February 12, 2025 • 28 mins
Douglas County Sheriff Aaron Hanson fills in the blanks on a story in the local paper about this poor immigrant separated from his prenant wife in Lincoln, before discussing how local departments are working with ICE a little differently now than over the past four years.
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Episode Transcript
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Speaker 1 (00:00):
Scott Vorie.
Speaker 2 (00:01):
We also have here, fresh off the Roads. Douglas County
Sheriff Aaron Hanson joins us in the studio. Sheriff, always
a pleasure, Thanks for coming in.
Speaker 3 (00:10):
Thanks, Yeah, it was roads aren't too bad, Yeah, little
slippery take it, take it. Stay home with your kids,
Kiah if you can.
Speaker 2 (00:18):
Absolutely, But it's funny. People later today, as the sun
comes out and the snow stops, are like, well, I
want to go out and do something. Then they'll be
mad if people aren't there working so they can go
do something.
Speaker 3 (00:29):
Go make a snow angel or a snowman. Yeah, not exactly.
Speaker 2 (00:33):
It's not really snowman snow and it's not going to
be warm enough to have the kids out there playing
for too long.
Speaker 3 (00:39):
We'll go, We'll go to try to make a snowman.
Speaker 2 (00:41):
In the album You're terrible, Sheriff, you're telling kids go
out there and get frostbite and all the rest of
the stuff. Now, I I'd reached out to you this morning.
We talked with Douglas County Commissioner Mike Friend about an
issue that you and I have discussed a few times
here over the past year. And we'll get to that
in a second, But you also heard me make a
(01:01):
snide comment on the radio, because apparently in several hours
of radios you managed to find a snide comment that
I'd made. And it has to do with the story
here in the Lincoln Journal Star and the Omaha World Herald.
The headline is a Lincoln man went to court on
a misdemeanor charge. He wound up in ICE custody, And
(01:21):
the main goal of the story is to start saying, well,
if ICE shows up at the courthouse and detains people
or in this country illegally on a misdemeanor charge, then
people aren't going to show up for court. I said, really,
are a lot of people, whether it's misdemeanor or felony charges,
who are in this country illegally. Are they showing up
for court in the first place? And then there was
(01:43):
a comment about, you know, they're taking this guy away,
but his wife, who's six months pregnant, is on her
own with their child and all this. And I see
that there's assault in battery charges and threats and so
forth with this guy. And I said, it's interesting that
we haven't heard from ICE, our law enforcement on this story.
The World HEROLD talked to this guy's lawyer and published
(02:06):
all of his stuff, not the World Herald, the Journal Star,
and you're right and well in the World Harold as well.
They're one publication essentially. But you also saw this story.
Speaker 3 (02:17):
I did, and you know I was I was curious
too when I saw the headline, when I read the story,
and I thought, you know, this doesn't seem consistent with
the message that I received a couple of weeks ago
from from Tom Homan. Borders are Tom Homan and DC
And in fact it's not. This gentleman is not the
poster child for heavy handed ice enforcement. And in my opinion,
(02:43):
I don't know this reporter from the Lincoln Journal Star.
I mean, I think we got great reporters here in
Omaha with the World Herald. But what I know now,
obviously the story is lacking in very crucial context and content.
Speaker 2 (02:55):
Well, I'll I will give grace on this front. Knowing
what I see in journalism these days. You might have
some people have or well intentioned, or maybe they have
an ax to grind or whatever, But a lot of
times in journalism now you've got people who are they're
not long in the tooth in the business, and they
don't know any better, Like maybe I should reach out
(03:16):
to the other side and get that they hear a
compelling story on one side and that's it.
Speaker 3 (03:21):
Or maybe you should check out the public records on
the case. Well you have, oh I have, yeah, have
them here with me. So what we have here is,
according to this guy's attorney, he is a misdemeanor disturbing
the peace charge is what has been reduced by the prosecutor.
And then two agents show up there and say we're
taking him out. So it's like a misdemeanor charge. We
(03:44):
don't even have a conviction, and now ICE is taking
this guy away. And again I'm looking at this going
there's got to be more to the story. So Sheriff Hansen,
what is the more to the story? There's two very
important parts of the story. Number one is the crime itself,
and then number two is mister Ventura Marcil's interactions with
Border patrol in twenty seventeen.
Speaker 2 (04:05):
So, first of all, this is the guy who is
you know, the one who's now in ICE custody.
Speaker 3 (04:10):
That's right, twenty six year old Victor Ventura Marcial who
was taken a n ICE custody in Lancaster County. So
first of all, let's talk about the crime. Let's talk
about what got him arrested. So it's it's November twenty
eighth to twenty twenty four. It's a little after one
thirty in the morning, and Lincoln Police receive a nine
to one one call from a woman. She indicates that
she's involved in a domestic disturbance with her significant other.
(04:34):
She's pregnant and she has a small child. When police
get there, they start to learn about this disturbance and
they talk to the victim and they as she explains
that Ventura Marcial was intoxicated agitated. They walk into the
house and it's like it's like a horror movie scene.
The Christmas tree is knocked over, there's blood all over
(04:57):
the living room and the kitchen. There's a win though
that's been knocked out. He actually broke through a window
to escape, and he was not present when the police
showed up. And you know, pretty pretty chaotic scene. You've
got a domestic violence alleged victim there who's very emotional, pregnant,
small children. So all of a sudden, Ventura Marcial, according
(05:18):
to the public reports, he returns and he's visibly intoxicated
and agitated. He's got blood all over his hands and
his head, presumably from breaking out the window and probably
being engaged in some other type of chaotic behavior. And
he was threatening the victim in Spanish. He was threatening
(05:41):
to assault her, and she's very scared. This is in
front of law enforce. Its in front of law enforcement.
So as Lincoln Police Department attempts to separate them, and
you know, in domestic violence training, we try to separate
the victim and the suspect so that they can't threaten them,
we can get a full story from the victim. This
is all typical DV call one oh one. So suddenly
(06:05):
the suspect slams the door shut on the officers. The
officers are outside with the victim. She's holding her baby
or her child at the time, and he starts destroying
things inside the house, slams the door shut. Then he
comes back outside, pushes through the police officers attempting to
(06:25):
get to the victim. They're trying to physically hold him back.
Eventually they had to physically manhandle him to take him
into custody. And the entire time he's threatening her, he's
saying to her in Spanish, and she's relaying this back
to the police. If you leave, I will hurt you.
If you leave, I will hurt you. And so at
(06:45):
that point police had had enough. They booked him that
night for felony assault on a pregnant woman. Once prosecutors
saw the case, they downgraded the charges to a traditional
misdemeanor assault and ultimately, when he showed up to Lancaster
(07:06):
County Court that day to face these charges. You know,
the way I read the case file and the way
it seems to me they knew Ice was there. This
is exactly the type of offender that Ice and Borders
are home and said that they want to remove from
our country people that victimize innocent people. And they took
a quick blea deal for disturbing the peace knowing that
(07:27):
he was going to be taken into Ice custody. That
makes complete sense. So the crazy thing about this is
we don't want to live in a society where you
can victim or witness tamper your way out of being
deported if you've committed a crime. Because if that's the
new rules of engagement, trust me, the cartels will take
full advantage of that.
Speaker 2 (07:48):
Let me be careful here, not to try and put
this guy on trial and convict him on the radio.
That's not what I'm looking to do. Play guilty. You
well to this reduced reduced charge of disturbing piece, okay,
but not to assault on a pregnant woman. It doesn't
(08:09):
You haven't said whether the pregnant woman here is his
according to the story, six month pregnant wife, who, according
to his attorney you know, is has got this guy
in custody and he's the bread winner, and now his
wife is alone, and she's pregnant, and ice is ripping
apart this family and so forth. You haven't said that
the victim in this case who happens to be pregnant
(08:31):
is the aforementioned six month pregnant wife. Let's let's, as
I said, not gonna be here to convict this guy
in the radio, or try and convict him on the radio.
In your experience in law enforcement working with the Omaha
Police Department, now is Douglas County Sheriff. In a domestic
violence typical situation, You've you've got someone who threatens significant
(08:56):
other wife whatever, and then later she doesn't want to press.
This happens a lot, it does.
Speaker 3 (09:01):
It's called victimless prosecution, and it happens a lot. It's
these are difficult cases to prosecute. They're difficult to investigate
because the victimology mindset is that if you are afraid
that your attacker will go to jail or be removed
from you, that you've had your support system removed. And
(09:24):
that's a real concern to many domestic violence victims. It
shouldn't be a barrier to getting them safe. But also
we know that attackers often use that also as leverage
to make the prosecution more difficult. We do see a
lot of plea deals on these type of cases.
Speaker 2 (09:42):
Well, and this is the other thing here. As you
talk about plea deal someone who's we've got the police
record and everything you just provided there on this individual,
why in the world would anyone allow it to be
pled down to disturbing the piece as like he was
playing as music too loud?
Speaker 3 (09:58):
Probably because everybody that he was going to be deported.
They knew that they were going to get a resolution
where he was going to be deported by the way,
similarly to him being removed from the country in twenty
seventeen by border patrol.
Speaker 2 (10:15):
So t wait, tell me about twenty seventeen.
Speaker 3 (10:18):
Twenty seventeen, Victor Ventura marciol is intercepted crossing the Southern
border illegally by border patrol. At that time, they've got
a process called voluntary removal where they will go to
migrants who have crossed the border illegally and say, look,
(10:38):
we can either take you into immediate custody right now,
detain you for a long period of time, go through
the deportation process and deport you involuntarily, or you can
voluntarily deport yourself go home right now. Go home. And
Victor Ventura Marcil he took that option to voluntarily moved
(11:00):
himself from the country. But part of the reason why
border patrol was so concerned about making sure he left
the country he had tattoos up and down his arms,
indicative of the Latin King's gang. And so not only
are they dealing with someone who's coming over the border illegally,
but they also are dealing with an individual who very
(11:23):
likely is involved in a street gang. A terrible combination,
especially given all the cartel challenges that we currently have.
Speaker 2 (11:29):
The argument could be made, why would they let him
just go home then and maybe terrorize people on his
home turf.
Speaker 3 (11:35):
Well, again, it comes back to lack of detention space.
If you remember I told you before, Scott, when I
went down to Del Rio Sector of Texas and I
talked to Chief Gloria Chavez, the chief of Del Rio
Sector Border Patrol. They had a thirty day time period
recently where they had sixty five thousand people coming over
just their section of the Texas border alone, and they
(11:56):
only had thirty five hundred detention beds. And so it
makes sense with that type of volume that if they
can find a way to document somebody and have them
voluntarily return from whence they came, that they would take
that option if they could, especially if the individual isn't
found to be in possession of weapons or drugs.
Speaker 2 (12:15):
So we have someone here who was asked by a
border patrol twenty seventeen to leave, they had concerns about
potential gang affiliation. He voluntarily left at some point, came back,
not real hard to do, and then here this past
December we find him in Lancaster County with nine to
one one calls from a pregnant woman who also has
(12:37):
a small child in the home complaining about threats and
none of that is in this story.
Speaker 3 (12:45):
It's not. And again I found it just by checking
records that are publicly available to anybody that walks into
the courthouse and access as a public computer. And one
thing the story does say is it talks about the
chilling effect that incidents like this can have have on
the public. Well, I see it the opposite way. I
see the lack of context in this scenario. Actually, it
(13:09):
does have a chilling effect because now, if I'm a
crime victim, if I'm a crime witness and I have
questionable documentation status, or let's say I'm someone who's in
this country, maybe I don't have appropriate documentation, but I'm
working hard and I got a turn signal ticket. Okay,
we want those people to go to court. We want
them to go to court either as a victim, a witness,
(13:31):
or someone who got a citation. We don't want people
to end up with warrants for not showing up in court.
That complicates the issue immensely, and it makes it even
harder than to separate the criminal element in that group
as opposed to the folks that are not here to
commit crimes or prey on the innocent.
Speaker 2 (13:50):
So the takeaway that some people had because I saw
this posted on social media, and people are like, you see,
this is Trump sending the Gestapo in and getting people
who are working hard, trying to take care of their family,
and they're just pulling them out now the courtroom on
misdemeanor charges and pulling him out here. I thought, you're
going after murderers and so forth. That's what That's the
(14:13):
impression that people have in this country. You have seen
it from a different perspective. That impression is not accurate.
Speaker 3 (14:21):
Yeah, I think that borders are home in. Just like
he told myself and fifty other sheriffs in DC a
couple of weeks ago, he's going after the worst first.
And when I read this fact pattern with regard to
this gentleman, I was very concerned about the future safety
of this mother and her child, in the unborn child,
and anyone else around him. His behavior is not typical
(14:45):
of someone who wants to be a good citizen or
a good member of our community. And I think Lincoln
is better off having him removed from the County of Lancas.
Speaker 2 (14:54):
That's Douglas County Sheriff Aaron Hanson. I invited you on here.
I at least wanted to check with you on comments
made on kfab's Morning News. I talked with Douglas County
board member Mike Friend about three hours ago about an
immigration and ICE and Douglas County issue that does impact you.
We've talked about this and that's what led to this conversation.
(15:16):
Can I bring it back to the other one here
in just a few minutes after a Fox News.
Speaker 1 (15:20):
Update next Scott Boys.
Speaker 2 (15:22):
A couple of hours ago, I've been filling in for
Gary Sadlemeyer here on news Radio eleven ten KFAB hosting
kfab's Morning News, and talked earlier with Douglas County board
member Mike Frinn about an issue that I've talked about
with Sheriff Aaron Hanson over the past year especially, and
that is Douglas County got on a sanctuary county list
(15:44):
put Omaha on a sanctuary city list because of county
actions where the county Correctional Facilities director reached out to
ICE in twenty twenty one and said, we're not going
to work with you anymore, We're ending our contract. And
I talked to Mike Friend and said, well, what does
that do then? In if ICE needs you to detain
someone to potentially get a dangerous person out of our community.
Speaker 4 (16:05):
And I can tell you that I believe we have.
I said this, I believe we have a good, productive,
working relationship with ICE at Douglas County. We just don't
have a contract to detain hundreds of individuals at this point.
And I'll get to that in a second, But we
have ICE detainers that are being followed and utilized. So,
in other words, device if ICE requests from IM or
(16:26):
excuse me, if Immigration and Customs Reform or Enforcement asks
us to hold a non citizen that has violated a
state or federal crimes, specifically that we're actually holding for
forty eight hours, you know, past the release date, we'll
do that. We'll coordinate with ICE.
Speaker 2 (16:44):
That's Douglas County Commissioner, my friend, Douglas County Sheriff Aaron Hanson.
You and I have looked at I talked with the
pot of Watammee County Sheriff Andy Brown. He said, yes,
send them over here. We'll take all the people, we
got the room, and we'll take all the money from
ICE to detain these individuals. You've said that Douglas County
not having this agreement with ICE is a problem in
(17:05):
our community. Mike Friend says, now, we'll still detain them,
but I would love our Douglas County Board to have
this contract set up. Again, I said, well, do we
need a contract or not? It's confusing. Can you make
some sense out of this?
Speaker 3 (17:19):
Well, yeah, a couple things. So let's look foundationally. So
you know, again, when I was in DC a couple
of weeks ago, I think I between myself and two
other sheriffs, out of the room of fifty sheriffs, we
were the only ones that don't oversee corrections. Nebraska has
a unique state law passed in the eighties that took
corrections away from the larger county sheriffs and moved it
(17:39):
to the county board. And that's fine, that's a policy decision.
We get along really well with our partners on the
County Board. We have a great Department of Corrections. Mike Myers,
in my opinion, is one of the best directors around.
But one thing I know also from that meeting is
ICE is badly in need of the tension space. Only
(18:00):
federal detention space, but contracting with local government, county government
for detention space. Well, Commissioner Friends, as we don't have
the space. Well, I believe you know. I pay pretty
close attention to the of Corrections meetings because the county
board is also the Border Corrections. I know we are
at historic lows at Douglas County right now in terms
(18:22):
of population. That's a good thing. That's in large part
because of Mike Myers being a great director in doing
good work. But I think that also creates an opportunity
for a renewed ICE contract. So for me, from a
public safety perspective, if we have regionally, locally, statewide, more
(18:44):
ICE detention capability, regardless of where it's at, that's good
for public safety because every robber that ICE takes into
custody and puts them into their detention, there's a difference
between a forty eight hour detainer request and actually being
an iced tension. Those are two different things. When they
(19:04):
contract with a correctional facility locally, that is iced tension,
that's above and beyond the detainer process. The detainer is
just enough for ICE to pick them up and take
them in front of a judge.
Speaker 2 (19:18):
You say that we're at historic lows, when all I've heard,
especially from state correctional people, is that we're overflowing we're
stacking people up like Cordwood. I think about it in
terms of, all right, we've got three microphones here in
the kfab studio. I'd like to have five. We have three,
but I've got seven people in here that want to
use a microphone. If we get down to five, that's
(19:40):
historic lows. I still don't have enough microphones. So are
we fudging numbers here?
Speaker 3 (19:46):
It's different areas of government state corrections. The prison is
different than county corrections. State corrections. The prison is where
you go once you have been sentenced for a felony.
That is post your court hearing. It's not pre adjudication
or while you're going through trial.
Speaker 2 (20:04):
Do we have enough room? Do we have enough detention
beds to be able to detain people on the state
level in Douglas County?
Speaker 3 (20:12):
In Douglas County, well, I mean if we're at historic
record lows, I think if they say we have over
twelve hundred capacity in corrections, I think I came if
it's twelve or fourteen hundred, And if we're in the
low nine hundreds in current population, that means you do
have capacity and so.
Speaker 2 (20:29):
We have room. Do we need money in Douglas County
because according to Pottawatamie County Sheriff, you're counterpart over there,
Andy Brown, they're getting tons of money from us to
detain people.
Speaker 3 (20:42):
I just as as elected official, revenue sources are always good.
If we can offset property tax dollars with revenue sources,
whether it's from the state or the FEDS or from grants,
that's always a good thing. And again, you know, I
don't have to manage the jail day to day. I'm
sure they have unique challenges that they deal with. I
(21:04):
don't have enough information to be able to be the decider,
but I definitely think, knowing what I know about, I
don't want to get to a point here locally where
ICE has to slow down arresting known criminals who are
also in the country legally, simply because of a concern
about lack of detention capability. I don't think that's good
(21:25):
for anybody in our community.
Speaker 2 (21:27):
And when I say, you know, getting paid to detain people,
I don't mean just go find someone and arrest them
and we'll figure it out later, because we get paid
when we go catch people. Know, these are people we've
already arrested for a variety of crimes non immigration related,
find out that they're in violation of our nation's laws.
ICE says, yeah, that's someone on a list. We need
(21:47):
to take a look at detain them until we can
get there. Are we doing that in Douglas County right now?
Speaker 3 (21:53):
Then? Yeah? I think you know. I've reached out to
the leadership at local ICE and I have said if
there are any problems with detainers being honored, they just
let me know, because then I can communicate with my
partners in corrections and let them know. But interesting, the
detainer aspect is interesting Scott because essentially it's an administrative
(22:16):
request from the federal government. It's not signed by a judge.
And so you go around the country, conservative sheriffs, Democrat sheriffs,
more left leaning sheriffs, they all kind of agree that
these administrative detainer requests can be problematic because they're not
judge signed. North Carolina just solved this. North Carolina passed
a law pretty quickly actually in the end of last
(22:38):
year where when a sheriff or correctional facility gets an
ICE detainer on a known criminal who's in the country legally,
the sheriff has to take that federal detainer to a
local judge. The local judge looks at it, and if
the sheriff can prove through biometrics fingerprints that the individual
on that detainer is the same person they have in corrections,
then the judge will sign a local court order that says, sureff,
(23:01):
you must hereby hold this individual for forty eight hours
per my hand as a state judge, and essentially does
the same thing that the ice detainer does, but it's
as a better force of law. It's actually signed into
effect by a judge, which is a good thing for
due process. You don't want to hold people and be wrong, right,
because you're still restraining people's liberty. Right.
Speaker 2 (23:22):
Yeah, it's not like, hey, detain that guy for the
next year and a half until we can get to it.
We don't want that. You've been working with immigration Customs enforcement.
Can you hang out for one more segment here?
Speaker 3 (23:32):
All right?
Speaker 2 (23:33):
One more segment with Douglas County Sheriff Aaron Hanson.
Speaker 1 (23:36):
Next Scott Voice News Radio eleven to ten kfab.
Speaker 2 (23:41):
I asked you to stick around for another moment or
two here, Sheriff Hanson, because you've been very active on
social media, not just doing a winter coat drive for
the Sianna Francis House.
Speaker 3 (23:51):
Please donate your coats and boots. You could drop them
off at the LAC one hundred and fifty six to Maple.
Speaker 2 (23:56):
Okay, so you can go right up there. And that's
an incredible compound there that the Sheriff's office has there,
one hundred and fifty six in Maple, right across from Hyave.
Speaker 3 (24:05):
Doors open twenty four to seven three sixty five, right
through the front door. Drop them off in the blue barrels.
Speaker 2 (24:09):
Okay, take another coat with you so you have something
to wear on the way home from dropping and donating
that code of boots. Okay, especially kids stuff. That's the
reality the situation down there. So yeah, homeless another issue
we've talked about a lot. But on immigration, you've also
had some social media posts saying, we just arrested this guy.
We just arrested that guy. And here's an example of
(24:32):
someone who's in our community illegally who we are working
with our federal partners to deal with. Can you go
into more detail about how this relationship is working now,
especially in the last few weeks since Trump has been
in office.
Speaker 3 (24:45):
Yeah, you know, you know, this is one of these
issues that it's easy to do the right thing because
I'm convinced that eighty percent of people in this county
agree with this position. And that is if you are
a guest in this country, if you you are in
this country illegally and you are committing crimes, and you
are victimizing innocent people, if you're putting people's lives at risk,
(25:07):
if you're disrupting small businesses, like in the case of
a Nathaniel Topee Perez, it was victimizing construction small home
builders across western Douglas County and got convicted of felony theft.
If you're like the gentleman that was knocking on court
house windows with a facsimbly firearm and he was a
sex offender failed to register. If we have reason to
(25:28):
believe that you're a guest or in this country illegally,
and we arrest you for a serious crime, you can
rest assured we're going to communicate that to Immigrations and
Customs enforcement because we want you out of our community.
And it's not only what we want, that's what the
community wants. Whether you live in West Omaha, you live
in a migrant community, no one asks tolerance for the
criminal element, especially when they victimized the innocent.
Speaker 2 (25:50):
So you got someone waving a firearm around or a
fact simbile firearm, and he's got previous records and so forth,
and he's in this country illegally. If you had dealt
with this that youa two months ago before Trump was
in office and reached out to Immigration Customs Enforcement then
versus now, is there any difference.
Speaker 3 (26:09):
We did try to navigate those waters over the least
over the last two years, and we were consistently told no,
it was nothing they could do. And you know, talking
to the local folks, I don't care if it's FBIDA
atf ICE, you know, postal inspectors. They're all fantastic folks
in the local level, but they're often limited by things
(26:31):
that they can and can't do from DC. And so
the message was very clear prior to January twentieth that
getting an individual who had committed a significant crime detained
and deported was going to be a real challenge. Now
it's not a problem, and I think it's it's ultimately
going to make our community safer. And I want to
(26:53):
remind you a lot of times, the victims, these suspects,
they're victimizing folks in their own community. Okay, you're talking
innocent women, children, kids being sex trafficked, women being sex trafficked, robberies,
cartel activity putting an undue influence on a neighborhood. I
want to remind everybody we have what's called a U
(27:15):
VISA program. If you are a witness or a victim
of a crime, of a serious crime at the hands
of whether someone's here legally or otherwise, but your immigration
status is questionable, you can come to the police department
of the sheriff's office and you can have your lawyer
apply for what's called a U VISA, and the police
(27:37):
executive either city or county can give a recommendation about
whether you should be extended to U VISA from the
federal government in order to legally stay in the country
because you cooperated with law enforcement, because you're an innocent victim.
Any way you look at it, the focus is on
the criminal element. We want to make life as easy
as we can for people that are innocent and not
(27:57):
breaking the law.
Speaker 2 (27:58):
I'm so glad I held you over for a few
extra minutes.
Speaker 3 (28:00):
Very illuminating.
Speaker 2 (28:01):
Douglas Kenny, Sheriff Aaron Hanson, What does the weather do
with your job?
Speaker 4 (28:05):
Now?
Speaker 3 (28:05):
The rest of the day, Well, we're checking to see
how many accident calls are holding. I know that we're
on special accident response mode right now. So if you
are in an accident and there's no injuries and the
vehicle's movable, please exchange information, move on. We'll do the
report later, but please folks drive carefully. I don't think
(28:25):
the road conditions are going to improve throughout the day.
Speaker 1 (28:28):
Scott Boys Mornings nine to eleven, Our News Radio eleven
ten KFAB
Scott Vorie.
Speaker 2 (00:01):
We also have here, fresh off the Roads. Douglas County
Sheriff Aaron Hanson joins us in the studio. Sheriff, always
a pleasure, Thanks for coming in.
Speaker 3 (00:10):
Thanks, Yeah, it was roads aren't too bad, Yeah, little
slippery take it, take it. Stay home with your kids,
Kiah if you can.
Speaker 2 (00:18):
Absolutely, But it's funny. People later today, as the sun
comes out and the snow stops, are like, well, I
want to go out and do something. Then they'll be
mad if people aren't there working so they can go
do something.
Speaker 3 (00:29):
Go make a snow angel or a snowman. Yeah, not exactly.
Speaker 2 (00:33):
It's not really snowman snow and it's not going to
be warm enough to have the kids out there playing
for too long.
Speaker 3 (00:39):
We'll go, We'll go to try to make a snowman.
Speaker 2 (00:41):
In the album You're terrible, Sheriff, you're telling kids go
out there and get frostbite and all the rest of
the stuff. Now, I I'd reached out to you this morning.
We talked with Douglas County Commissioner Mike Friend about an
issue that you and I have discussed a few times
here over the past year. And we'll get to that
in a second, But you also heard me make a
(01:01):
snide comment on the radio, because apparently in several hours
of radios you managed to find a snide comment that
I'd made. And it has to do with the story
here in the Lincoln Journal Star and the Omaha World Herald.
The headline is a Lincoln man went to court on
a misdemeanor charge. He wound up in ICE custody, And
(01:21):
the main goal of the story is to start saying, well,
if ICE shows up at the courthouse and detains people
or in this country illegally on a misdemeanor charge, then
people aren't going to show up for court. I said, really,
are a lot of people, whether it's misdemeanor or felony charges,
who are in this country illegally. Are they showing up
for court in the first place? And then there was
(01:43):
a comment about, you know, they're taking this guy away,
but his wife, who's six months pregnant, is on her
own with their child and all this. And I see
that there's assault in battery charges and threats and so
forth with this guy. And I said, it's interesting that
we haven't heard from ICE, our law enforcement on this story.
The World HEROLD talked to this guy's lawyer and published
(02:06):
all of his stuff, not the World Herald, the Journal Star,
and you're right and well in the World Harold as well.
They're one publication essentially. But you also saw this story.
Speaker 3 (02:17):
I did, and you know I was I was curious
too when I saw the headline, when I read the story,
and I thought, you know, this doesn't seem consistent with
the message that I received a couple of weeks ago
from from Tom Homan. Borders are Tom Homan and DC
And in fact it's not. This gentleman is not the
poster child for heavy handed ice enforcement. And in my opinion,
(02:43):
I don't know this reporter from the Lincoln Journal Star.
I mean, I think we got great reporters here in
Omaha with the World Herald. But what I know now,
obviously the story is lacking in very crucial context and content.
Speaker 2 (02:55):
Well, I'll I will give grace on this front. Knowing
what I see in journalism these days. You might have
some people have or well intentioned, or maybe they have
an ax to grind or whatever, But a lot of
times in journalism now you've got people who are they're
not long in the tooth in the business, and they
don't know any better, Like maybe I should reach out
(03:16):
to the other side and get that they hear a
compelling story on one side and that's it.
Speaker 3 (03:21):
Or maybe you should check out the public records on
the case. Well you have, oh I have, yeah, have
them here with me. So what we have here is,
according to this guy's attorney, he is a misdemeanor disturbing
the peace charge is what has been reduced by the prosecutor.
And then two agents show up there and say we're
taking him out. So it's like a misdemeanor charge. We
(03:44):
don't even have a conviction, and now ICE is taking
this guy away. And again I'm looking at this going
there's got to be more to the story. So Sheriff Hansen,
what is the more to the story? There's two very
important parts of the story. Number one is the crime itself,
and then number two is mister Ventura Marcil's interactions with
Border patrol in twenty seventeen.
Speaker 2 (04:05):
So, first of all, this is the guy who is
you know, the one who's now in ICE custody.
Speaker 3 (04:10):
That's right, twenty six year old Victor Ventura Marcial who
was taken a n ICE custody in Lancaster County. So
first of all, let's talk about the crime. Let's talk
about what got him arrested. So it's it's November twenty
eighth to twenty twenty four. It's a little after one
thirty in the morning, and Lincoln Police receive a nine
to one one call from a woman. She indicates that
she's involved in a domestic disturbance with her significant other.
(04:34):
She's pregnant and she has a small child. When police
get there, they start to learn about this disturbance and
they talk to the victim and they as she explains
that Ventura Marcial was intoxicated agitated. They walk into the
house and it's like it's like a horror movie scene.
The Christmas tree is knocked over, there's blood all over
(04:57):
the living room and the kitchen. There's a win though
that's been knocked out. He actually broke through a window
to escape, and he was not present when the police
showed up. And you know, pretty pretty chaotic scene. You've
got a domestic violence alleged victim there who's very emotional, pregnant,
small children. So all of a sudden, Ventura Marcial, according
(05:18):
to the public reports, he returns and he's visibly intoxicated
and agitated. He's got blood all over his hands and
his head, presumably from breaking out the window and probably
being engaged in some other type of chaotic behavior. And
he was threatening the victim in Spanish. He was threatening
(05:41):
to assault her, and she's very scared. This is in
front of law enforce. Its in front of law enforcement.
So as Lincoln Police Department attempts to separate them, and
you know, in domestic violence training, we try to separate
the victim and the suspect so that they can't threaten them,
we can get a full story from the victim. This
is all typical DV call one oh one. So suddenly
(06:05):
the suspect slams the door shut on the officers. The
officers are outside with the victim. She's holding her baby
or her child at the time, and he starts destroying
things inside the house, slams the door shut. Then he
comes back outside, pushes through the police officers attempting to
(06:25):
get to the victim. They're trying to physically hold him back.
Eventually they had to physically manhandle him to take him
into custody. And the entire time he's threatening her, he's
saying to her in Spanish, and she's relaying this back
to the police. If you leave, I will hurt you.
If you leave, I will hurt you. And so at
(06:45):
that point police had had enough. They booked him that
night for felony assault on a pregnant woman. Once prosecutors
saw the case, they downgraded the charges to a traditional
misdemeanor assault and ultimately, when he showed up to Lancaster
(07:06):
County Court that day to face these charges. You know,
the way I read the case file and the way
it seems to me they knew Ice was there. This
is exactly the type of offender that Ice and Borders
are home and said that they want to remove from
our country people that victimize innocent people. And they took
a quick blea deal for disturbing the peace knowing that
(07:27):
he was going to be taken into Ice custody. That
makes complete sense. So the crazy thing about this is
we don't want to live in a society where you
can victim or witness tamper your way out of being
deported if you've committed a crime. Because if that's the
new rules of engagement, trust me, the cartels will take
full advantage of that.
Speaker 2 (07:48):
Let me be careful here, not to try and put
this guy on trial and convict him on the radio.
That's not what I'm looking to do. Play guilty. You
well to this reduced reduced charge of disturbing piece, okay,
but not to assault on a pregnant woman. It doesn't
(08:09):
You haven't said whether the pregnant woman here is his
according to the story, six month pregnant wife, who, according
to his attorney you know, is has got this guy
in custody and he's the bread winner, and now his
wife is alone, and she's pregnant, and ice is ripping
apart this family and so forth. You haven't said that
the victim in this case who happens to be pregnant
(08:31):
is the aforementioned six month pregnant wife. Let's let's, as
I said, not gonna be here to convict this guy
in the radio, or try and convict him on the radio.
In your experience in law enforcement working with the Omaha
Police Department, now is Douglas County Sheriff. In a domestic
violence typical situation, You've you've got someone who threatens significant
(08:56):
other wife whatever, and then later she doesn't want to press.
This happens a lot, it does.
Speaker 3 (09:01):
It's called victimless prosecution, and it happens a lot. It's
these are difficult cases to prosecute. They're difficult to investigate
because the victimology mindset is that if you are afraid
that your attacker will go to jail or be removed
from you, that you've had your support system removed. And
(09:24):
that's a real concern to many domestic violence victims. It
shouldn't be a barrier to getting them safe. But also
we know that attackers often use that also as leverage
to make the prosecution more difficult. We do see a
lot of plea deals on these type of cases.
Speaker 2 (09:42):
Well, and this is the other thing here. As you
talk about plea deal someone who's we've got the police
record and everything you just provided there on this individual,
why in the world would anyone allow it to be
pled down to disturbing the piece as like he was
playing as music too loud?
Speaker 3 (09:58):
Probably because everybody that he was going to be deported.
They knew that they were going to get a resolution
where he was going to be deported by the way,
similarly to him being removed from the country in twenty
seventeen by border patrol.
Speaker 2 (10:15):
So t wait, tell me about twenty seventeen.
Speaker 3 (10:18):
Twenty seventeen, Victor Ventura marciol is intercepted crossing the Southern
border illegally by border patrol. At that time, they've got
a process called voluntary removal where they will go to
migrants who have crossed the border illegally and say, look,
(10:38):
we can either take you into immediate custody right now,
detain you for a long period of time, go through
the deportation process and deport you involuntarily, or you can
voluntarily deport yourself go home right now. Go home. And
Victor Ventura Marcil he took that option to voluntarily moved
(11:00):
himself from the country. But part of the reason why
border patrol was so concerned about making sure he left
the country he had tattoos up and down his arms,
indicative of the Latin King's gang. And so not only
are they dealing with someone who's coming over the border illegally,
but they also are dealing with an individual who very
(11:23):
likely is involved in a street gang. A terrible combination,
especially given all the cartel challenges that we currently have.
Speaker 2 (11:29):
The argument could be made, why would they let him
just go home then and maybe terrorize people on his
home turf.
Speaker 3 (11:35):
Well, again, it comes back to lack of detention space.
If you remember I told you before, Scott, when I
went down to Del Rio Sector of Texas and I
talked to Chief Gloria Chavez, the chief of Del Rio
Sector Border Patrol. They had a thirty day time period
recently where they had sixty five thousand people coming over
just their section of the Texas border alone, and they
(11:56):
only had thirty five hundred detention beds. And so it
makes sense with that type of volume that if they
can find a way to document somebody and have them
voluntarily return from whence they came, that they would take
that option if they could, especially if the individual isn't
found to be in possession of weapons or drugs.
Speaker 2 (12:15):
So we have someone here who was asked by a
border patrol twenty seventeen to leave, they had concerns about
potential gang affiliation. He voluntarily left at some point, came back,
not real hard to do, and then here this past
December we find him in Lancaster County with nine to
one one calls from a pregnant woman who also has
(12:37):
a small child in the home complaining about threats and
none of that is in this story.
Speaker 3 (12:45):
It's not. And again I found it just by checking
records that are publicly available to anybody that walks into
the courthouse and access as a public computer. And one
thing the story does say is it talks about the
chilling effect that incidents like this can have have on
the public. Well, I see it the opposite way. I
see the lack of context in this scenario. Actually, it
(13:09):
does have a chilling effect because now, if I'm a
crime victim, if I'm a crime witness and I have
questionable documentation status, or let's say I'm someone who's in
this country, maybe I don't have appropriate documentation, but I'm
working hard and I got a turn signal ticket. Okay,
we want those people to go to court. We want
them to go to court either as a victim, a witness,
(13:31):
or someone who got a citation. We don't want people
to end up with warrants for not showing up in court.
That complicates the issue immensely, and it makes it even
harder than to separate the criminal element in that group
as opposed to the folks that are not here to
commit crimes or prey on the innocent.
Speaker 2 (13:50):
So the takeaway that some people had because I saw
this posted on social media, and people are like, you see,
this is Trump sending the Gestapo in and getting people
who are working hard, trying to take care of their family,
and they're just pulling them out now the courtroom on
misdemeanor charges and pulling him out here. I thought, you're
going after murderers and so forth. That's what That's the
(14:13):
impression that people have in this country. You have seen
it from a different perspective. That impression is not accurate.
Speaker 3 (14:21):
Yeah, I think that borders are home in. Just like
he told myself and fifty other sheriffs in DC a
couple of weeks ago, he's going after the worst first.
And when I read this fact pattern with regard to
this gentleman, I was very concerned about the future safety
of this mother and her child, in the unborn child,
and anyone else around him. His behavior is not typical
(14:45):
of someone who wants to be a good citizen or
a good member of our community. And I think Lincoln
is better off having him removed from the County of Lancas.
Speaker 2 (14:54):
That's Douglas County Sheriff Aaron Hanson. I invited you on here.
I at least wanted to check with you on comments
made on kfab's Morning News. I talked with Douglas County
board member Mike Friend about three hours ago about an
immigration and ICE and Douglas County issue that does impact you.
We've talked about this and that's what led to this conversation.
(15:16):
Can I bring it back to the other one here
in just a few minutes after a Fox News.
Speaker 1 (15:20):
Update next Scott Boys.
Speaker 2 (15:22):
A couple of hours ago, I've been filling in for
Gary Sadlemeyer here on news Radio eleven ten KFAB hosting
kfab's Morning News, and talked earlier with Douglas County board
member Mike Frinn about an issue that I've talked about
with Sheriff Aaron Hanson over the past year especially, and
that is Douglas County got on a sanctuary county list
(15:44):
put Omaha on a sanctuary city list because of county
actions where the county Correctional Facilities director reached out to
ICE in twenty twenty one and said, we're not going
to work with you anymore, We're ending our contract. And
I talked to Mike Friend and said, well, what does
that do then? In if ICE needs you to detain
someone to potentially get a dangerous person out of our community.
Speaker 4 (16:05):
And I can tell you that I believe we have.
I said this, I believe we have a good, productive,
working relationship with ICE at Douglas County. We just don't
have a contract to detain hundreds of individuals at this point.
And I'll get to that in a second, But we
have ICE detainers that are being followed and utilized. So,
in other words, device if ICE requests from IM or
(16:26):
excuse me, if Immigration and Customs Reform or Enforcement asks
us to hold a non citizen that has violated a
state or federal crimes, specifically that we're actually holding for
forty eight hours, you know, past the release date, we'll
do that. We'll coordinate with ICE.
Speaker 2 (16:44):
That's Douglas County Commissioner, my friend, Douglas County Sheriff Aaron Hanson.
You and I have looked at I talked with the
pot of Watammee County Sheriff Andy Brown. He said, yes,
send them over here. We'll take all the people, we
got the room, and we'll take all the money from
ICE to detain these individuals. You've said that Douglas County
not having this agreement with ICE is a problem in
(17:05):
our community. Mike Friend says, now, we'll still detain them,
but I would love our Douglas County Board to have
this contract set up. Again, I said, well, do we
need a contract or not? It's confusing. Can you make
some sense out of this?
Speaker 3 (17:19):
Well, yeah, a couple things. So let's look foundationally. So
you know, again, when I was in DC a couple
of weeks ago, I think I between myself and two
other sheriffs, out of the room of fifty sheriffs, we
were the only ones that don't oversee corrections. Nebraska has
a unique state law passed in the eighties that took
corrections away from the larger county sheriffs and moved it
(17:39):
to the county board. And that's fine, that's a policy decision.
We get along really well with our partners on the
County Board. We have a great Department of Corrections. Mike Myers,
in my opinion, is one of the best directors around.
But one thing I know also from that meeting is
ICE is badly in need of the tension space. Only
(18:00):
federal detention space, but contracting with local government, county government
for detention space. Well, Commissioner Friends, as we don't have
the space. Well, I believe you know. I pay pretty
close attention to the of Corrections meetings because the county
board is also the Border Corrections. I know we are
at historic lows at Douglas County right now in terms
(18:22):
of population. That's a good thing. That's in large part
because of Mike Myers being a great director in doing
good work. But I think that also creates an opportunity
for a renewed ICE contract. So for me, from a
public safety perspective, if we have regionally, locally, statewide, more
(18:44):
ICE detention capability, regardless of where it's at, that's good
for public safety because every robber that ICE takes into
custody and puts them into their detention, there's a difference
between a forty eight hour detainer request and actually being
an iced tension. Those are two different things. When they
(19:04):
contract with a correctional facility locally, that is iced tension,
that's above and beyond the detainer process. The detainer is
just enough for ICE to pick them up and take
them in front of a judge.
Speaker 2 (19:18):
You say that we're at historic lows, when all I've heard,
especially from state correctional people, is that we're overflowing we're
stacking people up like Cordwood. I think about it in
terms of, all right, we've got three microphones here in
the kfab studio. I'd like to have five. We have three,
but I've got seven people in here that want to
use a microphone. If we get down to five, that's
(19:40):
historic lows. I still don't have enough microphones. So are
we fudging numbers here?
Speaker 3 (19:46):
It's different areas of government state corrections. The prison is
different than county corrections. State corrections. The prison is where
you go once you have been sentenced for a felony.
That is post your court hearing. It's not pre adjudication
or while you're going through trial.
Speaker 2 (20:04):
Do we have enough room? Do we have enough detention
beds to be able to detain people on the state
level in Douglas County?
Speaker 3 (20:12):
In Douglas County, well, I mean if we're at historic
record lows, I think if they say we have over
twelve hundred capacity in corrections, I think I came if
it's twelve or fourteen hundred, And if we're in the
low nine hundreds in current population, that means you do
have capacity and so.
Speaker 2 (20:29):
We have room. Do we need money in Douglas County
because according to Pottawatamie County Sheriff, you're counterpart over there,
Andy Brown, they're getting tons of money from us to
detain people.
Speaker 3 (20:42):
I just as as elected official, revenue sources are always good.
If we can offset property tax dollars with revenue sources,
whether it's from the state or the FEDS or from grants,
that's always a good thing. And again, you know, I
don't have to manage the jail day to day. I'm
sure they have unique challenges that they deal with. I
(21:04):
don't have enough information to be able to be the decider,
but I definitely think, knowing what I know about, I
don't want to get to a point here locally where
ICE has to slow down arresting known criminals who are
also in the country legally, simply because of a concern
about lack of detention capability. I don't think that's good
(21:25):
for anybody in our community.
Speaker 2 (21:27):
And when I say, you know, getting paid to detain people,
I don't mean just go find someone and arrest them
and we'll figure it out later, because we get paid
when we go catch people. Know, these are people we've
already arrested for a variety of crimes non immigration related,
find out that they're in violation of our nation's laws.
ICE says, yeah, that's someone on a list. We need
(21:47):
to take a look at detain them until we can
get there. Are we doing that in Douglas County right now?
Speaker 3 (21:53):
Then? Yeah? I think you know. I've reached out to
the leadership at local ICE and I have said if
there are any problems with detainers being honored, they just
let me know, because then I can communicate with my
partners in corrections and let them know. But interesting, the
detainer aspect is interesting Scott because essentially it's an administrative
(22:16):
request from the federal government. It's not signed by a judge.
And so you go around the country, conservative sheriffs, Democrat sheriffs,
more left leaning sheriffs, they all kind of agree that
these administrative detainer requests can be problematic because they're not
judge signed. North Carolina just solved this. North Carolina passed
a law pretty quickly actually in the end of last
(22:38):
year where when a sheriff or correctional facility gets an
ICE detainer on a known criminal who's in the country legally,
the sheriff has to take that federal detainer to a
local judge. The local judge looks at it, and if
the sheriff can prove through biometrics fingerprints that the individual
on that detainer is the same person they have in corrections,
then the judge will sign a local court order that says, sureff,
(23:01):
you must hereby hold this individual for forty eight hours
per my hand as a state judge, and essentially does
the same thing that the ice detainer does, but it's
as a better force of law. It's actually signed into
effect by a judge, which is a good thing for
due process. You don't want to hold people and be wrong, right,
because you're still restraining people's liberty. Right.
Speaker 2 (23:22):
Yeah, it's not like, hey, detain that guy for the
next year and a half until we can get to it.
We don't want that. You've been working with immigration Customs enforcement.
Can you hang out for one more segment here?
Speaker 3 (23:32):
All right?
Speaker 2 (23:33):
One more segment with Douglas County Sheriff Aaron Hanson.
Speaker 1 (23:36):
Next Scott Voice News Radio eleven to ten kfab.
Speaker 2 (23:41):
I asked you to stick around for another moment or
two here, Sheriff Hanson, because you've been very active on
social media, not just doing a winter coat drive for
the Sianna Francis House.
Speaker 3 (23:51):
Please donate your coats and boots. You could drop them
off at the LAC one hundred and fifty six to Maple.
Speaker 2 (23:56):
Okay, so you can go right up there. And that's
an incredible compound there that the Sheriff's office has there,
one hundred and fifty six in Maple, right across from Hyave.
Speaker 3 (24:05):
Doors open twenty four to seven three sixty five, right
through the front door. Drop them off in the blue barrels.
Speaker 2 (24:09):
Okay, take another coat with you so you have something
to wear on the way home from dropping and donating
that code of boots. Okay, especially kids stuff. That's the
reality the situation down there. So yeah, homeless another issue
we've talked about a lot. But on immigration, you've also
had some social media posts saying, we just arrested this guy.
We just arrested that guy. And here's an example of
(24:32):
someone who's in our community illegally who we are working
with our federal partners to deal with. Can you go
into more detail about how this relationship is working now,
especially in the last few weeks since Trump has been
in office.
Speaker 3 (24:45):
Yeah, you know, you know, this is one of these
issues that it's easy to do the right thing because
I'm convinced that eighty percent of people in this county
agree with this position. And that is if you are
a guest in this country, if you you are in
this country illegally and you are committing crimes, and you
are victimizing innocent people, if you're putting people's lives at risk,
(25:07):
if you're disrupting small businesses, like in the case of
a Nathaniel Topee Perez, it was victimizing construction small home
builders across western Douglas County and got convicted of felony theft.
If you're like the gentleman that was knocking on court
house windows with a facsimbly firearm and he was a
sex offender failed to register. If we have reason to
(25:28):
believe that you're a guest or in this country illegally,
and we arrest you for a serious crime, you can
rest assured we're going to communicate that to Immigrations and
Customs enforcement because we want you out of our community.
And it's not only what we want, that's what the
community wants. Whether you live in West Omaha, you live
in a migrant community, no one asks tolerance for the
criminal element, especially when they victimized the innocent.
Speaker 2 (25:50):
So you got someone waving a firearm around or a
fact simbile firearm, and he's got previous records and so forth,
and he's in this country illegally. If you had dealt
with this that youa two months ago before Trump was
in office and reached out to Immigration Customs Enforcement then
versus now, is there any difference.
Speaker 3 (26:09):
We did try to navigate those waters over the least
over the last two years, and we were consistently told no,
it was nothing they could do. And you know, talking
to the local folks, I don't care if it's FBIDA
atf ICE, you know, postal inspectors. They're all fantastic folks
in the local level, but they're often limited by things
(26:31):
that they can and can't do from DC. And so
the message was very clear prior to January twentieth that
getting an individual who had committed a significant crime detained
and deported was going to be a real challenge. Now
it's not a problem, and I think it's it's ultimately
going to make our community safer. And I want to
(26:53):
remind you a lot of times, the victims, these suspects,
they're victimizing folks in their own community. Okay, you're talking
innocent women, children, kids being sex trafficked, women being sex trafficked, robberies,
cartel activity putting an undue influence on a neighborhood. I
want to remind everybody we have what's called a U
(27:15):
VISA program. If you are a witness or a victim
of a crime, of a serious crime at the hands
of whether someone's here legally or otherwise, but your immigration
status is questionable, you can come to the police department
of the sheriff's office and you can have your lawyer
apply for what's called a U VISA, and the police
(27:37):
executive either city or county can give a recommendation about
whether you should be extended to U VISA from the
federal government in order to legally stay in the country
because you cooperated with law enforcement, because you're an innocent victim.
Any way you look at it, the focus is on
the criminal element. We want to make life as easy
as we can for people that are innocent and not
(27:57):
breaking the law.
Speaker 2 (27:58):
I'm so glad I held you over for a few
extra minutes.
Speaker 3 (28:00):
Very illuminating.
Speaker 2 (28:01):
Douglas Kenny, Sheriff Aaron Hanson, What does the weather do
with your job?
Speaker 4 (28:05):
Now?
Speaker 3 (28:05):
The rest of the day, Well, we're checking to see
how many accident calls are holding. I know that we're
on special accident response mode right now. So if you
are in an accident and there's no injuries and the
vehicle's movable, please exchange information, move on. We'll do the
report later, but please folks drive carefully. I don't think
(28:25):
the road conditions are going to improve throughout the day.
Speaker 1 (28:28):
Scott Boys Mornings nine to eleven, Our News Radio eleven
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