High Bail After Third Arrest

    A Montauk man, Orlando Roberts, 31, was arrested last Friday afternoon for the third time since September, this time after allegedly violating an order of protection.
    Despite having been ordered by East Hampton Town Justice Catherine Cahill to stay away for a year from a former girlfriend’s Montauk residence, police said Mr. Roberts had showered there and then made himself at home in the living room. When the woman, Lisayda Machuca, confronted him the encounter became physical, according to the report, which states that she said “she screamed and hit Roberts to get him off of her.”
    A third party entered and defused the situation, the report says.
    Police arrested Mr. Roberts three hours later. Because he was accused of violating a court order of protection, he was charged with first-degree criminal contempt, a felony, as well as second-degree harassment, a violation.
    Mr. Roberts was first arrested on Sept. 5, accused of choking Ms. Machuca until she passed out. Police reported that she had bruises around her neck.
    Bail was set then at $300, which was paid. Six days later Mr. Roberts was again arrested, this time after a physical confrontation with two police officers over his allegedly driving an uninsured vehicle. Police said at the time that the man had to be subdued after kicking the window out of the back of a patrol car, among other things. Mr. Roberts called The Star at the time, disputing the published police account of events during the altercation.
    He faced multiple charges following that incident, including criminal mischief in the third degree, a felony, and resisting arrest, a misdemeanor. Bail was set at $15,000 and he was remanded to the county jail in Riverhead, but because the Suffolk County District Attorney’s office did not get a grand jury indictment on the felony count within five days, as required by law, he was released, with the charges still pending.
    Bail was set on Saturday morning after the latest arrest at $7,500 and Mr. Roberts was taken to jail once again. He will be released without bail tomorrow if the D.A.’s office again fails to indict him.
    In other East Hampton Town police news, Marvin U. Araniva Ortiz, who gave a Springs address as his residence during his arraignment last Thursday, was charged on the evening of Jan. 2 with fourth-degree grand larceny, a felony. Justice Lisa Rana issued an order of protection for his alleged victim, a Springs woman. Police had not released details of the charge as of Monday.
    Mr. Araniva Ortiz told the court he was a native of El Salvador, that it was the second time he’d come to the United States to find work, and that he had been living in East Hampton for five months. When Justice Rana was considering the amount of bail, Dan Cronin, an assistant county D.A., told her he had run the defendant’s name through the system and that it appeared he’d been convicted of a crime in Charlotte, N.C., during his previous stay in this country. The court then set bail at $7,500.
    Speaking through a translator, Marcela Lukie, Mr. Araniva Ortiz asked what would happen to him if he could not make bail.
    “He is going to stay in custody,” Justice Rana answered. She then noted that Immigration and Customs Enforcement agents had put a “retainer” on Mr. Araniva Ortiz, meaning that even if he made bail he would not be released.
    On Tuesday he was back in court, this time represented by a Legal Aid Society attorney, Sheila Mullahy, who told Justice Rana he was waiving his right to be released without bail until his next court appearance (again, the five-day limit on holding someone accused of a felony but unindicted). Such a move allows a defense attorney more time to negotiate with the D.A.’s office for a favorable disposition of the case, but in this instance, in view of the immigration authorities’ proceeding, the question was moot.
    Kelvin Y. Santana Aquino, 21, of Springs, was arrested on Boatheader’s Lane in East Hampton early Sunday morning, charged with misdemeanor intentional damage of property. The young man, said by police to be highly intoxicated and belligerent, allegedly picked up a bicycle and threw it at a parked car, doing a good amount of damage to the car. He also faces two counts of physical harassment.
    Bail was set later that morning at $500.