MCSO McFadden Making Excuses Again

According to Joe Bruno Sheriff Garry McFadden has released another statement in response to the arrest of illegal migrant Jose Napoleon-Serrano. 

Jose Napoleon-Serrano Photo Courtesy MCSO 

Napoleon-Serrano was arrested by CMPD on January 12th and released 5 days later despite an active ICE Detainer request.

According to MCSO records Napoleon-Serrano was "Committed" on 1/12/2025 at 8:59 AM  and then "Released" on 1/17/2025 at 12:42 PM.

From Joe Bruno:

Sheriff McFadden is calling on ICE to notify him during the 48 hour detainer on whether they plan to pick up the suspect.

As I have been reporting, ICE is asking Sheriff McFadden to notify the agency before the suspect is released. That isn't happening. 

Statement:

MCSO Clarifies Process of Querying ICE, Sheriff McFadden Continues to Request Collaboration with Immigration and Customs Enforcement.

Charlotte, N.C. – The Mecklenburg County Sheriff’s Office is committed to transparency and lawful procedures regarding the handling of individuals in custody, including those with immigration concerns. Recent discussions and media inquiries surrounding the case of Honduras national Napoleon Serrano highlight the need for clarity in how information is shared between local law enforcement and Immigration and Customs Enforcement (ICE).

When a person is arrested, staff at Arrest Processing Center ask every and any person several questions with three of them dealing with citizenship. As it pertains to an undocumented person, that information is entered into a database on DCI/NCIC through a PIN message to ICE. Essentially, MCSO uses this system to query ICE when we cannot determine citizenship. It includes dates, time stamps and other pertinent details. ICE is then notified through Immigration Alien Queries (IAQs). This process has remained the same through previous administrations and sheriffs, despite the removal of the 287g program.

However, this system does not provide MCSO with details about a person’s past arrests, encounters, or level of danger. Only ICE has that information. That said, when ICE saw Napoleon Serrano’s name, they should have immediately recognized that they had encountered him twice before and previously deported him twice. MCSO is unaware of any state or federal charges attached to Serrano’s past two deportations.

As MCSO has stood clear in its processes, the agency expects the same level of transparency in return. Once a detainer is issued, ICE should clearly understand that they have 48 hours to make the pickup. During that time, MCSO is asking ICE to inform our agency of their intentions, whether they plan to pick up a person or allow the person to remain on state charges.

“Communication with ICE stops once they issue a detainer. Collaboration is a two-way street. Transparency is a two-way street, Sheriff McFadden said. “I am still waiting for productive discussions with local ICE officials on the process we follow in regard to undocumented persons and how our agency can work more effectively with ICE.”

CP's Take:

Jose Napoleon-Serrano's case is not unusual for Mecklenburg County. But he's a violent person who should be deported ASAP.  Yet for some reason Charlotte's sanctuary city status and Garry McFadden's pro immigrant stance put this violent criminal Jose Napoleon-Serrano who is a threat to all citizens back on the streets.

Turns out the Napoleon-Serrano was involved in a fight last summer and a warrant was issued for his arrest where he allegedly hit a man with a bottle and knocked out a few teeth. 

But that warrant wasn't served until his arrest on domestic violence charges back in January of this year.

In the first case according to CMPD:

The victim Victor Gonzalez (Victor) stated he was "hanging out" at the car wash

"The unknown friends at the car wash" were fighting over something and then "were calmed down but started saying they had guns". The Unknown male suspect and later identified as Jose Napoleon-Serrano (Jose) didn't calm down. Victor stated Jose was very angry and wanted to continue fighting with everyone. 

The Victim was assaulted with glass bottle at the 5723 Reddman Rd car wash. The suspect was said to have thrown glass bottle at the victim's face.

The bottle hit Victor in the face cutting his lip and knocking multiple teeth out of Victor's mouth. The glass bottle thrown at Victor also hit his left cheek bone/ upper jaw. The medical staff stated the bone was broken from the bottle. Victor stated when he was hit with the bottle he immediately bent nt that point over and noticed all the blood coming out of his face Jose ran off into the woods and then to the nearby apartments The friends of Jose told Victor, Jose had ran away and that they had done nothing wrong and did not want to be involved.

A picture of the suspect was sent out to Charlotte Mecklenburg Police Department and was later identified by Officer J; Habenicht of Metro Division as Jose Napoleon-Serrano. Officer Habenicht stated he identified the suspect by arrest records and cross referenced with CJLEADS.

For whatever reason MCSO did not serve the warrant on the suspect until this year.

In the second case again via CMPD:

Upon Arrival to Mockernut Drive, officers talkéd to Oneida Hernandez Cruz 01/23/1967 who stated Jose Napoleon-Serrano.05/22/1984 came home drunk and began arguing with her because shé'did not want-to bé intimated She gets out of the bed, goes to another room and he begins to kick the door. When he stops, she opens the door and goes downstairs to the Livingroom - and he stands on the stairs and-throws and empty bottle of beer hitting the back of her shoulders causing bruise bottles'at'hér-and only stopped when she called He Theng 'comes to the living room and throw more cans at her causing bruising on her back shoulder and bottom of her right eye.

But here's where things take an odd turn. 

With the suspect in custody he is formally charged in both cases. Five days in jail and despite the ICE Detainer he's released.

Then the first case 24CR363210 is dismissed by Judge Roy Wiggins on January 30th. Then a Prosecutor's Verification of Basis for Expunction of DNA is created.

The question is why? 

And why is the chief judge hearing these low level cases?