Federal government drops charges for Guatemalan man detained by ICE in Linda Vista
Attorneys representing Denis Anderson Chicoj-Yacon had previously criticized the lack of evidence submitted by the U.S. Department of Justice in court.
Written by Kate Morrissey, Edited by Lauren J. Mapp
The federal government has dismissed the case against a man from Guatemala who was previously charged with assaulting federal agents in Linda Vista.
Immigration officials had arrested the man, Denis Anderson Chicoj-Yacon, in Linda Vista in early July during an operation that also led to the detention of three U.S. citizens charged with the same crime.
“The United States has determined it cannot prosecute this case consistent with its legal obligations,” U.S. Attorney Adam Gordon wrote in a court filing requesting to dismiss the case. “This motion is made in the interests of justice.”
In court records, the government had initially claimed that Chicoj-Yacon used a car to assault four officials: Immigration and Customs Enforcement Homeland Security Investigations agents B. Del Villar, M. Cahill and J. Odum, and Customs and Border Protection Officer R. Fuchs.
Attorneys with the Federal Defenders of San Diego had previously raised concerns in hearings for Chicoj-Yacon's case about the lack of evidence that the government had presented to the defense.
A video reviewed by Daylight San Diego taken during Chicoj-Yacon's arrest shows him in handcuffs and cooperating with the officials.
At the hearing on Monday, the judge dismissed the case and asked Chicoj-Yacon if he understood what had happened.
“No,” he said.
“It means you will move on to what awaits you next,” Federal Judge Anthony J. Battaglia said.
The judge explained that Chicoj-Yacon was free from federal criminal custody, where he has been held for more than two months, but that he would likely be handed over to ICE custody for immigration proceedings.
The attorney representing the government confirmed that he would be transferred rather than being able to return home.
That means he will remain in Otay Mesa Detention Center, a private facility that holds people in the custody of both ICE and the U.S. Marshals Service.
The three U.S. citizens who were held at the port of entry overnight following their arrests will appear again in court later this week.
