(Originally published in Front Page Mag.)
New York may very well have the worst bail reform law out there, as it allows so many people to slip through the cracks.
The law was put together by Democrats in the hopes of making things more fair for those who were arrested. However, it’s a little too lenient; and, based on this report, many are using it to their advantage, including repeat offenders.
For instance, illegal immigrant Cruz Garcia, who was previously wanted by ICE, was able to leave custody due to the controversial bail laws. And in turn, that allowed him to commit another brutal crime that he was arrested for.
Garcia has been indicted for first-degree rape and unlawful imprisonment of a woman, as well as second-degree strangulation. This happened in late July, and the events were so brutal from it that the woman nearly lost consciousness over Garcia’s actions.
This follows New York previously booking him on unrelated felony charges back in mid-June in Orange County, including felony DWI and first-degree aggravated unlicensed operation. But thanks to New York’s “relaxed” laws, he was able to slip out and commit even more crime.
Delaware County Acting District Attorney Shawn Smith voiced his displeasure over the reform laws. “Unfortunately, due to New York State’s bail reform laws, the defendant was automatically released from custody on those felony charges,” Smith explained in a statement. “This defendant lacks any legal status in the United States, and he was wanted by the United States Immigration and Customs Enforcement [ICE], due to an unrelated criminal conviction, prior to the Orange County indictment or this indictment.”
And yet, he was just let go, to commit more heinous acts.
Rep. Marc Molinaro, a Republican for New York, wasn’t pleased with the reform laws: “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.”
Absolutely nailed it on the head. I’m not sure what those Democrats were thinking when they put the laws together to begin with. More humane treatment? Trying to avoid filling up those jail cells so they can pay less money to police officers? Hey, your guess is as good as mine. But the bottom line is that this system is failing. Horrendously.
Republican state Senator Peter Oberacker added some fuel to the fire, discussing the “dual failures” of both New York and Washington when it came to bail reform laws. “The absence of any practical immigration policy coupled with the proven debacle known as bail reform is endangering public life 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 to do their jobs.”
Perhaps the most concerning thing of all is that so many immigrants are now entering our country, while President Joe Biden twiddles his thumbs and occasionally points at a Border Patrol agent, blaming them for the mess. While innocent people, like the woman Garcia so heavily assaulted, pay the price.
New York State Police are looking into the matter, thank goodness. But you really have to wonder just how much those troublesome Democrats are going to bind their hands in the matter, simply stating that it’s all about that “reform policy” and how it’s not adding to the growing criminal activity within their state.
Gov. Kathy Hochul believes that the bail reform has a “righteous” goal. In an earlier statement, she noted that “the size of someone’s bank account should not determine whether they sit in jail, or return home, before they have even been convicted of a crime.”
But you’ll let a migrant slip away and hurt even more people, while paying attention to someone’s checkbook?
This system needs an overhaul. Badly. Otherwise, more migrants are going to be out there, committing criminal acts while New York insists it doesn’t have a problem. I assure you – it does.
Michael Letts is Founder, President, and CEO of InVest USA, a national grassroots non-profit organization that is helping hundreds of communities provide thousands of bulletproof vests for their police forces through educational, public relations, sponsorship, and fundraising programs. He also has over 30 years of law enforcement experience under his belt.
