The illegal immigrant accused of molesting a 7-year-old girl in Clark County has still not been deported as the case hangs in legal limbo.
Jorge Avila, 21, of La Grange, Ky., was released from the Michael L. Becher Adult Corrections Facility last month because he had been held too long without going to trial. Because he is an illegal immigrant, Avila was turned over to Immigration and Customs Enforcement (ICE) in Illinois.
Avila had been scheduled for deportation until the U.S. Marshals picked him up last week on federal charges of re-entering the country after deportation, according to ICE Public Affairs Officer Gail Montenegro.
U.S. Marshals confirmed Avila is still in its custody in Indianapolis. But now, the U.S. Attorney’s Office for the Southern District of Indiana said it plans to dismiss the federal charge against Avila because he can only be charged with re-entry in the state where he originally entered the country illegally. Unless a court order is issued demanding Avila’s return to Clark County, he still remains set for deportation.
The U.S. District Court Clerk’s office said no further hearing dates have been set for Avila.
Avila had been scheduled for trial Oct. 14 in Clark County Superior Court No. 1 on two class A felony counts of child molesting and one count of class C felony child molesting.
Avila allegedly also gave the victim and her mother a sexually transmitted disease.
He was released because of a rule stating that a defendant cannot be held in jail more than six months without going to trial. Deputy Prosecutor Shelley Marble disagreed with the decision, arguing that Avila’s original trial had been postponed due to court congestion.
Avila’s ex-girlfriend and mother of the alleged victim said she was worried Avila would return to Indiana after being deported because he has family in the area. She said he returned after being deported once before.
Avila allegedly molested a 7-year-old girl from June 2004 until August 2005 in Jeffersonville and gave her and her mother the sexually-transmitted disease, trichomonas.
The mother said she was told by immigration authorities that Avila would be deported to Mexico the next day. But last Monday, an official with U.S. Immigration and Customs Enforcement contacted The Evening News and The Tribune to request copies of previous articles written about Avila. That week, he was turned over to U.S. Marshals.
Amber Shaw, who was appointed to represent Avila, said the state recently filed a motion to amend charges but then withdrew the motion. She said she is not aware of any new developments in the Clark County case. Marble did not immediately return messages left at her office. Superior Court No. 1 records show no trial date has been scheduled.
Marble requested an arrest warrant for Avila for not showing up to his rescheduled jury trial. He was in custody of immigration authorities at the time. If Avila is deported and returns to the country, then he could be immediately arrested.
For now, the alleged victim’s family is left waiting to hear whether there is a possibility Avila will be returned to Clark County to face trial or whether he will still be deported.
Clark County
Related Photos
-
Jorge Avila
Discussion
Alleged molestor still in country
-
-
Appeals court hears Covered Bridge case
The Indiana Court of Appeals heard the respective oral arguments on the town of Sellersburg’s effort to annex the Covered Bridge Subdivision and the Willows on Wednesday. Covered Bridge appealed the trial court’s ruling that the town’s annexation preceded the subdivision’s effort to incorporate into an independent town and that, in exchange for sewer service, the residents would agree to not remonstrate against the annexation attempt.
Continued ... -
Redistricting on tap again for Jeffersonville
Though they just did so last year, it’s already time for the Jeffersonville City Council to start thinking about redistricting again.
Continued ... -
JEFF Fest set for June 9
The Jeffersonville Entire Family Fun Festival, better known as JEFF Fest, will
Continued ...
be held from 11 a.m.. to 4 p.m. June 9 in Jeffersonville’s Preservation Park, 150 W. Market St. -
Charlestown encourages Realtors and developers to help it grow
he city hosted a showcase for about 200 developers and Realtors at Charlestown High School on Tuesday. The purpose of the showcase was to pitch the city as a place that is expected to prosper, especially in light of the continued development at River Ridge Commerce Center.
Continued ... -
Jeffersonville mayor vetoes two council acts
“It’s a meaningless resolution. It carries no weight. I think it’s political posturing and I’d as soon not be a part of it,” Moore said. “I will not be brought into a political discussion that’s already been decided.”
Continued ... -
Bridges project specifics emerging
Valentine outlined that incentives will be part of Kentucky’s contract with the winning bidder.
Continued ...
He explained that once construction begins, the expected cost of construction per day will total about $80,000 and the contractor can earn incentives for finishing early and penalties for finishing late. A completion date is set for June 30, 2018. - News and Tribune briefs for May 23, 2012
- May 22, 2012
-
Gregg picks Simpson for Dems ticket
Gregg got his biggest applause from the crowd Tuesday when he played up their joint support for women’s access to health care, which has become a national talking point for Democrats.
Continued ... -
TARC OKs rate increases
Contrary to its monetary situation, the amount of people riding the public transit system has increased about 10 percent, Barker said.
Continued ...
But the transportation service had not raised its fares, aside from express routes, in four years. -
Miss Clark County 2012 entrants sought
The contest is based on interview, evening gown and professional wear competition. Any Clark County young woman between the ages of 16 to 21 is eligible to participate.
Continued ...
-
Appeals court hears Covered Bridge case
