By Michael Donoghue, Vermont News First

Federal authorities say a Mexican, who was charged in state court with attempted murder and aggravated domestic assault in a strangulation case involving a woman in Addison County in September, is an illegal immigrant and should never have been in the United States.

Vicente De La Cruz-Rodriguez, 28, of New Haven had been removed at least twice by the U.S. Border Patrol in one week in 2022 for being unlawfully in the county and he returned without proper authorization a third time to the United States three years ago, according to federal court records.

U.S. Homeland Security became interested in De La Cruz-Rodriguez after Vermont State Police arrested him for trying to kill his girlfriend during an attack the night of Sept. 21-22, court records show.

De La Cruz-Rodriguez pleaded not guilty in Vermont Superior Court to attempted second degree murder and first degree domestic assault for the attack on Mildred Arciga.  Vermont State Police said Arciga reported that De La Cruz-Rodriguez had used both his hands to wrap around her neck to strangle her.

Arciga said she could smell alcohol on his breath and he appeared to be intoxicated when he began arguing with her about 1 a.m. Sept. 22, State Police Patrol Cpl. Justin Busby said.  Arciga said De La Cruz-Rodriguez initially grabbed her by the face, pulled her hair and started squeezing her jaw, causing pain, Busby wrote in his court affidavit.

When asked about her level of pain on a 1 to 10 scale with 10 being severe, she listed it as a 9, Busby wrote.

She then reported De La Cruz-Rodriguez threw her on a bed, climbed on top of her and started to manually strangle her with both hands, Busby said.  Arciga stated she was afraid De La Cruz-Rodriguez was going to kill her, and she did not move from the bed.

Arciga called her mother that morning and reported what De La Cruz-Rodriguez had done to her and her mother contacted the victim’s co-worker at the Basin Harbor Club to assist them in contacting the police.  Busby said the report was filed about 10 a.m. Sept. 23.

State Judge David Fenster ordered De La Cruz-Rodriguez held without bail at the Marble Valley Regional Correctional Facility in Rutland, where he remains.

State officials were apparently unaware that De La Cruz-Rodriguez was in the country illegally because Vermont law enforcement is prohibited from cooperating with federal immigration authorities.  

Special Agents with Homeland Security Investigations said they conducted an interview at the Rutland prison with De La Cruz-Rodriguez, who freely admitted he had been deported twice and that he was smuggled back into the United States in October 2022.  He said he paid about $5,000 to be brought illegally into the country, an HSI investigator wrote in court papers.

De La Cruz-Rodriguez confirmed he was not authorized to be in the United States, he did not have any legal documents authorizing him to be in the country, that he had never sought legal status or permission to be in the country and that he never presented himself for inspection, according to HSI.

De La Cruz-Rodriguez said he eluded inspection by Immigration officers at a proper port of entry in Texas and traveled to Vermont to find work, according to Homeland Security Investigations, which said it is responsible for enforcing over 400 federal criminal laws.

The U.S. Border Patrol first caught De La Cruz-Rodriguez in the country illegally on Sept. 23, 2022 near Eagle Pass, Texas, records show.  He was processed and removed back to Mexico the same day under the “catch and release” used by President Joe Biden.

One week later, De La Cruz-Rodriguez was caught again near Eagle Pass, Texas and again processed and returned to Mexico under the “catch and release” program, records show.

There is no record De La Cruz-Rodriguez ever attempted after the Oct. 1, 2022 deportation that he sought to legally come back to the United States, a court affidavit said.

De La Cruz-Rodriguez is scheduled to have a “weight of the evidence” hearing on Nov. 6 in his attempted murder and domestic assault case to determine if he should continue to be held without bail. 

Now with a criminal case filed in U.S. District Court in Burlington, even if granted state bail, De La Cruz-Rodriguez would likely be turned over to federal authorities to face his criminal immigration charges. 

Busby said Arciga reported the case started after she had gone to a picnic with De La Cruz-Rodriguez’s sister, Erica Rodriguez, 34, and he was not happy.  Arciga said she had been in a relationship for three months with De La Cruz-Rodriguez and he was possessive, police noted in court papers.

De La Cruz-Rodriguez was arrested at the hotel without incident and transported to the New Haven barracks for processing.  He was later lodged at the Rutland prison without bail and with conditions pending arraignment the following afternoon.

If convicted in state court he faces a presumptive sentence of 20 years to life in prison for the attempted homicide and up to 15 years in prison and a $25,000 fine for the aggravated domestic assault charge.