses of Labour’s immigration policies. See this article and its links:
http://pajamasmedia.com/rogerkimball/2008/12/02/how-democracies-perish-british-edition/
Personally I would have liked to see the rapist be sentenced to life in prison then become a cell mate to Bubba. But anyone familiar with the Justice system knows that a plea bargain was necessary to keep the child off the stand. Can you imagine this being your child and her having to get up in that chair and testify, for hours, on what happened to her. This alone can be very traumatic for kids. Keep in mind folks there are 2 sides to every story.
The 20/10/10 sentence is not out of line for a plea bargain in this type of case. The suspension actually is more insurance he’ll stay out of the U.S. after deportation, because re-entry would be another crime that would trigger lifting the suspension. I’m no fan of the Commonwealth attorney’s office, but this time I think justice was done.
Former Officer has a good point. As a former prosecutor I’ve had to depend upon child testimony in these types of cases. It’s not a win situation for anyone.
Slayings spur look at added powers
In the wake of public outcry over three recent homicides allegedly committed by illegal immigrants, Montgomery County State’s Attorney John J. McCarthy, the county police chief and other county leaders are looking closely at stricter guidelines for handling suspects of serious crimes who are in the country illegally.
In at least two cases, the suspects are illegal immigrants who had previously been released from custody for other crimes. The director of the county corrections department said that five of the 16 murder suspects currently in custody have federal immigration warrants against them.
At the center of the outcry are illegal immigrants Hector Mauricio Hernandez of Takoma Park and Gilmar Leonardo Romero of Silver Spring who were charged last month with murder in the shooting death of Tai Lam, 14, of Silver Spring on a Ride On bus. Hernandez, 20, was out on bond awaiting trial on an October weapons charge, according court records. Romero, 20, was arrested on June 24 for a concealed weapon; the charge was dropped and he was released on June 30.
In June, a popular waiter at the Red Robin restaurant at Lakeforest mall was stabbed to death by an 18-year-old Honduran six weeks after he was caught by police with marijuana at an elementary school. Manuel Antonio Barahona of Gaithersburg pleaded guilty to second-degree murder last month.
In August, a Silver Spring man died after allegedly being attacked with a metal bat by a roommate’s brother. Jose Zavala, 29, is in county custody for that death after being extradited from Texas in September.
And in October, Jose Garcia-Perlera, 33, of Hyattsville was charged in the September death of an elderly Bethesda woman. He was charged in 2000 for a series of burglaries in New York. He was released from police custody pending trial, but did not show up in court, according to police in New York.
Critics point to cases like these as evidence that the county needs to take a harder line on illegal immigrants.
Lam’s death was a “preventable tragedy,” said Susan Payne, an outspoken critic of the county’s stance on illegal immigration, at a public forum with the County Council two weeks ago in Gaithersburg.
“We are living in a county where a 14-year-old child is murdered on a Ride On bus by people who are in this country not only illegally but are criminals,” she said to a round of applause from the audience. “When are we going to start protecting the lives of citizens in this county and stop continuing these sanctuary city policies that are killing elderly people [in] home invasions and now 14-year-old children on Ride On buses?”
All of them ought to be shot for their crimes. Rape of women carried the death penalty up until 1964. The liberals ’supremies’ court struck the punishment down, as cruel and unjust. Four years later the incidence of rape in this country was up by 450%, according to the FBI crime stats. We need change, and it isn’t more lenient punishment.
We have been led down this path by individuals who have no business or purpose in the legal system. The legal system ought to be administered by serious, quiet and determined individuals bent on protecting society, from not only criminals, but the very ones that feel the criminals pain. I’ll feel their pain, where is the rope, the gun, the needle to stop this black hearted criminal from breathing.
Have you folks really read some of the convoluted replies. These are the people I’m talking about. These word smiths, ‘put the child on the stand,’ we don’t need to put the child on the stand when we have conclusive DNA proof. Put the DNA experts, his/her record and education and accomplisments on the stand. Then put the peers of these experts on the stand and let them testify re their good qualifications. Put the child’s advocate on the stand and let that person relate to the jury what the bastard did. Then, as a last resort, God forbid, put the police detictives on the stand to explain their detailed investigation. One nevers knows, the Coppers might well have the answer to convict.
My grandfather taught me a lesson. he said, ” when you leave this property and walk down the public roads, you are legally ok, if you leave public property, you are trespassing. You are in violation of the law. He also told me, when I go into a store, I am there on terms that require good behavior while on that mans property. If I resort to bad behavior, I am in violation of that contract, and I will be charged with criminal trespass, if I don’t remove myself on the order of the owner. I have always remembered that admonition, and it has kept me outa jail.
As in war, there are friendly fire casualties, it’s unaviodable. Not because we are not careful, but because in the heat of battle, decisions are made very quickly with less then accurate information. If the jury is 99% sure that the man charged with the crime is guilty, but there is that tiny possibility that something isn’t right, err on the side of caution and find for a lessor degree. This will keep him/her from swinging from the end of a rope.
But often we know that in instances where a man is on trial for a murder, rape, a crime against a child, robbery of the local ’stop and rob’ most times we are dealing with a career criminal and he should be put away on general principlies for the protection of society.
Our ability to prosecute criminals is on trial every day. Prosecutors are held to a very high standard, often to the detriment of society. The list, of criminals let off, and then went out and murdered, raped, robbed is so long that it would shock you. If all crimes happened to liberals for just a month, the justice system would be turned upside down, and the criminals would be cringing in their cells, listening for the foot fall of a tender hearted liberal dragging a rope.
W E Stewart
This guy is inhuman and should not be allowed to remain on this planet, period.
as above commentators have mentioned, although I would like to see this scum be executed it’s highly probable that sentence given was with the notion of keeping a young, already traumatized child off the stand.
makes me sick, seems as there is a rash of illegal immigrants causing crime, very heinous ones lately. Are they predisposed to them? I’m not positive but there are some definite loose screws out there that need to be jailed (or executed). But the bottom line is that if we had a sound immigration system that held people accountable and secure borders these situations would not have happened. I would argue that less of these incidents the better. Sure legal citizens commit crimes, but I would hope that anyone would agree that less is better in these circumstances. Anyone would argue otherwise just is not sane.
I think Mr. Duecaster summed up my thinking nicely. A rapist is the lowest form of human debris, whether an illegal alien or home-grown variety. That he was here illegally only makes the crime itself slightly worse. Note, the child identified him as someone who had previously rented a room from her parents. Where her parents running a boarding house for illegals? While I would like to believe that the parents would never intend to expose their child to danger, they did so, in this case. They opened their home to an illegal alien, for the sole purpose of economic gain, and in defiance of the law. Much the same can be said of those parents who expose their children to their own illegal activities. Drug dealers have children. Drug users have children. Many times these children become collateral damage in drug deals gone bad, or in worse cases, are offerred by drug addicted parents to perverts, just to get their next fix.
If the justice system worked perfectly, there wouldn’t be any crime. The fact is, illegal aliens committing crimes, while tragic, is just another sign of how sick humanity can be at times. I’ll pray for this little girl. I’ll also pray that her parents carry the guilt they earned for the rest of their lives as well. As for the scum who committed this crime…well, I’ll just pray that he gets the punishment he deserved, someday.
20/10 ain’t enough, be the rapist domestic or alien … here’s hoping for some “jailhouse justice”. Do the Latin gangs protect pedophiles behind bars?
flavius,
lawlessness frequently places children in environments where something bad may happen to them. Illegal aliens living in boarding houses are an example. It’s bad parenting coupled with criminal activity which places these children in harms way. It really burns me up when I hear stories like this, they should not only lock up the perp but also the parents for placing their child in the way of this animal.
A neighbor of the victim told me the parents were illegal aliens and the house was a boarding house. The family moved right after the attack on the young girl.
On second thought, a better sentence would have been to force timmy to live with this guy. Since timmy has such a soft spot for illegals I think he would accept him with open arms.
“A neighbor of the victim told me the parents were illegal aliens and the house was a boarding house. The family moved right after the attack on the young girl.”
One has to wonder how many rapes and molestations go unreported in these boarding houses, especially when the people running them are illegal themselves.
WE can only hope the next rape or murder case involves some member of the county attorney’s office. Maybe then they will understand the severity of the problem. Possibly the next judge that releases some cretin, he/she will experience a similar family tradegy by the same bastard.
They say “JUSTICE IS BLIND.” So are the proscuters and judges in this country. As the New Hampshire judge said in sentencing a pedophile to 60 days for a rape of a child last year, “he (the perp) couldn’t get the rehilibatation he needs in jail.”
what’s amazing is that threads such as this dont show up on the other blog. Guess they put the blinders on, their poor little illegal immigrants just cannot rape and murder people! I bet they would change their tune however the child was a relative of theirs. Utter hippocracy on that website, it boggles the mind really.
Chicko -
They’ve spent their day on anti DEFENDING people like this, because, even though the victim in MoCo was Jewish, it wasn’t technically a “hate crime” in their eyes. And remember - they don’t write about crimes on their blogs, unless the “victims” are illegal. Remember a few weeks ago when some bored teens in Manassas spray painted buildings and cars? The anti girls believed that was a “hate crime” driven by the Resolution.
But 3 illegals bash in an elderly woman’s head and burn her, it’s okay. This comment says it all:
“Elena, 3. December 2008, 13:22
Elitistliberals,
As sad as the story is regarding Ms. Mizell, she was attacked because she was probably trusting and kind, not because she was Jewish. Are you doubting the credibility of the Anti Defamation League or their long history of fighting anti semitism and other groups targeted throughout history?”
Funny - she’s defending the ADL for fighting for illegals, but yet a JEWISH WOMAN was murdered and she doesn’t defend that?? These women really don’t get it at all.
It’s really sad that the sane voice of reason on that side is becoming Moonhowler.
“The girl, who was home alone with her 7-year-old brother, said she tried to get away, but Zelaya-Ascencio overpowered her and raped her, police said.”
Why are two kids, 10 and 7, home alone at 5:30 in the morning? Where were the parents?
The report said he had rented a room … the family knew him - maybe even related.
Even in El Salvador, girls are not considered “legally ripe for the picking” until they are 12.
My blood runs cold when I hear about things like this. Parents are suppose to PROTECT their children, not set them up for physical and sexual abuse. The parents should be held accountable too.
Elena only comments when it furthers her own social agenda, if someone or something doesnt measure up she either bashes it or disregards it altogether. I would agree, moon-howler seems to have taken a more moderate tack lately, I wonder if someone upped her meds or something.
and…I would seriously doubt the credibility of the ADL. over the years it’s credibility has waned even in the eyes of many influential people in the jewish community. Essentially anything that they dont agree with they declare racist and/or extremist. The ADL in the early years was most certainly a very prominent and respectable organization in my eyes not it is not so.
These days it’s just so easy for some folks to declare things “racist” or “extremist” when they dont agree with a particular view and they have their own social agenda’s to further. Unfortunately most people these days can see through that crap and make a reasonable decision.
Just because the guy was an illegal was not the reason he got off easy. It is a product of the cjs. I can bet you that when he goes down state there will be a guard who doesnt understand spanish for the word help as they poke his cherry to his throat. Justice served.
Former Officer??? Former Prosecutor??? There goes the neighborhood.
In crimes like this the parents of the victim should have a few minutes alone with this guy.
You want someone who’ll be aggressive on the State level on the illegal immigration issue, here’s your guy:
http://www.johnbrownlee2009.com/issues-immigration.htm
As much as I like Brownlee, he opposes localities signing up for the Section 287(g) Program. That’s hardly what I would consider an aggressive stance on this issue.
The fact is, Greg, if the State took an AGGRESSIVE stance on illegal immigration, it would not be necessary for the localities (which can ill afford it) to take it on. That’s really the way it should be. A coordinated, and uniform, State-wide effort to combat illegal immigration would be far more efficient, and more likely to get the proper cooperation from the Federal government…and one locality would not simply be passing on the problem to its neighbor. They would also be able to address [reform] issues which our local officials have difficulty addressing such as voter fraud, welfare/entitlement abuse, health care issues (Federal law only demands they receive emergency care), and higher education (to which nobody is inherently entitled by their mere presence). I’d be interested in hearing his perspective, in its entirety, on the 287(g) program…not just that he opposes it for localities. There could actually be some logic to that, under the right circumstances.