Frederick rape suspect appeared in immigration court for prior arrest in April

- There are new details about one of the suspects accused with kidnapping and raping an 18-year-old acquaintance as she returned to her apartment in Maryland.

Edgar Chicas-Hernandez, 17, and Victor Gonzalez Gutierres, 19, have been charged in this case while a third suspect who allegedly filmed the incident remains on the run.

RELATED: Frederick Police: 2 Maryland teens raped woman while 3rd suspect filmed

According to court documents, Gonzalez Gutierres was no stranger to police and U.S. Immigration and Customs Enforcement (ICE). Back in April, the 19-year-old was arrested for failure to obey and resisting arrest after he was a passenger in a vehicle that police were pursuing. During the chase, he bolted from the car and was eventually caught nearby.

ICE said Gonzalez Gutierres was released on immigration bond by a judge and it appears a court date was set to discuss his potential deportation.

ICE insists all procedures were followed, but Frederick County Sheriff Charles Jenkins said this incident illustrates a larger problem.

“You ask yourself how and why,” he said. “The reason why is the system is broken. Not only the immigration system, but the enforcement in the backside where people have to wait so long for court dates and immigration court. Bonds are set and the courts know that these people will not appear in immigration court to face deportation.”

Sheriff Jenkins added, “I think the solution is more immigration judges, speedier court dates, more effective, more expeditious court dates, court appearances, and for these people not to be released but to be kept in jail until they appear in court and are removed from the country.”

Jenkins also said he believes both suspects charged in the rape case were likely MS-13 gang members and he has information to indicate that.

ICE said in a statement, “Once ICE encounters an alien, custody determinations are made on a case-by-case basis after a review of the alien's case."

The federal law enforcement agency also said an immigration judge granted bond to Gonzalez Gutierres since he did not have any criminal convictions nor was he considered a flight risk.

ICE has lodged an immigration detainer for Gonzalez Gutierres after his most recent arrest.

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