Two who fled from Rochester police are suspected of being illegal immigrants (Foster's Daily Democrat)

Two who fled from Rochester police are suspected of being illegal immigrants

By JOEY CRESTA
jcresta@fosters.com
Wednesday, January 28, 2009

ROCHESTER — A man and woman who allegedly fled from police after a minor accident on Ten Rod Road Monday night may be in the country illegally and are being held in county jail pending an investigation by immigration officials.

Jose Marcelo Herrera-Sanchez, a.k.a. Manuel Sanchez, 26 and Maria Lopez-Payan, 31, both of 31 Academy St. were arrested Monday night after fleeing from police who were investigating the two-car accident. The two were passengers in a vehicle involved in a minor two-car accident, according to Capt. Paul Callaghan, and they fled when police went to conduct a pat search on Herrera-Sanchez after noticing a bulge in his pocket.

Callaghan said the pair ran into the nearby woods. Police called in a K-9 unit and the dogs found Lopez-Payan hiding under a tree while an officer found Herrera-Sanchez also hiding in the woods. Callaghan said the unit was called in not only because the two allegedly committed a crime, but also to look out for their welfare in the cold temperatures.

Herrera-Sanchez and Lopez-Payan are both from Mexico, according to Callaghan, and arrived in the United States earlier this month. He said they originally arrived in Los Angeles, Calif., and came to Rochester by bus about two weeks ago. Neither speaks fluent English and an interpreter was present during their arraignments Tuesday in Rochester District Court.

After an initial investigation, police determined they were here illegally and they are now being held in Strafford County jail on a 48-hour immigration hold. Callaghan said the hold is to provide time for Immigration and Customs Enforcement officials to conduct an investigation into their status.

They are each charged with Class A misdemeanors of resisting arrest and not guilty pleas were entered on their behalf. Callaghan said Herrera-Sanchez allegedly gave police the false name of Manuel Sanchez. That allegation is still under investigation and he currently is not charged with giving a false report to police.

He and Lopez-Payan are each being held on $2,500 cash bail. If either posts, they will be monitored with a GPS by Strafford County Community Corrections.

Trial dates are scheduled for April 14 at 1 p.m. for both Herrera-Sanchez and Lopez-Payan. Callaghan said the court will work with the public defender's office to contract attorneys fluent in Spanish to ensure they are properly represented. It will be up to immigration officials to determine deportation, but he said that should happen after their New Hampshire charges are resolved.