Saratoga County Court Judge Jerry J. Scarano denied bail Wednesday for an 18-year-old man who is facing a nine-count indictment for allegedly robbing and attempting to rape a 67-year-old woman in Saratoga Springs.
Antonio Lopez Bautista, of South Federal Street, Saratoga Springs, was arraigned in Saratoga County Court on charges of first-degree assault, first-degree robbery, attempted first-degree rape, attempted second-degree kidnapping, second-degree robbery, first-degree sexual abuse and two counts of second-degree assault.
Bautista, who pleaded not guilty to the charges, is in the United States illegally, police said.
The Saratoga County District Attorney’s Office asked the judge to hold Bautista without bail because federal Immigration and Customs Enforcement has filed a detainer that would likely remove him from Saratoga County if he were to post bail. Such a detainer could remove him to another part of the country to face a deportation hearing, according to a statement from District Attorney James A. Murphy III.
Prosecutors maintain that if he were moved to another part of the country it would be difficult to secure the Bautista’s appearance once he is in federal custody.
Bautista is alleged to have attacked the woman as she was sitting in her car in the parking lot of a downtown restaurant near the corner of Congress and South Franklin streets at 3:30 a.m. May 22, waiting for her husband to finish his job as a cleaner inside the building.
“Without provocation, Bautista is said to have come out of nowhere, attacked the woman who was minding her own business, sitting in the car, listening to the radio, dragged her out of the vehicle, beat her repeatedly, and attempted to rape her,” Murphy said in a statement.
“We are pleased with Judge Scarano’s decision to hold him on no bail. I doubt we would ever see him again [if he were freed] as he would likely be taken into federal custody and be in the federal system,” Murphy said.
“He entered the country illegally and allegedly preyed on a defenseless elderly woman who was waiting to pick up her husband from work. It used to be that illegal aliens were arrested and then immediately deported without prosecution.
“Their one-way ticket home provided no deterrence for committing heinous crimes against U.S. citizens and never being held responsible for them. Now they are prosecuted, serve their time and then deported,” he said.
Murphy said this system has proved to be an excellent deterrent.
Scarano adjourned the case against Bautista for 45 days while discovery motions are made.