Sonoma Sheriff, ICE at odds after unfounded reports linking arson suspect to deadly fires

Sonoma County Sheriff Rob Giordano briefs the media at a news conference in Santa Rosa, Calif. on Wednesday, Oct. 11, 2017. Giordano who put the number of people unaccounted for in the hard-hit county at 380, said "We are not switching operations to anything but lifesaving right now, It's all about lifesaving and evacuations," (AP Photo/Paul Elias) less Sonoma County Sheriff Rob Giordano briefs the media at a news conference in Santa Rosa, Calif. on Wednesday, Oct. 11, 2017. Giordano who put the number of people unaccounted for in the hard-hit county at 380, ... more Photo: Paul Elias, Associated Press Photo: Paul Elias, Associated Press Image 1 of / 74 Caption Close Sonoma Sheriff, ICE at odds after unfounded reports linking arson suspect to deadly fires 1 / 74 Back to Gallery

The Sonoma County Sheriff is attempting to shut down any speculation about a current arson suspect's ties to deadly fires in the North Bay, but his efforts have set off a testy exchange with a top immigration official.

This week, County Sheriff Rob Giordano and Immigration and Customs Enforcement have traded statements in the press following reports on Breitbart and others linking a suspect in a minor arson incident in Sonoma Valley to the deadly fires that have plagued the North Bay since Oct. 8.

On Sunday, the sheriff's office arrested Jesus Fabian Gonzalez, 48, for felony arson, which occurred at Maxwell Farms Regional Park in the Sonoma Valley where Gonzalez was sleeping, Giordano said. Deputies recognized Gonzalez who told the deputies he lit the fire to keep warm.

ICE sent a request on Oct. 16 to detain Gonzalez for 48 hours past his scheduled release date from the jail, but the detainer was not signed by a judge and the sheriff's office could not legally honor it, Giordano has said.

Acting ICE Director Thomas Homan reacted to the release in his statement saying, "Once again, a non-cooperative jurisdiction has left their community vulnerable to dangerous individuals and preventable crimes."

While Homan did not specifically say Gonzalez is suspected of starting any fires in the Bay Area, as reported in some media, he said in his statement that the sheriff's office's action "is especially troubling in light of the massive wildfires already devastating the region."

On Thursday, Giordano responded to the press release saying Homan's statement about the handling of the case was "inaccurate, inflammatory and damages the relationship we have with our community."

Giordano said Cal Fire is investigating the cause of the Tubbs Fire, which has caused 23 deaths in Sonoma County, and other fires in the North Bay.

"There is no indication that Gonzalez had anything to do with these fires and it appears highly unlikely," he said.

Homan also said ICE lodged detainers against Gonzalez after four arrests on felony and misdemeanor charges in Sonoma County, and ICE was never notified about Gonzalez's various releases from custody. He said Gonzalez returned to Mexico twice.

"The residents of Sonoma County, and the state of California deserve better than policies that expose them to avoidable dangers," Homan said.

"Non-cooperation policies - now enshrined in California state law - ensure only one thing: criminals who would otherwise be deported will be released and left free to re-offend as they please," Homan said.

ICE spokesman James Schwab said Wednesday ICE filed an administrative detainer to hold Gonzalez, but Giordano said administrative detainers are considered unreasonable search and seizure in violation of the Fourth Amendment.

"ICE has the ability to obtain a warrant for anyone they are interested in like we do everyday in this county. If ICE obtains a warrant I can legally hold the person and would be happy to do so," Giordano said Thursday.

"ICE attacked the Sheriff's Office in the midst of the largest natural disaster this county has even experienced," Giordano said in his press release.

"ICE's misleading statement stirs fear in some of our community members who are already exhausted and scared," he added.

The Sheriff said he will work with ICE cooperatively and within the sheriff's office's policy and the law.

"Despite ICE's misleading statement, we will continue to protect and serve our community members with the strength and compassion they deserve. I hope to end this senseless public confrontation with these facts so that I may focus on the fire recovery," Giordano said.

Gonzalez is being held in the Sonoma County Jail under $100,000 bail on the arson charge and under $100,000 bail for a misdemeanor drug related warrant from Ventura County, Giordano said.

He was arraigned Wednesday in jail and his next court date has not been set. The Sonoma County Superior Court is closed until Monday because of the fires.

Gonzalez will remain in the Sonoma County Jail until his arson case is adjudicated and Ventura County will then prosecute Gonzalez, Giordano said.

Bay City News contributed to this report.