ICE: Montgomery Co. violates own policy, releases undocumented immigrant accused of rape

ROCKVILLE, Md. (ABC7) - U.S. Immigration and Customs Enforcement says Montgomery County violated its own jail policy last week when it released an undocumented immigrant accused of rape despite an immigration detainer on file.

The allegations mark the latest public spat between the federal law enforcement agency and the progressive, left-leaning county. Although relations have been strained for years, they have hit a fever pitch under the leadership of Montgomery County Executive Marc Elrich (D) who was sworn into office in December.

Last month, Elrich signed an executive order into law, banning Montgomery County employees from asking residents about their immigration status. The legislation also barred ICE agents from entering any secure portions of county jails, a sudden divorce from the standard operating procedure used by the Ike Leggett and Doug Duncan administrations.

ICE agents are now forced to take custody of undocumented immigrants in unsecure public areas like the jail parking lot. ICE is, however, still filing immigration detainers in Montgomery County.

According to a Montgomery County spokesman, Elrich's new immigration playbook allows jailer to contact ICE should an undocumented immigrant post bond, but two conditions must be met:

• The defendant must be charged with or convicted of at least one "serious crime," which Montgomery County defines as any felony under Maryland's criminal statute: murder, rape, armed robbery, kidnapping etc...
• ICE must have previously filed an immigration detainer against the defendant in question.

Yet, Montgomery County has made clear it will not hold undocumented immigrants beyond the normal time it takes jailers to process their release. Depending on factors like corrections staffing, inmate population and address verifications, the release process can take one hour or an entire day. And so, it has become a race against the clock for ICE agents and defendants alike.

With this newfound, controversial political game at play, Montgomery County Police arrested Rodrigo A. Castro-Montejo, 25, of Orlando, on Saturday, August 10. They charged him with second-degree rape and second-degree assault.

According to ICE, it lodged an immigration detainer against Castro-Montejo two days later, on Monday, August 12. However, ICE claims Montgomery County released the Salvadoran national from jail on August 13, and in doing so, violated its own municipal policy.

ABC7 contacted Montgomery County Sunday evening seeking comment, but had not received a formal reply as of this story's publication midday Monday.

The criminal investigation into Castro-Montejo began on August 10. That's when Montgomery County officers were dispatched to Adventist HealthCare Shady Grove Medical Center in Rockville for a female patient reporting to have been raped by a male friend.

According to that woman, Castro-Montejo traveled from Florida to Montgomery County to attend a weekend wedding. Days before making the trip, Castro-Montejo messaged the victim via Snapchat and suggested they catch up while he was in town. She agreed it was a good idea.

Around 11 p.m. on Friday, August 9, the victim picked Castro-Montejo up from the EVEN Hotel along Rockville Pike, where he was staying. The two stopped at a liquor store and purchased two Lime-A-Ritas. They then drove to a parking garage at Rockville Town Square and consumed the margarita-style drinks.

Castro-Montejo suggested they swing into Buffalo Wild Wings across the street where he had previously worked. According to the victim, she drank one shot of Barcardi rum, one shot of vodka and a Corona Refresca.

"After consuming these beverages, Victim A felt impaired and told Castro-Montejo she was drunk," detectives would later write in court documents.

After leaving Buffalo Wild Wings, Castro-Montejo and the victim walked across the faux-grass plaza to La Tasca, a Spanish, tapas-style restaurant. The victim recalled dancing for a short period of time, but then blacked out. The victim told police her next memories involved vomiting near a hotel elevator, and later, awakening to Castro-Montejo raping her.

"Victim A noticed she was naked from the waist down and immediately jumped off the bed and took a shower in the bathroom," detectives further noted in court documents. "Victim A gathered her clothing quickly and exited the hotel in search of her vehicle."

The victim hastily entered her car, locked the doors and drove straight to Shady Grove Medical Center where medical staff performed a sexual assault forensic exam. A detective with the Special Victims Investigations Division met with the woman and watched as she texted Castro-Montejo about the troubling circumstances of the night before.

"I'm sorry too for what happen," Castro-Montejo reportedly told the victim via text.

That prompted the victim to ask how they got from the restaurant to the hotel.

"I drove your car," Castro-Montejo wrote. "Like at 2 I obviously wasn't going to let you drive home so I thought it would be better if you slept it off or something."

The victim proceeded to inquire if Castro-Montejo had sexual intercourse with her or if he had stopped after touching her genitals.

"Oo a little bit of both to be honest," Castro-Montejo allegedly replied. "I'm sorry... I hope this doesn't ruin our friendships."

Hours later, authorities filed formal charges of second-degree rape and second-degree assault against Castro-Montejo.

Despite the severity of the allegations in the case, Montgomery County District Court Judge Rand Gelber granted the undocumented immigrant a $10,000 (post 10 percent) bond. Court records show he walked out of jail the following day after a Silver Spring woman paid $1,000 surety on his behalf.

According to court records, Castro-Montejo works as a bartender at a Buffalo Wild Wings in Orlando. He has reportedly been with the national food chain for three years. Buffalo Wild Wings did not respond to email seeking comment.

Speaking with ABC7 by telephone, Castro-Montejo explained that he wanted to meet in person to "clear his name" prior to the publication of any news story. He later rescinded that offer on advisement of his defense attorney, Barry Helfand.

Castro-Montejo faces up to 30 years in prison. He is scheduled to re-appear in Montgomery County District Court on September 6, for a preliminary hearing.

This is not the first time ICE has accused Montgomery County of ignoring an immigration detainer in a felony case. In May 2017, ICE lambasted county elected leaders after the jail released an undocumented immigrant who brought an AR-15 assault-style rifle to Albert Einstein High School in Kensington. Montgomery County later blamed the incident on a clerical error.

UPDATE: Montgomery County says it called ICE around 12 p.m. on August 13, using a phone number it had on file for a local ICE supervisor. That call — meant to alert ICE about Castro-Montejo's pending release — reportedly went unanswered. At 6 p.m. that same day, Castro-Montejo bonded out of jail. Montgomery County noted that it never received a return call from ICE regarding the status of the 25-year-old accused rapist.

Upon further review of its records, ICE verified that Montgomery County did indeed call one employee, an "off-duty officer" who was on "travel status" and "outside of the area" on the day of the incident. ICE contended that for Montgomery County to have acted in "good faith," jailers should have contacted multiple officers or followed the instructions listed on the immigration detainer form, which states in part:

"Notify DHS as early as practicable (at least 48 hours, if possible) before the alien is released from your custody. Please notify DHS by calling U.S. Immigration and Customs Enforcement (ICE) at 410-637-4000. If you cannot reach an official at the number(s) provided, please contact the Law Enforcement Support Center at: (802) 872-6020."

The Law Enforcement Support Center (LESC) operates 24 hours a day, seven days a week — and according to ICE — helps ensure there are no breakdowns in "good-faith communication efforts."