Federal prosecutors admitted they withheld key criminal-history details, paving the way for the court-ordered release of an accused MS-13 killer known as “The Witch.”
Story Snapshot
- Prosecutors told the court they made a “manifest error” by omitting criminal-history facts.
- The judge said she would have ruled differently if given the full record at the time.
- The case centers on a habeas petition after months in immigration detention without a bond hearing.
- The episode fuels wider anger over government failures in immigration enforcement and due process.
What prosecutors admitted and why it matters
Federal prosecutors in San Diego said they failed to give the judge key information on David Antonio Aviles Perez’s criminal history. In a filing and a sworn statement, they called it a “manifest error of law and fact” and apologized to the court. That omission meant the judge did not see the full record when she ordered his release. Prosecutors acknowledged the mistake in open court, taking responsibility for the gap that shaped the ruling.
U.S. District Judge Jinsook Ohta stated she would have kept Aviles Perez detained if the government had properly presented his record. Her prior ruling followed a petition that argued he was held in immigration custody for months without a bond hearing. The judge applied the law to the record she had. Prosecutors later confirmed their error caused the court to miss facts that could have supported holding him in custody pending further review.
How a paperwork miss became a public-safety flashpoint
This case triggered a sharp response across the political spectrum. Some focused anger on the judge. Others pointed to a deeper failure inside the system. The core fact is simple: the government did not give complete information to the court at the key moment. When prosecutors concede an omission, it undercuts claims that the judge ignored danger. The record shows the judge said she would have ruled differently with full facts.
The man at the center of the case, known by the nickname “The Witch,” has been tied to the MS-13 gang in public reports and faced an aggravated murder warrant from El Salvador. Immigration officers arrested him earlier this year. The public hears “gang member” and “murder” and expects airtight handling. Instead, a preventable filing mistake steered the outcome. That confirms a wider fear that basic government duties are slipping at the very points that matter most.
Due process, detention, and the system strain behind the case
Immigration detainees have turned more often to habeas petitions to challenge long detention without bond hearings. Courts review whether the government met due-process duties, then decide based on the record. When that record is incomplete, results can stray from public expectations. Legal guides show habeas is a standard tool to test detention when routine relief stalls. That places heavy weight on prosecutors to file accurate, complete facts every time.
The Justice Department’s own oversight history shows how disclosure lapses and filing errors can unravel cases. Past summaries and court rebukes warn that even unintentional omissions can distort outcomes and demand review. Those patterns echo here. People want dangerous suspects held and tried. People also want the government to follow the rules. When officials fail at the basics, both safety and trust take a hit, and the blame game hides the fix we actually need.
Sources:
nypost.com, sandiegouniontribune.com, zetik.com, habeasdockets.org, sdcourt.ca.gov, casemine.com, wfmd.com, foxnews.com
