Cheektowaga, N.Y. (WBEN) - Shortly after news broke on Tuesday of a migrant seeking asylum in Cheektowaga was charged with raping another migrant woman in their hotel room, reaction from lawmakers and other candidates across Western New York came flooding in.
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Prosecutors investigating this case say the suspect and victim knew each other, and were among the 500 migrants bussed-in to Erie County from New York City.
Erie County District Attorney John Flynn told WBEN on Tuesday the incident took place last Wednesday, and his office was able to put the case together on Friday to arrest Jesus Guzman-Bermudez. The 26-year-old native of Venezuela was charged with rape, unlawful imprisonment, and endangering the welfare of a child after the alleged rape took place in front of their three-year-old child that was in the hotel room with them.
Guzman-Bermudez is being held without bail, and is scheduled to return to Cheektowaga Town Court on Wednesday at 9:30 a.m. ET. He faces a maximum of 25 years in prison if convicted of the highest charge.
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"This is a problem. This is going to be a security risk for the United States, a security risk for Erie County," said Erie County Legislator Frank Todaro (R) in an interview with WBEN on Tuesday. "Our County Executive is allowing asylum seekers to come in, red carpet's rolled out. One of the main concerns is we don't have any paperwork, any documentation from the actual country where this person that is seeking asylum is coming from that can show us their history. If they have a crime history, their health records. We don't have any of this.
"We had been crossing our fingers to hope this would not happen, but this is one of those 'I told you so moments' that really just gets under my skin. And now we have someone that has been raped inside the hotel room where they have been residing at on Genesee Street."
The Erie County DA said Tuesday in his explanation of the case this wasn't a circumstance that saw the migrant accused of rape go out and take someone from the public back to his hotel and rape them. He says the suspect clearly knew the victim and happened to commit the crime in front of their three-year-old child.
However, Todaro doesn't believe there is a distinctive difference to be made in this case, a crime was still committed.
"It is a crime that comes from an asylum seeker, and I don't care which way you want to paint it, color it, this is exactly what my concern was, and many of us have been concerned. Constituents, my colleagues in the Legislature in the Minority Caucus, this is a problem."
Todaro's question on Tuesday as a result of this news was what the response was going to be of Erie County Executive Mark Poloncarz. He feels now is the time for Poloncarz to speak up on the matter and provide clarity to the public.
"He needs to get on a phone call, he needs to get in the public eye and start talking about this. Stop deflecting, and let's ask those questions. I want to know exactly what the County Executive is going to do about this now," Todaro said.
"Personally, I think it's been very irresponsible that we're just getting statements issued out on a one-way conversation where you just get to hear where his stance is on things. I think it's well overdue that he should start answering the questions that the public wants answered. That's exactly what needs to be done. You cannot hide from this anymore. You've got to talk about it."
Erie County Executive Mark Poloncarz released a statement regarding the criminal charges brought against the Cheektowaga asylum seeker:
"For generations, America has welcomed migrants seeking safety and a better life to our shores. Any asylum seeker who shatters the sacred trust placed in them by violating the law, including against a fellow asylum seeker as in this matter, should be swiftly prosecuted and deported after they are punished for their crimes. I thank Cheektowaga Police and the District Attorney’s Office for taking swift action against the perpetrator, and I am thankful no county residents were involved in this incident."
In the meantime, Todaro feels there needs to be more answers with regards to the migrants coming from New York City to Western New York in order to try and avoid a crime of this magnitude to anyone again.
"The answer could be, should we start having deeper investigations done? ICE [U.S. Immigration and Customs Enforcement] agents may be going in and actually coming up with the proper documents that everybody should stay quarantined to that hotel, and not really go out in the public until, let's say, the local federal government here can give us a green light that this person is OK," Todaro said. "There's got to be a deeper background check, it has to happen immediately. Until then, a quarantine should happen."
Erie County Legislature Majority Leader Tim Meyers also released the following statement:
“When you are in our country, you must obey our laws. The charges in this case are sickening, and I am proud of the work of the Cheektowaga Police Department to quickly investigate and bring this to the Erie County District Attorney’s Office. This disgusting behavior has no place in our community.”
Neither Meyers nor Poloncarz were reachable for further comment.
Also voicing her reaction to the allegations of rape surrounding the migrant on Tuesday was Erie County Executive GOP candidate, Chrissy Casilio, who says she was speechless and heartbroken for the victim and family of this crime.
"I have two daughters, my youngest is almost three-years-old, and the thought of having an innocent child witness something so evil and brutal is unfathomable," said Casilio on Tuesday during a press conference in Cheektowaga. "There is a special place in hell for individuals that commit such heinous atrocities. This is every mother's worst fear come true, something that Mark Poloncarz will never understand and will never have to live with."
Casilio says the migrant issue has been, far and away, the biggest concern for residents across Erie County over the past few months. Not only are they infuriated with the situation, but she says they are even less satisfied with how secretive the entire process has been.
"Mark brought this crisis to our community, our concerns are real and valid, and now Cheektowaga, Amherst, and Hamburg bear this burden," Casilio said. "For months, the community has been asking for a safety plan to which we've been met with silence and indifference. Make no mistake, this is going to get worse."
She also says there are still many questions from residents in Erie County that have gone unanswered by the Poloncarz administration.
"The school year is approaching, are schools in Cheektowaga, Amherst, and Hamburg going to have adequate resources to accommodate an influx? Are migrant children eligible for universal pre-K? What happens when New York City does run out of money or stops funding room and board? What then? How long have they agreed to provide funds?," Casilio asked.
The Republican candidate for Erie County Executive this fall also calls on Poloncarz for his lack of clarity and communication throughout this process, and says he has failed the community with his profound lack of leadership.
"Mark Poloncarz being silent is really the standard for everything that he does. Mark Poloncarz has been silent about the plan with the migrants and the transparency. He's been silent about the blizzard and the 47 victims we had in the blizzard. He's been silent about the gas stove ban, he's been silent about cash bail. Being silent about things is what Mark Poloncarz does best," she said. "I am not going to be silent, because the residents of Erie County deserve answers, and they deserve a leader that is going to be transparent and is going to be proactive."
Casilio goes on to say if she was County Executive starting Wednesday morning, the first thing she would do is call New York City Mayor Eric Adams' office and remind him he is the one that caused this problem to himself.
"He's the one that declared New York City a sanctuary city, and made this declaration without being prepared for this and knowing how he would be able to properly accommodate this many people. Now he's trying to make his failures Erie County's problem. That's not going to happen," Casilio said. "So on Day 1, I would be calling Mayor Eric Adams and telling him this stops immediately."
Like Todaro, Casilio feels going forward there needs to be more transparency with regards to the migrants coming to the region, and believes that information needs to be made public to ensure the safety of the community.
"A safety plan is not just for the residents of Erie County. Every single person that steps foot in this county, whether they're visiting, whether they're traveling through going to another destination, whether they're here seeking asylum, or whether they're residents of Erie County, every single person has a right to be safe and feel safe," Casilio said. With that, we need to know the vetting process, we need to know how they're vetted, we need to know their health status, we need to know who's here and if we're all safe, and also what the accommodations are going to be while they're here."
Another question Casilio has going forward with this case is what resources should be offered to the victim and her child, but also who's paying for it?
"I'm sure when [Poloncarz] says New York City is going to be paying for this as they come here, I would like to know if that includes counsel. I want to know if that also includes counsel for Mr. Guzman, who's paying for his counsel? Who's paying for the necessary therapy that is needed for that child? Who's paying for the therapy and care of the victim? All of those things need to be taken care of, and it would be absolutely repugnant if they, the victims, did not receive the proper services," Casilio said.
Here are some more public statements from Western New York lawmakers on Tuesday:
State Senate Minority Leader Rob Ortt (R):
"Another day in New York, and another failed Democrat policy has led to another victim.
"New York City continues to ship migrants to upstate communities with no transparency or communication, and now one of these migrants has been charged with rape.
"This disgusting individual was brought to Western New York courtesy of failed Democrat “sanctuary” and open border policies which have created chaos across our country, state and now here in Western New York. All while hardworking, tax-paying New Yorkers and Americans continue to foot the bill."
Erie County GOP Chairman Michael Kracker:
"The details of rape charges filed against a so-called “asylum seeker” in the Town of Cheektowaga are absolutely disgusting. This individual was welcomed to our community by far-left politicians and committed a heinous crime in front of a young child.
"Erie County residents have been lectured and maligned by Mark Poloncarz and Kathy Hochul for raising concerns about these illegal migrants coming to our community. Now, we are dealing with the reality of allowing unvetted individuals into our community that make Erie County less safe.
"This individual should be brought to justice for his repugnant crimes. And feckless political leaders like Mark Poloncarz must be held accountable for bringing this crisis that Erie County.”
Cheektowaga Councilman Brian Nowak (D):
“This is a very serious matter, and these allegations, if true, are inexcusable. While there may not have been a concern for the public safety of permanent Cheektowaga residents, any behavior of this sort, in our community, is unacceptable. No child should suffer the trauma of witnessing a violent crime, especially children who have already been moved thousands of miles from their home. No one should ever live in fear of their partner.
"I have been in contact with Chief Gould to offer my gratitude for the efficient mission he and the Cheektowaga Police department carried out. I commend them for their work even under these difficult circumstances. I have complete confidence in the judicial system of Erie County and am certain that justice will be done in this case.”