A Rochester man charged with obstructing ICE agents as they attempted to detain his landscaping crew has been released from custody.
Hipolito Mateo turned himself in Monday after a federal warrant was issued for his arrest. He initially was released to home confinement, but that restriction was lifted Tuesday, records show.
The charge is a misdemeanor. His next court date, a status conference, is set for June 17.
According to the federal complaint:
ICE along with agents from Alcohol, Tobacco and Firearms were involved. Agents were observing a house in northeast Rochester where three suspected undocumented people were living. The trio left, and drove the two miles to Mateo’s house, loaded up work vehicles and headed out.
Agents stopped what had grown to a three-vehicle caravan about two blocks away.
Mateo, 57, a U.S. citizen, got out of his truck and allegedly blocked agents while yelling “vete.” the Spanish word for “go away.” Agents said he was yelling it to the workers. He was told to get back and did not comply, they said. He was pepper-sprayed on the left side of his face but continued to obstruct agents, and was sprayed again with no effect, as he grabbed an agent's arm. An agent then deployed a Taser on Mateo, causing him to fall. Then the workers sped off, and agents pursued them, according to the complaint.
Mateo has said his work crew — who are from Venezuela and elsewhere — had required documents and work permits. After being pepper-sprayed, he said, he had his arms up and was flailing but could not see. A witness Dave Quinones has said Mateo was not being combative, but trying to tell agents they had the wrong people, and that agents acted quickly, “like he wasn't even gonna play or try to hear anything.”
The complaint does not explain why agents left Mateo in the street, instead of arresting him. Nor why they failed to provide medical attention, which experts say is standard law enforcement practice when force is used.
Mateo is hard of hearing. His ballcap showed spray on the back of the hat, and the agents left Taser prongs in his back when they took off. He went to urgent care and was treated for a broken wrist, he said.
