CHARLOTTE, N.C. — Two inmates transferred from Immigration and Customs Enforcement to North Carolina to stand trial on charges in connection with a killing, were accidentally released from custody in Mecklenburg County. The two have since been taken back into custody.
Reyna Ullola-Martinez and Jose Rivera-Martinez were mistakenly released by the Mecklenburg County Sheriff's Office on Friday, the agency confirmed. The Mecklenburg County Sheriff's Office, the agency charged with housing and transporting inmates, blames the release on a lack of information.
"Typically, when someone is brought to MCSO from another jurisdiction, upon arrival at APC the transport officers provide MCSO with a copy of a writ which would direct that the individual remain in custody to be returned to the transferring jurisdiction upon conclusion of his/her business in Mecklenburg County court," the sheriff's office said in a released statement. "During the transfer of custody of Mr. and Mrs. Martinez on Friday, MCSO personnel asked the Georgia transport officers if there were writs for both individuals. MCSO was informed by the transport officers that there were no writs, and that Mr. and Mrs. Martinez were brought to MCSO to be served with Mecklenburg County warrants for accessory after the fact to first degree murder. MCSO confirmed the existence of those warrants, served them, and thereafter presented Mr. and Mrs. Martinez to the magistrate on duty at the APC. Still at this time, neither the MCSO personnel in APC nor the magistrate were aware of a writ providing hold-and-return conditions for Mr. or Mrs. Martinez. The magistrate issued release orders with unsecured bonds for both individuals and provided them with a court date of Monday, September 9, for their Initial Appearance on the accessory after the fact charges. MCSO then released the individuals in compliance with the magistrate’s orders for release."
Once the Mecklenburg County Sheriff's Office learned of the error, their statement says law enforcement attempted but failed to locate the Martinezs. When the pair returned for their scheduled court appearance on Monday, they were returned to custody.
“It was a stressful weekend, not knowing where the Martinezes were," Sheriff Garry McFadden said in a released statement.
But thankfully they appeared for court this afternoon and we were able to take them back into custody. We are also still investigating what took place regarding the Martinezes coming into the APC without writs, and we are committed to ensuring better communication with transport officers so that individuals with court-ordered detention holds are not erroneously released in the future.”
The Mecklenburg County District Attorney sent WCNC Charlotte the following statement
The District Attorney’s Office sought the transport of two defendants charged with Accessory After the Fact to First Degree Murder after they were determined to be in federal custody. We coordinated with federal law enforcement officials for their delivery to this jurisdiction so they could face charges for a violent crime, with specific provisions, signed by a judge, that if released from local custody, they would be returned immediately to federal law enforcement. We have since been informed that a Mecklenburg County magistrate unsecured their bond, and the Mecklenburg County Sheriff’s Office later informed us of their inadvertent release. We are aware that multiple law enforcement agencies are working to secure their return to custody. As this remains a pending criminal matter, in observance of ethical obligations, this office must refrain from any additional comment.
In addition to the above statements, WCNC Charlotte has obtained court documents that confirm their $50,000 bonds were paid and the two were released on Friday.