A Springs man charged with multiple counts of first-degree rape, who has since been indicted by a grand jury, was allowed to self deport, and will not face charges for his alleged crimes unless he returns to the U.S.
The Immigration and Customs Enforcement agency flew Bryan Ordonez-Albarracin, 24, to his home country of Ecuador after he agreed that he would not contest his own deportation. The agency had picked up Ordonez-Albarracin outside of the county jail in Riverside after his family posted $80,000 bail April 19. He had been arrested April 6 by East Hampton town police on multiple charges, including three counts of rape in the first degree. He had allegedly raped two different teens on at least three separate occasions.
ICE had obtained a final order of removal against Ordonez-Albarracin in 2014, in absentia, the agency said. It is not clear why the 2014 final removal proceedings were done in absentia, since Ordonez-Albarracin has lived with his family in Springs for many years. He is a former student at East Hampton High School, and even has a house in his name, which is believed to be purchased for him by his family.
After he was returned to Ecuador, the district attorney’s office obtained an indictment from a grand jury in Riverside. The indictment includes four D felonies, including charges of rape, and allegations of sexual contact with a minor. The most serious charges against him brought originally by the police, rape in the first degree, were not pressed by the grand jury. He is also charged with at least three misdemeanors stemming from the alleged incidents.
The indictment is scheduled to be unsealed in the courtroom of State Supreme Court Justice Karen Wilutis September 3. At that point, if Ordonez-Albarracin does not return to face the charges, as well as the wrath of ICE if he re-enters the country illegally, the $80,000 bail his family put up will be forfeited, and a warrant will be issued out of Suffolk County for his arrest.
Another Ecuadorean national facing recent sex crime charges out of East Hampton is following the same route as Ordonez-Albarracin, although serving time for his actions. Edwin Yapez-Prado was originally charged with third-degree rape after his arrest by town police June 1. He forced intercourse on a sleeping woman, who began screaming when she realized what was happening, police said. He had been held in county jail since his arrest, unable to post the $50,000 bail that was set for him.
His attorney, Melissa Aguanno of Edward Burke Jr. and Associates, had waived his right to be released if not indicted, to allow time for negotiations with the district attorney’s office.
He was brought back to East Hampton Town Justice Court August 15, where the felony charge was dropped, to be replaced by a misdemeanor charge of sexual misconduct, to which he pleaded guilty. He was sentenced to six months in jail, and told the court he understood he would be deported after serving his time. Aguanno explained after that even though the reduced charge is a misdemeanor, it is considered a crime of moral turpitude, which automatically triggers ICE deportation action.
Yapez-Prado will not contest the removal proceedings. Since the time he has spent in jail counts toward his sentence, and since Suffolk County grants one-third of a sentence off for good behavior in jail, Yapez-Prado could be flown back to Ecuador as soon as the beginning of October.