Published: November 16, 2008 08:36 am      

Alleged molestor still in country

The illegal immigrant accused of molesting a 7-year-old girl in Clark County has still not been deported as the case hangs in legal limbo.

Jorge Avila, 21, of La Grange, Ky., was released from the Michael L. Becher Adult Corrections Facility last month because he had been held too long without going to trial. Because he is an illegal immigrant, Avila was turned over to Immigration and Customs Enforcement (ICE) in Illinois.

Avila had been scheduled for deportation until the U.S. Marshals picked him up last week on federal charges of re-entering the country after deportation, according to ICE Public Affairs Officer Gail Montenegro.

U.S. Marshals confirmed Avila is still in its custody in Indianapolis. But now, the U.S. Attorney’s Office for the Southern District of Indiana said it plans to dismiss the federal charge against Avila because he can only be charged with re-entry in the state where he originally entered the country illegally. Unless a court order is issued demanding Avila’s return to Clark County, he still remains set for deportation.

The U.S. District Court Clerk’s office said no further hearing dates have been set for Avila.

Avila had been scheduled for trial Oct. 14 in Clark County Superior Court No. 1 on two class A felony counts of child molesting and one count of class C felony child molesting.

Avila allegedly also gave the victim and her mother a sexually transmitted disease.

He was released because of a rule stating that a defendant cannot be held in jail more than six months without going to trial. Deputy Prosecutor Shelley Marble disagreed with the decision, arguing that Avila’s original trial had been postponed due to court congestion.

Avila’s ex-girlfriend and mother of the alleged victim said she was worried Avila would return to Indiana after being deported because he has family in the area. She said he returned after being deported once before.

Avila allegedly molested a 7-year-old girl from June 2004 until August 2005 in Jeffersonville and gave her and her mother the sexually-transmitted disease, trichomonas.

The mother said she was told by immigration authorities that Avila would be deported to Mexico the next day. But last Monday, an official with U.S. Immigration and Customs Enforcement contacted The Evening News and The Tribune to request copies of previous articles written about Avila. That week, he was turned over to U.S. Marshals.

Amber Shaw, who was appointed to represent Avila, said the state recently filed a motion to amend charges but then withdrew the motion. She said she is not aware of any new developments in the Clark County case. Marble did not immediately return messages left at her office. Superior Court No. 1 records show no trial date has been scheduled.

Marble requested an arrest warrant for Avila for not showing up to his rescheduled jury trial. He was in custody of immigration authorities at the time. If Avila is deported and returns to the country, then he could be immediately arrested.

For now, the alleged victim’s family is left waiting to hear whether there is a possibility Avila will be returned to Clark County to face trial or whether he will still be deported.