Abducted Clifton Park boy found safe in Albany, father arrested; Documents detail prior allegations

PHOTOGRAPHER: Shutterstock Image

Gustavo Oliveira, 9, and Nivaldo P. Oliveira, 41

CLIFTON PARK — The Clifton Park boy police say was abducted from his home early Friday by his father has been found safe and his father arrested, Albany police tweeted late Friday.

Police there took suspect Nivaldo Oliveira into custody Friday evening near Ontario Street and Livingston Avenue and also located the child, 9-year-old Gustavo Oliveira, found safe, police said.

“Shortly after 9 pm, members of the Albany community notified the police after observing Oliveira walking with the child on Ontario Street. He was taken into custody shortly after by officers nearby,” Albany police spokesman Steve Smith announced on Twitter shortly before 10 p.m.

The discovery of the boy and arrest of his father ended a day that began with the boy’s abduction and led to an Amber Alert as authorities feared Oliveira might harm the child.

The incident comes two months after the now-41-year-old Oliveira had twice been arrested for trespassing and trying to detain his estranged wife. He was also charged with endangering the welfare of a child in the first incident. The second case led to a felony burglary charge being lodged against him.

But he was released both times on his own recognizance under the state’s bail reform law that went into effect Jan. 1. He later failed to show for court and a warrant had been out for his arrest since Feb. 26, authorities said.

Authorities did not immediately release Friday evening the charges Oliveira might face as the result of Friday morning’s incident, only that he had been taken into custody and the boy found safe.

Oliveira, however, attempted to avoid arrest and suffered minor injuries in the process, state police said later. He was taken to Albany Medical Center for evaluation.

“Thank you to the Albany Police Department and to the public for their assistance in successfully recovering the child unharmed,” state police said in a release. “We also extend our appreciation to the Albany Police Department, Colonie Police Department, the FBI, and our AMBER Alert partners for assisting with this case throughout the day.”

GAZETTE COVERAGE

Our subscribers help us bring this information to you. Please consider a subscription at DailyGazette.com/Subscribe

State police said Nivaldo Oliveira took Gustavo from a residence on Tallow Wood Drive at about 1 a.m. Friday and the circumstances led police to believe that the boy was in immediate danger of serious injury or death.

The abduction led to the Amber Alert within hours and the search for the boy and the man authorities believe took him continued into the evening Friday.

The abduction came nearly exactly three months after two incidents in early February where authorities said Oliveira illegally entered his estranged wife’s residence. He was charged with trespassing in the first case and burglary in the second.

After the second incident, the woman told police in a statement filed in court that she had been separated from Oliveira “due to prior domestic incidents” and that she had just moved into that apartment, located in Halfmoon, “to get away from Nivaldo.”

In the first incident, Feb. 1, Oliveira was accused of entering the residence without permission and remaining there after being told several times to leave. He was also accused of closing a child’s arm in a door while trying to stop his wife from leaving, according to the allegations.

She told police she was getting ready to go out when she turned around and Oliveira was there.

Oliveira blocked her from leaving and her son entered the bedroom in an attempt to get Oliveira to stop, her statement read. She got out, but the Oliveira pushed her into the bathroom and attempted to close the door, but the boy stuck his arm in the door to prevent it from closing, she told police.

She eventually got to her cellphone and called police.

Oliveira was charged in that incident with second-degree criminal trespass and endangering the welfare of a child, both misdemeanors. He was issued an appearance ticket and released.

In the second incident, the evening of Feb. 9, Oliveira was accused of again entering the residence without permission. This time the woman was upstairs with her son. He remained in the downstairs living room and concealed himself under a couch for a period of time, charges in that case read.

“I was scared for my safety and hid in the bathroom with my son,” his estranged wife told police in her statement.

She then called 911 and a friend.

“He’s crazy and he sneaks into my house,” she was quoted as saying in another part of the filing.

She earned that while Oliveira was inside he disconnected a camera she had in her living room. He left before police or her friend arrived.

She sought Oliveira’s arrest and an order of protection.

State police caught up with Oliveira on Feb. 12 when he returned to the victim’s home and arrested him.

He was then arraigned in Halfmoon Town Court and released, a court official said Friday. He was due back in court Feb. 26, but never showed, the official said.