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Aug 5, 2016 1:21 PMPublication: The Southampton Press

UPDATE: DA Says Evidence Insufficient To Connect Man Arrested For Southampton Break-In And Sexual Assault With May Stabbing

Marvin Siciliano-Nunez was arraigned in Southampton Village Justice Court on Saturday afternoon and ordered held on $2 million bail. MICHAEL WRIGHT
Aug 8, 2016 4:59 PM

UPDATE: Monday, August 8, 1 p.m.

The Suffolk County district attorney’s office says it has yet to compile sufficient evidence to bring a felony indictment against Marvin Siciliano-Nunez in relation to a stabbing incident at CB’s bar in Hampton Bays in May—and that is why he was released from custody.

Mr. Siciliano-Nunez was released without bail on May 26 after the DA’s office failed to obtain a grand jury indictment, or provide the court with a “true bill” saying an indictment was coming. On Friday, he was arrested in Southampton Village and accused of breaking into a Little Plains Road home and sexually assaulting a 19-year-old woman. He is being held at Suffolk County Jail in Riverside after failing to post $2 million cash bail or a $4 million bond.

A spokesman for District Attorney Thomas Spota’s office said on Monday that investigators and attorneys handling the stabbing case have found no forensic evidence linking Mr. Siciliano-Nunez to the stabbing at CB’s, and no witnesses inside or outside the bar have fingered him as having participated in the May 21 attack, which took place in a parking lot outside the bar.

Mr. Siciliano-Nunez was arrested with three other young men in May after Southampton Town Police pulled over their car on Route 104 a couple of miles from the site of the stabbing, which left two men seriously injured. Witnesses described the car the assailants had left the scene in, and police said that at the time of the traffic stop, some of the occupants of the car had blood on them.

After being held on $250,000 bail for five days, three of the four men were released on May 26 without bail. State law requires that a suspect must be released on his own recognizance within five days of arrest if no felony indictment is brought against them, or a “true bill” is provided to the court saying an indictment is imminent.

None of the four men has been indicted by the Suffolk County DA’s office as of yet. One of the men, Nelvin Ramos-Andrades, was turned over to Immigration and Customs Enforcement officials.

Police have never said whether they recovered the weapon or weapons used in the stabbing, though they described the knife used as a large machete-type blade based on the wounds on the victims and eyewitness accounts.

Police say that Mr. Siciliano-Nunez, 20, was taken by ambulance to Southampton Hospital on Thursday night to be treated for excessive intoxication. He was released shortly before 7 a.m. on Friday morning. After leaving the hospital, police say Mr. Siciliano-Nunez burglarized a nearby home and, after discovering a young woman asleep in one of the bedrooms, threatened her with a baseball bat and forced sexual contact. The woman apparently broke free and fled. Workers at a nearby property called police after seeing her running naked from the house Mr. Siciliano-Nunez in pursuit.

He was arrested a short time later on a nearby street.



UPDATE: Monday, August 8, 9:50 a.m.

On Monday morning, Southampton Town Justice Andrea Schiavoni said she did not oversee the May 26 hearing where a suspect in a sexual assault last week was released without bail—a fact confirmed by Renee Brathwaite, the chief clerk of the Town Justice Court.

She also pointed out that the release, which was ordered by Town Justice Deborah Kooperstein, was mandated by New York Criminal Procedure Law. The Suffolk County district attorney’s office had failed to bring an indictment, or to provide a “true bill” saying an indictment was coming, within the five days mandated by law. As a result, that portion of the code says that “the local criminal court must release him on his own recognizance.” That was the case with the three defendants—including 20-year-old Marvin Siciliano-Nunez—Justice Schiavoni said.

UPDATE: Sunday, August 7, 11 a.m.

The 20-year-old Hampton Bays man who has been charged with sexual assault and burglary after police said he broke into a house in Southampton Village and forced sexual contact on a 19-year-old woman, had been released from jail without bail in May after being charged with felony assault following a stabbing outside a bar.

At his arraignment Saturday on the four felony charges related to the Southampton break-in, Marvin Siciliano-Nunez’s attorney, Carl Irace, noted that he had been released into his family’s custody on his own recognizance following the May stabbing incident.

After being held in jail for five days on the felony gang assault charges, Town Justice Andrea Schiavoni ordered three of the four men arrested in that incident released without bail [SEE UPDATE ABOVE; Justice Schiavoni did not order the release—Ed.], while the fourth man, Nelvin Ramos-Andrades, 18, of Hampton Bays, was turned over to immigration officials.

UPDATE: Saturday, August 6, 5 p.m.

The man charged with sexual assault and burglary after police said he broke into a Southampton Village home Friday morning was ordered held on $2 million cash bail.

Marvin Siciliano-Nunez is charged with four felonies, including sexual assault after he subjected a 19-year-old women he found in the bed of her Little Plains Road house to “unwanted sexual contact,” according to authorities. The complaint filed by the Suffolk County district attorney’s office said that Mr. Siciliano-Nunez threatened the woman with a baseball bat and attempted to force her to perform oral sex on him.

Southampton Village Justice Barbara Wilson on Saturday afternoon ordered him remanded to the Suffolk County Jail in Riverside on $2 million cash bail or $4 million bond and if someone is to come forward with enough money to post the bail there is to be a hearing before the judge on the source of the money.

Police have said they believe Mr. Siciliano-Nunez, who also has pending felony charges against him connected to a stabbing outside CB’s bar in Hampton Bays in May, is connected to the infamous MS-13 gang.

His attorney, Carl Irace, told the judge on Saturday that his client denies being in the gang and has no tattoos, scarring or other markings typical of initiated members of gangs like MS-13.

Mr. Siciliano-Nunez told the court he thought his family members could come up with about $2,500 bail for him.

Judge Wilson ordered him to return to court on Tuesday, August 9.

UPDATE: Saturday, August 6, 11 a.m.

The man charged with burglary and sexual abuse after he broke into a Southampton Village home Friday morning had just been released from Southampton Hospital, only a block from the house where he attempted to assault a 19-year-old woman in her bed, according to authorities.

Marvin Siciliano-Nunez had been brought to the hospital by ambulance from the site of the Hampton Bays Fire Department’s carnival on Thursday night to be treated for over-intoxication, village police said on Saturday.

He was released by the hospital shortly before 7 a.m. Police say that shortly thereafter he broke into a back cottage on a Little Plains Road property, about one block away, where he stole jewelry and other items. He then entered the main house and encountered the young woman, who was alone in the house, asleep in one of the bedrooms, police said.

Southampton Village Police Detective Sergeant Herman Lamison said hospital employees would have had no way to know the man’s recent violent criminal history when he was brought to them or when they released him.

The detective said that Mr. Siciliano-Nunez’s suspected connection to the infamous MS-13 gang, which is composed mainly of immigrants from El Salvador, was reported to his department by other police departments. He said there is no expectation that national gangs are establishing locally but that individual transient members do find their way to the area on occasion, in a variety of ways.

“With the hospital here, especially in the summertime, we see a lot of characters come through here,” Detective Sgt. Lamison, one of the village force’s most veteran officers, said. “We typically don’t see much exposure to this kind of thing. That’s why people come here.”

The incident on Friday morning was reported by workers at a neighboring property who saw the young woman, who has not been identified by police, flee the house naked with Mr. Siciliano-Nunez in pursuit. Responding officers found him walking on the side of the road a few blocks away shortly thereafter and, after a foot chase, arrested him.

He is to be arraigned on Saturday afternoon in Southampton Village Justice Court.

UPDATE: Friday, August 5, 6:30 p.m.

A Hampton Bays man with suspected gang ties was arrested by Southampton Village Police on Friday morning a short distance from the scene of the reported home invasion.

The man, 20-year-old Marvin Siciliano-Nunez, was also one of four men arrested in May in connection with the assault and stabbing of two men outside a bar in Hampton Bays.

Police said they received a call at approximately 8:05 a.m. of a possible sexual assault at a residence on Little Plains Road. When officers arrived, they spotted Mr. Siciliano-Nunez near the scene, and as they approached Mr. Siciliano-Nunez, he took off running, leading the officers on a foot pursuit, authorities said. Shortly thereafter, the officers were able to apprehend the suspect.

According to police, Mr. Siciliano-Nunez had entered multiple residences on a property on Little Plains Road, taking jewelry, a skateboard and a cellphone. He also entered the main house, where he encountered a 19-year-old female resident sleeping in a bedroom. Police said Mr. Siciliano-Nunez threatened to do bodily harm if she did not comply with his demands.

Police said the victim was taken to Peconic Bay Medical Center where she received medical treatment.

Mr. Siciliano-Nunez was charged with burglary in the first degree, burglary in the second degree, sexual abuse in the first degree and criminal sex act in the first degree, all felonies. He was also charged with criminal obstruction of breathing or blood circulation, a misdemeanor.

Mr. Siciliano-Nunez was taken to Southampton Village Justice Court and was scheduled to be arraigned on Saturday morning.

Police said Mr. Siciliano-Nunez was charged with felony gang assault in the first degree after the May attack, outside CB’s bar, by the Southampton Town Police. The case is still pending. He is also believed, police said, to have ties to the Salvadoran gang MS-13.

ORIGINAL STORY

A woman who lives on Little Plains Road in Southampton was seen running out of her house naked while being chased by a man with a baseball bat, on Friday morning, following a home invasion, according to a witness and police.

The incident took place at a residence between Meeting House Lane and Herrick Road, where Southampton Village Police blocked off Little Plains Road to all traffic.

Police declined to offer many details about the crime, but did confirm that a home invasion had occurred and that it was an ongoing investigation. Police said they would make a statement sometime Friday.

One witness, who was working at a construction site at the corner of Little Plains Road and Herrick Road, said he saw the woman come out of the house naked, and a man was chasing her with a baseball bat. Police told him it appeared that the man had tried to rape her, he said.

According to one witness account, the suspect was taken into custody, but police have not confirmed if that is true.

Also, it is not known if the suspect and the woman knew each other prior to the invasion.

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