SANTA ROSA (BCN)-- Sonoma County Sheriff Rob Giordano today challenged implications that a Sonoma Valley man who was arrested for arson over the weekend could be responsible for some of the fires that have been burning in the North Bay since Oct. 8.
Giordano responded to a press release issued Wednesday by Thomas Homan, the Acting Director of the federal Immigration and Customs Enforcement about Jesus Fabian Gonzalez.
Giordano said the press release was "inaccurate, inflammatory and damages the relationship we have with our community."
On Sunday, the sheriff's office arrested Gonzalez, 48, for felony arson, which occurred at Maxwell Farms Regional Park in the Sonoma Valley where Gonzales was sleeping, Giordano said. Deputies recognized Gonzalez who told the deputies he lit the fire to keep warm.
Gonzalez is being held in the Sonoma County Jail under $100,000 bail on the arson charge and under $100,000 bail for a misdemeanor drug related warrant from Ventura County, Giordano said.
He was arraigned Wednesday in jail and his next court date has not been set. The Sonoma County Superior Court is closed until Monday because of the fires.
ICE sent a request on Oct. 16 to detain Gonzalez for 48 hours past his scheduled release date from the jail, but the detainer was not signed by a judge and the sheriff's office could not legally honor it, Giordano said.
ICE spokesman James Schwab said Wednesday ICE filed an administrative detainer to hold Gonzalez, but Giordano said administrative detainers are considered unreasonable search and seizure in violation of the
Fourth Amendment.
"ICE has the ability to obtain a warrant for anyone they are interested in like we do everyday in this county. If ICE obtains a warrant I can legally hold the person and would be happy to do so," Giordano said.
Gonzalez will remain in the Sonoma County Jail until his arson case is adjudicated and Ventura County will then prosecute Gonzalez, Giordano said.
In his press release, ICE Acting Director Homan said, "Once again, a non-cooperative jurisdiction has left their community vulnerable to dangerous individuals and preventable crimes."
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