BUFFALO, N.Y. (WKBW) — Erie County Sheriff John Garcia is calling for change as the case against an immigrant accused of murder unfolds.
Last week the Erie County District Attorney's Office announced that 46-year-old Antonio Prieto was arraigned in State Supreme Court on an indictment charging him with one count of second-degree murder.
Prieto is accused of killing his wife, 29-year-old Elibeth Salazar, by striking her with an axe while inside their apartment on the 300 block of Rhode Island Street. The incident occurred on August 26.
According to the DA, police found Salazar dead on the floor of a bedroom. Prieto was found in the bathroom with self-inflicted knife wounds. He was taken by ambulance to ECMC and was initially arraigned before Buffalo City Court Judge Gary W. Wilson, Jr. on the murder charge while hospitalized.
Prieto is being held without bail at the Erie County Holding Center with an immigration detainer placed on him. Sheriff Garcia said that means ICE intends to eventually take him into custody and he may be subject to possible removal from the U.S.
As the case against Prieto unfolds, Sheriff Garcia is calling for changes to the incarceration system as he is concerned that Prieto will be a drain on county resources.
Sheriff Garcia released the following statement on Wednesday:
“The immigration crisis continues to impact the taxpayers of Erie County. Antonio Prieto, an illegal immigrant from Venezuela who is accused of murdering his wife with an axe and was then found with apparent self-inflicted knife wounds, is currently being housed at the Erie County Holding Center. Prieto is one of six Incarcerated Individuals at either the Erie County Holding Center or Erie County Correctional Facility with an immigration detainer placed on them. That means ICE intends to eventually take custody of these individuals and they may be subject to possible removal from the United States.
The allegations of which Mr. Prieto must defend himself are abhorrent. Now, for the indefinite future, he will be a drain on Erie County resources. While it is difficult to estimate the average daily cost to incarcerate an individual, it is safe to say that Mr. Prieto is on the high end of that cost. To ensure his safety, he is currently under constant observation, requiring 24/7 attention from a deputy. Additionally, we are expecting to soon receive a bill from ECMC for the medical care he received after his arrest.
The federal government must do more to address its immigration problem and keep people like Mr. Prieto out of the United States.”
Former Erie County District Attorney John Flynn said taxpayers will be footing the bill regardless if he is held at the county or state level.
"If he's being held in Batavia, at the Federal Detention Center, then the federal authorities are going to be responsible for paying for his upkeep, food, housing, etcetera, etcetera," Flynn said. "If he's held at the Erie County Holding Center, the care and the supervision of him is going to be paid for by the Erie County Sheriff."
Flynn explained it is easier to keep Prieto in the Erie County Holding Center because it is across the street from the Courthouse, whereas, the Batavia Federal Detention Facility is about 45 minutes away and paperwork is involved.
"Transferring him over to the Sheriff's, you're driving downtown, you're paying for gas then. You got to think about this from the standpoint of what's more convenient and what's more logistically feasible for the taxpayers of Western New York," Flynn added.
Additionally, when it comes to charging Prieto, Flynn said Prieto being an immigrant does not change how he is criminally prosecuted.
"For a murder charge, the maximum is 25 years to life, if he's found guilty of murder or pleads guilty of murder. He feasibly could spend the rest of his life in New York State," Flynn explained.
Prieto is scheduled to return on October 28 for a pre-trial conference.
If you or a loved one have or is currently experiencing domestic violence, the following resources are available:
- New York State Domestic Violence 24-Hour Hotline: 1-800-942-6906
- New York State Chat/Text hotline: Text 844-997-2121
- National Domestic Violence 24-Hour Hotline: 1-800-799-7233 or 1-800-787-3224 (TTY)
- Erie County Child and Family Services: 716-884-6000
- Family Justice Center: 716-558-7233
