An illegal immigrant in the Bay State is accused of assaulting ICE officers during an immigration arrest, according to the feds.
Guido Andres Cuellar Batres, 24 — who has been unlawfully living in Marlboro — allegedly bit, kicked, struck and headbutted officers, the U.S. Attorney’s office said.
The Guatemalan national is accused of spitting into an officer’s face and eyes during the arrest.
Cuellar had allegedly overstayed his non-immigrant visa by more than four years. As a result, there was an outstanding immigration warrant for his arrest.
Then on May 4 at around 9:45 a.m., three ICE officers and a DEA agent set up surveillance in a Marlboro parking lot. The feds then saw a vehicle enter the lot, with Cuellar sitting in the front passenger seat.
The officers – wearing outer garments identifying themselves as law enforcement – approached the vehicle and ordered Cuellar to step out of the car, according to the feds. Cuellar allegedly refused.
The officers then allegedly instructed Cuellar and the driver to unlock the vehicle, but they did not comply.
“It is alleged that after being instructed by the officers to keep his hands visible, Cuellar reached down in the front passenger seat such that the officers lost sight of his hands – raising concern that he might be reaching for a weapon,” the feds wrote.
“Given this concern and the refusals to comply with orders, the officers broke the rear passenger side window, through which they gained entry and unlocked the front passenger door,” they added.
When he was removed from the vehicle, Cuellar allegedly resisted officers’ efforts to bring his arms behind his back for handcuffing.
He’s accused of biting one of the officers in the wrist, tried to bite another officer in the leg, and struck an officer in the head multiple times.
The officers ultimately handcuffed Cuellar and applied leg restraints. Cuellar allegedly continued to resist by kicking at the officers.
“Additionally, it is alleged that while officers attempted to secure Cuellar in rear seat of their vehicle, Cuellar jumped numerous times to prevent being put in the vehicle,” the feds wrote. “As a result, one of the officers entered the opposite side of the vehicle to pull Cuellar into the rear seat. As the officer took hold of Cuellar, the defendant allegedly head-butted the officer and spat directly into the officer’s face and eyes.”
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Cuellar has been charged with one count of forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with federal officers engaged in the performance of official duties.
He’s currently in ICE custody, and was expected to appear in federal court in Boston at a later date.
The charge of forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with federal officers engaged in the performance of official duties can lead to a sentence of up to eight years in prison, three years of supervised release, and a fine of $250,000.
