A 27-year-old Guatemalan national is being held without bail after initially being released following an arrest in connection with endangering the welfare of a child, according to Suffolk County District Attorney Ray Tierney.
Carlos Aguilar Reynoso, was indicted Monday on charges that included the alleged rape of a 5-year-old child.
At Tierney's direction, Aguilar Reynoso was issued a desk appearance ticket instead of being arraigned and released from the courthouse on a lower charge during the investigation.
That decision allowed federal immigration authorities to take Aguilar Reynoso into custody the moment he walked out of the police precinct, which they did on Feb. 2 for illegally entering the United States.
Tierney criticized bail reform and the Protect Our Courts Act that had to be navigated so Aguilar Reynoso could be held accountable.
“Incredibly, up in Albany right now there are new Sanctuary laws currently under consideration that would have prevented us from even talking to federal immigration authorities," he said in a statement. "My message to our state legislators and Governor is simple – Stop protecting the rights of alleged child rapists at the expense of child victims."
Investigators say the alleged abuse occurred on Feb. 1, after the child’s mother left her daughter at home with Aguilar Reynoso while he babysat. When the mother returned, she noticed her daughter was shyer than usual and appeared to have soiled herself, which turned out to be blood.
The child was taken to the hospital and later transferred to a specialized hospital, where she underwent emergency surgery to treat internal injuries, Tierney said.
A sexual assault forensic examination was conducted, and Aguilar Reynoso was arrested the following day and held in ICE custody.
Investigators tested his DNA and he was later arraigned on multiple felony charges, including rape and predatory sexual assault against a child.
A judge ordered Aguilar Reynoso held without bail.
He is due back in court on April 27.
He faces a potential sentence of 25 years to life in prison if convicted of the top charge.
News 12 reached out to Gov. Kathy Hochul's office for a comment as is waiting to hear back.