Honduran Man Charged In Fairfax Homicide: ICE

Updated: July 26 (3:50 p.m.): This story was updated with a statement from the Fairfax County Sheriff's Office about its actions while Maldin Anibal Guzman-Videz was in the Fairfax County Adult Detention Center.

FAIRFAX CITY, VA — One of the three men charged in the blunt force trauma death of 47-year-old Nicacio Hernandez Gonzalez of Fairfax on July 19 was in the U.S. illegally, according to U.S. Immigration and Customs Enforcement.

Earlier this week, Fairfax County Police arrested 27-year-old Maldin Anibal Guzman-Videz and 45-year-old Wis Alonso Sorto-Portillo and charged them with malicious wounding by mob. They are being held in the Fairfax County Adult Detention Center without bond.

On Wednesday, detectives from FCPD's Fugitive Tracking and Apprehension Unit, with the assistance of the Metro Transit Police Department, Amtrak Police, and U.S. Marshals Service, arrested 20-year-old Wilmer Adli Guzman of unknown address in Washington, D.C.. Police charged Adli Guzman with malicious wounding by mob. He is currently being held at the D.C. Central Detention Facility, awaiting extradition to Fairfax County.

Guzman-Videz is a Honduran noncitizen who was in the country illegally, according to ICE. He was arrested Nov. 18, 2018 by the U.S. Border Patrol after entering the country near Hidalgo, Texas.

At that time, Guzman-Videz was given a notice to appear before a U.S. Department of Justice immigration judge, according to ICE. On July 15, 2019, he was ordered by the judge to be removed from the U.S.

“Enforcement and Removal Operations is focused on smart, effective immigration enforcement that protects the homeland through the arrest and removal of those who undermine the safety of our communities and the integrity of our immigration laws," said ERO spokesman James Covington.

On March 17, 2023, Fairfax County Police arrested Guzman-Videz and charged him with malicious assault involving a victim severely injured, offense and assault, three counts of malicious wounding, two counts of entering a building at night with intent to commit larceny, and two counts of fail to appear, according to ICE records.

FCPD arrested Guzman-Videz on June 28, 2023 and charged him with malicious wounding, according to ICE.

Between Oct. 27, 2022 and June 28, 2023, Enforcement and Removal Operations in Washington, DC filed multiple immigration detainers against Guzman-Videz with the Fairfax County Adult Detention Center. However, ICE said that the detention center refused to honor the detainers and released Guzman from custody.

Responding to a request for comment, a spokeswoman with the sheriff's office told Patch that the county hadn't "turned down" any detainer request.

" On the date of Mr. Guzman’s initial intake (June 28, 2023), ICE was notified via the Livescan (fingerprint) process that Anibal Guzman was in the custody of the Adult Detention Center," the spokeswoman said, in an email."At any time during his 52-day stay in the ADC, ICE knew of his whereabouts and could have obtained a judicial warrant for his arrest as an undocumented immigrant or come to the Adult Detention Center to arrest Anibal Guzman upon his release. They declined to do either of those things. In this case the Commonwealth’s Attorney agreed to a sentence of 364 days with 364 days suspended on the charge of Burglary. Effectively he received no active jail time."

The same was true on Feb. 21, 2024 when Guzman-Vidaz was brought back to the adult detention center, according the spokeswoman from the sheriff's office. Like the earlier case, ICE was notified he was in custody via the Livecan process.

"During this period of incarceration, the Sheriff’s Office received no communication from ICE whatsoever," the spokeswoman said. "They did not send a detainer or obtain a warrant during the entire 117-day incarceration. Therefore, the Sheriff’s Office was legally required to release Anibal Guzman on June 17, 2024 once his cases were resolved and his sentence served."

Guzman-Vidaz was released from the adult detention center because he served less than a year on the burglary and malicious wounding charges, according to the sheriff's office.

On July 28, 2023, Guzman-Videz was convicted in the Fairfax County Circuit Court of entering a structure to commit to burglary, according to court records. He received a prison sentence of 364 days.

"The Commonwealth’s Attorney made an agreement to sentence Anibal Guzman to a period of incarceration of 364 days (all suspended) on the burglary and 11 months (active) on the amended charge of assault and battery," the spokeswoman said. "He was not convicted of malicious wounding."

As a result, the sheriff's office released Guzman-Videz on June 17, 2024 because there was no ICE detainer or warrant on file. " Legally he had to be released once his sentence was served," according to the spokeswoman.

On Monday morning, FCPD Chief Kevin Davis told Fox5 News anchor Steve Chenevey that two suspects had been arrested the night before. They were later identified as Guzman-Videz and Sorto-Portillo.

Following those arrests, DC ERO's office filed another immigration detainer with the adult detention center, according to ICE.

Also on Monday, Loudoun County Police arrested and charged Guzman-Videz with malicious wounding by mob. That case is pending, according to ICE.

Patch reached out to both the Fairfax County Sheriff's Office and Police Department about their policies concerning suspects in their custody who are in the U.S. illegally.

"The Fairfax County Police Department does not retain data based on immigration status in accordance with our policies and county regulations," an FCPD spokesman said. "Our officers do not ask about citizenship or immigration status of witnesses or victims, and arrests are conducted without considering civil administrative immigration warrants. We strive to treat all individuals with dignity and respect, adhering to our policies."

A spokesman from the Sheriff's Office shared a link to the department's Policy Statement Concerning Treatment of Undocumented Inmates, which was posted online on Thursday.

"The Fourth Amendment to the Constitution guarantees the rights of all people to be secure in their persons, free from unreasonable seizure," the statement say. "The Fourteenth Amendment requires that all people be treated equally under the law with access to due process. The status of a person as an inmate or an undocumented immigrant does not diminish their right to be free from unlawful seizure, nor does it eliminate their access to due process and equal protection."

Sheriff's Office: Policy Statement Concerning Treatment of Undocumented Inmates

On Saturday afternoon, a resident reported to police that saw a body of an unresponsive man lying on a trail off of Route 29 near the Blake Lane/Pickett Road intersection on Saturday. The body was later identified as that of Hernandez Gonzalez.

Detectives with FCPD's Major Crimes Bureau arrested Guzman-Videz and Sorto-Portillo, both of unknown addresses, on Tuesday. They were both charged with malicious wounding by mob and are being held in the Fairfax County Adult Detention Center without bond.

Related: Homicide Victim Found On Cross County Trail Near Fairfax City: Police

Although two suspects have been arrested, police say the case is still under investigation. Detectives are actively looking for witnesses in Saturday's homicide.

Anyone with information regarding this incident is asked to call FCPD's Major Crimes Bureau at 703-246-7800, option 2. Tips can also be submitted anonymously through Crime Solvers by phone – 1-866-411-TIPS (866-411-8477), and by web – Click HERE. Download the ‘P3 Tips’ App “Fairfax Co Crime Solvers.” Anonymous tipsters are eligible for cash rewards.

The following is the full text of the email sent to Patch from the spokeswoman with the Fairfax County Sheriff's Office.

The County did not “turn down” any detainer request. On the date of Mr. Guzman’s initial intake (June 28, 2023), ICE was notified via the Livescan (fingerprint) process that Anibal Guzman was in the custody of the Adult Detention Center. At any time during his 52-day stay in the ADC, ICE knew of his whereabouts and could have obtained a judicial warrant for his arrest as an undocumented immigrant or come to the Adult Detention Center to arrest Anibal Guzman upon his release. They declined to do either of those things. In this case the Commonwealth’s Attorney agreed to a sentence of 364 days with 364 days suspended on the charge of Burglary. Effectively he received no active jail time.

When Anibal Guzman was brought back to the Adult Detention Center on February 21, 2024, ICE was again notified via the Livescan process that this individual was in our custody. During this period of incarceration, the Sheriff’s Office received no communication from ICE whatsoever. They did not send a detainer or obtain a warrant during the entire 117-day incarceration. Therefore, the Sheriff’s Office was legally required to release Anibal Guzman on June 17, 2024 once his cases were resolved and his sentence served.

Anibal Guzman was released from the Adult Detention Center because he received a sentence of less than one year to serve total on the two serious charges of Burglary and Malicious Wounding. The Commonwealth’s Attorney made an agreement to sentence Anibal Guzman to a period of incarceration of 364 days (all suspended) on the burglary and 11 months (active) on the amended charge of assault and battery. He was not convicted of malicious wounding.

The bottom line is that when Anibal Guzman was released from custody on June 17, 2024, there was no ICE detainer or warrant on file. Legally he had to be released once his sentence was served.