The case of an alleged Mexican illegal immigrant who allegedly lured a 12-year-old girl into his truck in June is heading toward a trial in county court.
Charges against Adrian A. Castro, 27, including luring a child and harassment, were waived Monday before Lycoming County Judge Marc F. Lovecchio.
Castro, who was not in court, and was represented by court-appointed attorney E.J. Rymsza.
"He was indicted on illegal re-entry charges," Rymsza said to Lovecchio, referring to a separate federal case involving his client and eight other alleged illegal immigrants Castro was living and working with locally when arrested by city police.
They are due in the U.S. Middle District Court in Willaimsport today for arraignment on the illegal re-entry charges.
The pre-trial motions in the county case are set to go before the judge Oct. 7. District Attorney Eric R. Linhardt has assigned Aaron Biichle, assistant district attorney, to the case.
In prior court testimony, the girl said she was out walking about 10 p.m. June 23 when Castro, whom she recognized, saw her and motioned for her to come near his truck, which he drove into a parking lot in the 300 block of Elmira Street. After a brief discussion between the two, the girl said she got into the passenger side of the truck and stayed there for about an hour.
The girl alleged Castro told her she was "pretty" and "rubbed her arm."
The prosecution contends the fault lies with Castro, who failed to "keep driving" when he saw the girl and should not be flirting with the minor.
Rymsza said before he believed the charge of luring should have been dismissed because what allegedly happened didn't rise to the level of the statute. The child wasn't lured into the vehicle, but voluntarily got inside, he said. "The luring here is implied to someone drawing another into danger, with evil intention or presenting difficulty through attracting or deceiving," Rymsza said.
Castro and 15 other alleged illegal aliens were apprehended and detained the following morning by federal and local law enforcement officials. Nine of these men have been indicted and face arraignment in federal court.
Castro remains in the prison in lieu of $100,000 bail. He will be arraigned in federal court today to face charges of illegal re-entry into the country, according to Peter Smith, U.S. Attorney for the Middle District.