Man accused of biting, kicking ICE, DEA officers during arrest in Marlborough
Guido Andres Cuellar Batres, 24, a Guatemalan national, overstayed his non-immigrant visa by more than four years, leading to an outstanding immigration warrant for his arrest, the statement said.
On May 4, three Immigration and Customs Enforcement officers and a Drug Enforcement Administration agent conducting surveillance in a Marlborough parking lot spotted Cuellar in the front passenger seat of a car.
The officers, wearing law enforcement garments, approached the car and ordered Cuellar to get out of the vehicle, in Spanish and English, according to Foley's statement.
He refused and, despite instructions to keep his hands visible, he reached down in the front passenger seat, which led officers to break the rear passenger side window and unlock the front passenger door, according to the statement.
The officers removed Cuellar from the vehicle, but he did not cooperate when they tried to handcuff him. According to Foley's statement, Cuellar bit one officer in the hand and another in the leg, hit an officer in the head multiple times, and spat in an officer's face, Foley's statement read.
Once he was handcuffed and placed in leg restraints, Cuellar continued to kick at officers, the statement reads.
Cuellar is charged with one count of forcibly assaulting, resisting, opposing, impeding, intimidating or interfering with federal officers engaged in the performance of official duties.
He is being held in ICE custody and will appear in federal court in Boston at a date to be determined.
'The charge of forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with federal officers engaged in the performance of official duties provides for a sentence of up to eight years in prison, three years of supervised release and a fine of $250,000,' the statement reads.
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