BRENTWOOD — A New Hampshire judge decided Tuesday afternoon that Wildy Antonio Arias Guerrero, 23, will remain at the Rockingham County House of Corrections instead of being transferred to a federal Immigration and Customs Enforcement facility.
At a bail hearing and arraignment, Guerrero – aided by a Spanish-speaking translator – pleaded not guilty to reckless conduct, possession of a controlled drug, falsifying physical evidence, disobeying an officer and resisting arrest.
Police in Salem, N.H., said they arrested Guerrero at 9 p.m. Monday after attempting to stop the 2019 Nissan Sentra he drove on South Broadway.
According to an affidavit, Guerrero initially stopped and handed over his ID. However, police said he took off at 50 mph, turned off his car’s headlights and ran a red light before crashing into an embankment near Lowe’s.
Police said Guerrero then got out of the car and tossed a package with more than 13 grams of suspected heroin or fentanyl.
Officer Argenis Gomez and his K-9 partner, Lobo, were able to track Guerrero into the woods near the state line, police said. Guerrero was said to be hiding in a bush near the rail trail.
Prosecutor Jill Cook said in court that a witness to the reckless driving came forward and reported seeing Guerrero maneuver between his car and another in the dark. The witness told police that the driver’s side mirror of his car was damaged as a result.
Public Defender Eliana Forcinti pointed out to Judge Daniel St. Hilaire that Guerrero has no criminal record except for a drug-related case from earlier this month, in Lawrence, that was continued without a finding.
She described him as a 23-year-old who made it to 11th grade before dropping out of school in order to work. Guerrero has a 2-year-old daughter living in his native Dominican Republic who he supports, along with the girl’s mother, the attorney said.
Guerrero has lived in an apartment on Osgood Street in Lawrence for about two years, according to Forcinti. She said he works locally at a barber shop and argued that those roots will prevent him from running away.
Acknowledging the ICE detainer – which would prevent him from leaving police custody regardless of this new criminal case – Forcinti said, “We should allow him to be taken into ICE custody so that process can begin.”
She said the federal sector is “in a better position to monitor and provide services to figure out what should occur.”
A dangerousness hearing with witnesses is expected to be scheduled in Rockingham Superior Court soon.