Sonoma Sheriff on arson arrest: ICE reaction inaccurate, misleading

The Sonoma County sheriff fired back today at ICE, calling that agency’s statement about the Sonoma arrest of an arson suspect “inaccurate and inflammatory.”

A contentious ICE press release referred to the Sheriff’s Office as “a non-cooperative jurisdiction (that) has left their community vulnerable to dangerous individuals and preventable crimes.”

Reacting today, Sheriff Rob Giordano said the ICE accusations are misleading, and “damage the relationship we have with our community.”

The dispute stems from the arrest Sunday of Jesus Fabian Gonzalez for felony arson. The incident and arrest took place in  in Maxwell Farms Park, where the Sonoma Valley resident had been seen sleeping, Giordano said.

Gonzalez told deputies he lit the fire to stay warm, Giordano said.

There is no indication that Gonzalez had anything to do with the wildfires, Giordano said. “We don’t know if these fires were arson or caused by another source.”

The Sonoma Valley man was booked into Sonoma County jail on $100,000 bail for the arson charge, and a $100,000 misdemeanor drug warrant from Ventura County.

The regional ICE office said that over the past year, ICE has lodged detainers against Gonzalez after four separate arrests by Sonoma County on various felony and misdemeanor charges. ICE was never notified of Mr. Gonzalez’ various releases, it said.

In the recent case, Giordano said, ICE sent a detainer requesting the Sheriff’s Office hold Gonzalez for 48 hours past his scheduled release time. “However, this detainer is not signed by a judge so the Sheriff’s Office cannot legally honor it.”

Multiple Federal court cases have determined these administrative detainers are unconstitutional, he maintains.

“ICE has the ability to obtain a warrant for anyone they are interested in like we do every day in this county,” Giordano said. “If ICE obtains a warrant I can legally hold the person and would be happy to do so.”

Gonzalez was arraigned on October 18 and is awaiting his next court date in the Sonoma County Jail, where he will remain until his arson case is heard. After that, he will face the Ventura County charges.

Gonzalez has been in the Sonoma County jail approximately eight times for minor misdemeanor offenses. Giordano said ICE was notified about his release in several of those arrests “as they took place before our recent policy change.”

“We will continue to notify ICE if it complies with law and our policy,” he said.

ICE said it has lodged detainers against Gonzalez after four separate arrests by Sonoma County on various felony and misdemeanor charges. “ICE was never notified of Mr. Gonzalez’ various releases,” the statement said. “Additionally, Gonzales has been returned to his home country of Mexico on two separate occasions.”

ICE said such policies expose the public to avoidable dangers. “Non-cooperation policies – now enshrined in California state law – ensure only one thing: criminals who would otherwise be deported will be released and left free to re-offend as they please.”

According to Giordano, ICE’s “inaccurate and inflammatory” statement provoked a “senseless public confrontation.”

“ICE attacked the Sheriff’s Office in the midst of the largest natural disaster this county has ever experienced,” he said. (Its) misleading statement stirs fear in some of our community members who are already exhausted and scared.”

Giordano pledged to work with ICE cooperatively and within department policy and the law. “Despite ICE’s misleading statement, we will continue to protect and serve our community members with the strength and compassion they deserve.”