DELHI, NY - Delaware County Acting District Attorney Shawn J. Smith announced that Cruz Garcia, 43, was indicted by the Delaware County Grand Jury for Strangulation in the Second  Degree, Unlawful Imprisonment in the First Degree, and Rape in the First Degree, on August 10, 2023.

Count One of the indictment accuses the defendant of  strangling the victim to the point that she nearly lost  consciousness. Count Two of the indictment alleges that the  defendant unlawfully restrained the victim under  circumstances that exposed her to serious physical injury.  Count Three of the indictment accuses the defendant of Rape  in the First Degree and alleged that the defendant forcibly engaged in sexual intercourse without the victim's consent- by means of forcible compulsion. The defendant was transported  to the hospital emergency room because of the injuries she sustained.

These events occurred on the evening of July 25, 2023, while the defendant was released on separate unrelated felony  charges from Orange County. Specifically, On June 12, 2023,  this defendant was arraigned on several felony charges in  Orange County Court. Those charges include Felony DWI and  Aggravated Unlicensed Operation in the First Degree.  Unfortunately, due to New York State's bail reform laws the  defendant was automatically released from custody on those  felony charges.

This defendant lacks any legal status in the United States, and  he was wanted by the United States Immigration and  Customs Enforcement, due to an unrelated criminal conviction,  prior to the Orange County indictment or this  indictment. The defendant is currently in ICE custody in  Batavia, New York awaiting deportation proceedings.

Rep. Molinaro said, "What we are seeing is a preventable  tragedy, precipitated by Albany's bail reform laws and a failed  migrant policy. We need to stop accepting failed policies that  put families in our communities in- danger. There is nothing  controversial or partisan about prioritizing the safety of  Upstate New Yorkers. I once again call for bipartisan action."

Senator Peter Oberacker said, "This case clearly highlights the  dual failures of Albany and Washington. The absence of any  practical immigration policy coupled with the proven debacle  known as bail reform are endangering the public on a daily  basis. Dangerous criminals continue to receive a pass here in  New York State and our police and prosecutors are forced to  continually fight upstream just to do their jobs. I commend  Acting Delaware County District Attorney Shawn Smith and  our law enforcement officers for their work on this case. As a  sponsor and co-sponsor of several bills to end bail reform in  New York, I will continue to advocate for a return to sanity  and safety of our streets." 

Acting District Attorney Smith stated, "I commend the New York State Police for their thorough investigation into this  case, and I am grateful to the staff at Safe Against Violence for their strong support for the victim in this case. I will work to make sure this defendant is held accountable for the  alleged crimes before any deportation proceedings are  completed."

As are all persons accused of a crime, the defendant is  presumed innocent until proven guilty in a court of law.