useapen
2024-08-27 07:52:24 UTC
Daniel Davon-Bonilla is a Nicaraguan migrant who has been in the country
since December 2022. He made his way to New York City where in a matter of
months he was accused of raping a trans woman at a migrant shelter.
That really should have been the end of it for Davon-Bonilla. He should
have gone to prison for a long time and then been deported. Instead, the
victim refused to testify and Davon-Bonilla wound up being released as
part of a plea deal for a lesser charge. A couple days after not showing
up for his sentencing he (allegedly) raped another woman in Coney Island.
When I wrote about this case a couple weeks ago it wasn't entirely clear
how all this had happened but I had a guess:
Once he agreed to a plea deal, he should have been on a plane or bus back
to Nicaragua. Why didn't that happen? Probably because New York City
refused to cooperate with ICE and ensured this guy would remain on the
street to commit another attack. I don't know that for certain but it has
definitely happened before.
Today the NY Times has a story about the case and it seems to confirm my
hunch. No one notified ICE even though, legally, they were allowed to do
so because of the seriousness of the crime involved.
The federal Immigration and Customs Enforcement agency, known as ICE, had
informed the city that it intended to deport Mr. Davon-Bonilla when he was
first charged with rape, the agency said. But neither the city nor the
Brooklyn district attorney notified federal officials when he was released
that day in June.
Mr. Davon-Bonilla did not show up for his sentencing on Aug. 9. Two days
later, the police say, he raped a homeless woman under the Coney Island
boardwalk.
New York is a so-called sanctuary city, one of several across the United
States that try to minimize the deportation of migrants. In practice, this
means that local law enforcement officials limit their coordination with
federal immigration authorities.
There are some wrinkles in this story. First, ICE claims it sent a
detainer request to the Corrections Department when Davon-Bonilla was
first charged with rape but the Corrections Department claims it doesn't
have one regarding this case.
The other issue here is that because the victim in the first case wouldn't
testify, the charges were dropped from rape down to second-degree assault.
In June of this year Davon-Bonilla pleaded guilty and was released prior
to his sentencing in August. He was probably going to get time served
because he'd already been at Rikers for about 15 months. But as mentioned,
he didn't show up for his sentencing and two days later he was arrested
for another rape, this time of a homeless woman in Coney Island.
John Chell, the Police Departments chief of patrol, said this about the
case: "Failing to act enables individuals like Daniel Davon-Bonilla to
continue victimizing women in our city." That seems to be what happened
here. John Sandweg, a former acting director of ICE told the NY Times, "If
someone is charged with rape, youre jeopardizing public safety."
What should have happened here is that when Davon-Bonilla pleaded guilty,
ICE should have been notified he was going to be released. There are 177
serious crimes which, even in NYC, stand above the sanctuary law. The
second-degree felony assault Davon-Bonilla pleaded guilty to is one of
those. So why didn't someone notify ICE? That's still a mystery, but the
Brooklyn DA's office said it wasn't their job.
Prosecutors did not tell ICE about Mr. Davon-Bonillas plea deal or his
release. The Brooklyn district attorneys office, which in 2017 said it
would change its practices to protect immigrants, does not generally
divulge such information to federal officials, Mr. Yaniv said...
Mr. Yaniv said prosecutors had not known that the defendant was subject to
deportation, but that immigration was not the district attorneys
responsibility. Even if we had 20/20 vision, it wouldnt have changed
anything, he said.
In other words, even knowing Davon-Bonilla went on to rape again, they
have no regrets. Their view is that the processing of cases is public and
if ICE wanted Davon-Bonilla it should have paid closer attention to his
case. ICE points out it has thousands of cases across the country at any
given time and can't keep up with new developments in all of them.
A courtesy call from the DA's office would likely have prevented another
serious crime. You have to believe that if it weren't for the general
anti-ICE views of the DA and Democrats in New York, that call would have
been made.
https://hotair.com/john-s-2/2024/08/26/nycs-sanctuary-city-policies-
probably-prevented-ice-from-picking-up-accused-rapist-n3793681
since December 2022. He made his way to New York City where in a matter of
months he was accused of raping a trans woman at a migrant shelter.
That really should have been the end of it for Davon-Bonilla. He should
have gone to prison for a long time and then been deported. Instead, the
victim refused to testify and Davon-Bonilla wound up being released as
part of a plea deal for a lesser charge. A couple days after not showing
up for his sentencing he (allegedly) raped another woman in Coney Island.
When I wrote about this case a couple weeks ago it wasn't entirely clear
how all this had happened but I had a guess:
Once he agreed to a plea deal, he should have been on a plane or bus back
to Nicaragua. Why didn't that happen? Probably because New York City
refused to cooperate with ICE and ensured this guy would remain on the
street to commit another attack. I don't know that for certain but it has
definitely happened before.
Today the NY Times has a story about the case and it seems to confirm my
hunch. No one notified ICE even though, legally, they were allowed to do
so because of the seriousness of the crime involved.
The federal Immigration and Customs Enforcement agency, known as ICE, had
informed the city that it intended to deport Mr. Davon-Bonilla when he was
first charged with rape, the agency said. But neither the city nor the
Brooklyn district attorney notified federal officials when he was released
that day in June.
Mr. Davon-Bonilla did not show up for his sentencing on Aug. 9. Two days
later, the police say, he raped a homeless woman under the Coney Island
boardwalk.
New York is a so-called sanctuary city, one of several across the United
States that try to minimize the deportation of migrants. In practice, this
means that local law enforcement officials limit their coordination with
federal immigration authorities.
There are some wrinkles in this story. First, ICE claims it sent a
detainer request to the Corrections Department when Davon-Bonilla was
first charged with rape but the Corrections Department claims it doesn't
have one regarding this case.
The other issue here is that because the victim in the first case wouldn't
testify, the charges were dropped from rape down to second-degree assault.
In June of this year Davon-Bonilla pleaded guilty and was released prior
to his sentencing in August. He was probably going to get time served
because he'd already been at Rikers for about 15 months. But as mentioned,
he didn't show up for his sentencing and two days later he was arrested
for another rape, this time of a homeless woman in Coney Island.
John Chell, the Police Departments chief of patrol, said this about the
case: "Failing to act enables individuals like Daniel Davon-Bonilla to
continue victimizing women in our city." That seems to be what happened
here. John Sandweg, a former acting director of ICE told the NY Times, "If
someone is charged with rape, youre jeopardizing public safety."
What should have happened here is that when Davon-Bonilla pleaded guilty,
ICE should have been notified he was going to be released. There are 177
serious crimes which, even in NYC, stand above the sanctuary law. The
second-degree felony assault Davon-Bonilla pleaded guilty to is one of
those. So why didn't someone notify ICE? That's still a mystery, but the
Brooklyn DA's office said it wasn't their job.
Prosecutors did not tell ICE about Mr. Davon-Bonillas plea deal or his
release. The Brooklyn district attorneys office, which in 2017 said it
would change its practices to protect immigrants, does not generally
divulge such information to federal officials, Mr. Yaniv said...
Mr. Yaniv said prosecutors had not known that the defendant was subject to
deportation, but that immigration was not the district attorneys
responsibility. Even if we had 20/20 vision, it wouldnt have changed
anything, he said.
In other words, even knowing Davon-Bonilla went on to rape again, they
have no regrets. Their view is that the processing of cases is public and
if ICE wanted Davon-Bonilla it should have paid closer attention to his
case. ICE points out it has thousands of cases across the country at any
given time and can't keep up with new developments in all of them.
A courtesy call from the DA's office would likely have prevented another
serious crime. You have to believe that if it weren't for the general
anti-ICE views of the DA and Democrats in New York, that call would have
been made.
https://hotair.com/john-s-2/2024/08/26/nycs-sanctuary-city-policies-
probably-prevented-ice-from-picking-up-accused-rapist-n3793681