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Bail Twice Raised After F.B.I. Report

Thu, 05/23/2019 - 07:22



A young man whose employer had brought him to Amagansett to work for the season was charged with driving while intoxicated on Sunday evening and, on Monday, with false personation, for giving a fake name to police officers.

Walter Joaquin Victoriano, 20, a Mexican citizen who first identified himself as DeJesus Victoriano, told East Hampton Town police his real name after his arraignment, while he was waiting to be taken to jail in Riverside if bail were not posted. “I lied before, because I was scared,” he said.

He was pulled over on Pantigo Road near the entrance to the courthouse complex for driving erratically, according to police. His breath test at headquarters in Wainscott was recorded at .19 of 1 percent, high enough to trigger an aggravated charge of D.W.I.

East Hampton Town Justice Lisa R. Rana had asked Mr. Victoriano, at the arraignment, where he worked. It was at a food market, he said, but he was not sure of its name. He told the court he had been brought here to cut fruit in the market, the same job he has in the city, and that he made about $350 a week. He did not know his phone number or his New York address.

Justice Rana had a report from the F.B.I. before her. According to the agency, Mr. Victoriano had been arrested in 2013 on a charge of illegally entering the country. “You’re indicating to me that that did not happen?” she asked. “No,” he replied.

“I have no phone, no address, six months in East Hampton, and a questionable arrest as a result of immigration proceedings,” she told the defendant through a court interpreter. She set bail at $1,500.

“He has indicated he is going back to New York City,” said his Legal Aid attorney, Brian Francese.

“I’m asking you a very simple question. What is your address in New York City?” Justice Rana asked again. After much hesitation, the man gave a Second Avenue address.

“When you are evasive, it makes me wonder if you are being candid about immigration proceedings one year ago.” Justice Rana then raised the bail amount to $2,500.

After he later admitted, back at headquarters, having falsified his name, the second charge was filed. He was held for a second night in Wainscott, and on Tuesday morning he again stood before Justice Rana, representd by Mr. Francese, who asked that he be recused from future appearances on the grounds that, having identified the defendant as DeJesus Victoriano in court the day before, he was now a potential witness in any prosecution. The court agreed and said it would appoint an attorney at Mr. Victoriano’s next appearance, which is today.

Justice Rana again went over Mr. Victoriano’s personal information, again receiving vague or uncertain answers. She asked him about the F.B.I. report. “Did you have that immigration proceeding?”

He looked down, shaking his head. “Yes,” he said quietly.

Bail was raised to $3,600. “If I don’t pay that bail, I will get deported?” Justice Rana explained the bail process to him, and he was taken back to headquarters. Soon after, an English-speaking man came into the courthouse looking for him. Told his bail status, and where to find him, he hurriedly left.

A Northport man stopped on suspicion of drunken driving tried to get away from town officers early Friday morning as he was about to be arrested. According to police, Kevin P. Madden, 30, was pulled over on Springs-Fireplace Road in Springs for speeding and told the officer he had had “a few drinks at work. I’m pretty sure I’m legal.”

After failing roadside sobriety tests, he reportedly ran away as he was about to be handcuffed. When officers caught up with him, he began “flailing his arms and legs,” refusing to be handcuffed even as he was being subdued. He kept trying to get up and run, police said. A vial of marijuana was allegedly found in his back pocket.

At police headquarters, he refused to take the breath test, saying, “I’m not answering that” and “It is what it is. I shouldn’t have been driving . . . I’m sorry for fighting.”

His license, already suspended for failure to pay a previous court-imposed fee, has now been revoked for one year for the breath-test refusal. Mr. Madden was additionally charged with unlicensed driving and failure to produce proof of inspection or insurance. Bail of $1,500 was posted the next morning.

Police stopped Michael J. Quilty’s 2014 Porsche on Pantigo Road near Amy’s Lane Saturday evening and eventually charged him with drunken driving. Mr. Quilty, 55, who owns an apartment in the city and a house in East Hampton, had a breath test reading of .2 of 1 percent, according to the report.

Justice Rana explained the charges during his arraignment the next morning. “May I ask you something,” Mr. Quilty said. “I was charged with aggravated driving while intoxicated? What does that mean?”

“Any driving-while-intoxicated charge with a reading of .18 or higher leads to an aggravated charge.” she ?explained. She released Mr. Quilty without bail, citing his dual ownership of property both here and in the city.

Marco F. Amay-Espana, 22, of Amagansett was pulled over on Town Lane near Windmill Lane in that hamlet on the afternoon of Sept. 2, reportedly for speeding. The arresting officer said his 2002 Toyota had a heavy smell of marijuana. “I ate the weed, and smoked about two hours ago,” he is said to have admitted. He was searched and found to be in possession of a small amount of marijuana, police said.

Mr. Amay-Espana was charged with driving with ability impaired by drugs, driving without a license, speeding, and possession of marijuana. Bail was set the next morning at $2,000, which was posted.

Diego Mauricio Marles-Ramirez of East Hampton and Alejandro J. Valentin-Pagan, who is working in Montauk, also face D.W.I. charges following their arrests over the weekend. Both had reported breath tests low enough, .11 and .09 respectively, that they may be allowed to plead to a non-criminal charge of driving with ability impaired by alcohol.

 

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