Asylum Seeker Arraigned on Rape Charge

Erie County District Attorney John J. Flynn announces that 26-year-old Jesus D. Guzman-Bermudez of Venezuela was arraigned late Friday morning before Cheektowaga Town Court Justice David M. Stevens on one count of Rape in the First Degree (Class “B” violent felony), one count of Unlawful Imprisonment in the Second Degree, one count of Endangering the Welfare of a Child (Class “A” misdemeanors) and one count of Harassment in the Second Degree (violation).

It is alleged that on or about the evening of Wednesday, August 2, 2023, the defendant forcibly engaged in sexual intercourse with the victim. The defendant is accused of restraining the victim by holding the victim’s head down during the commission of the rape. The alleged crime occurred inside of a hotel room on the 4000 block of Genesee Street in the Town of Cheektowaga in the presence of a 3-year-old child. The victim was known to the defendant.

Erie County Executive Mark C. Poloncarz today issued the following statement pursuant to Erie County District Attorney John Flynn’s announcement of criminal charges being brought against an asylum seeker in Erie County:

“For generations, America has welcomed migrants seeking safety and a better life to our shores. Any asylum seeker who shatters the sacred trust placed in them by violating the law, including against a fellow asylum seeker as in this matter, should be swiftly prosecuted and deported after they are punished for their crimes,” Poloncarz said. “I thank Cheektowaga Police and the District Attorney’s Office for taking swift action against the perpetrator, and I am thankful no county residents were involved in this incident.”

Guzman-Bermudez is scheduled to return on Wednesday, August 9, 2023 at 9:30 a.m. for a felony hearing. He was held without bail. A temporary order of protection was issued on behalf of the victim.

If convicted of the highest charge, Guzman-Bermudez faces a maximum of 25 years in prison.

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She noted that indigenous asylum seekers with limited Spanish fluency are especially unlikely to speak up when they don't understand proceedings in a crowded, intimidating room.

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