(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney today announced that defendant Carlos Aguilar Reynoso, 27, of Guatemala, was indicted for the Rape of a five-year-old.
“Sanctuary laws in New York already make it difficult for police and prosecutors to protect the public, including our most vulnerable. Here, two progressive reforms, Bail Reform and the Protect Our Courts Act, had to be navigated deftly to hold the defendant responsible for his alleged horrific crimes,” said District Attorney Tierney. “Incredibly, up in Albany right now there are new Sanctuary laws currently under consideration that would have prevented us from even talking to federal immigration authorities. My message to our state legislators and Governor is simple – Stop protecting the rights of alleged child rapists at the expense of child victims. I would also like to commend ICE as a law enforcement partner for preventing this defendant from potentially fleeing these very serious charges.”
According to the investigation, on February 1, 2026, the mother of the five-year-old victim went to work and allegedly left the child for Aguilar Reynoso to babysit. When the mother arrived home from work, she noticed that her daughter was acting shy and backing away from her. Thinking that the child had soiled herself, she took the victim to the bathroom to change her. She noticed blood inside of the victim’s underwear and asked the child what happened. The child indicated that Aguilar Reynoso had allegedly put his “privates” in her. The mother called a friend to bring herself and the victim to a local hospital, where the victim was seen by emergency physicians who determined that the child was still actively bleeding and had sustained internal injuries that required specialized medical care. Police personnel were contacted by the hospital and met the family to accompany the child’s transport to a specialized children’s hospital in New York City.
At the specialty hospital, a sexual assault forensic examination was conducted, and the victim underwent surgery to repair injuries to her genital area. The evidence obtained during the sexual assault forensic examination was transported to the Suffolk County Crime Laboratory, where it was analyzed and a DNA profile was obtained.
The defendant was arrested on February 2, 2026, however, given the extremely young age of the victim and the still-ongoing forensic testing, the only chargeable offense at that time was Endangering the Welfare of a Child (EWOC). Unfortunately, despite Reynoso’s tenuous ties to New York State as an alleged Illegal Alien pursuant to federal statute, Endangering the Welfare of a Child is not bail-eligible under New York State Bail Reform statutes, meaning prosecutors cannot even ask for bail. Moreover, under New York’s 2020 “Protect Our Courts Act,” federal immigration agents could face arrest themselves if they were to seek to apprehend Aguilar Reynoso at the courthouse after his release. In fact, the Protect Our Courts Act purports to prohibit immigration arrests “while going to, remaining at, or returning from” a court proceeding.
Rather than seeking to arraign the defendant on an EWOC charge where he could not be held and could not be arrested by immigration authorities, the District Attorney’s Office arranged for the local police department to issue a Desk Appearance Ticket (DAT), whereby Aguilar Reynoso could be released at the police precinct, rather than at court, and, as such, federal immigration agents were able to be present on February 2, 2026, and to take immediate custody of Aguilar Reynoso for illegally entering the United States.
On February 7, 2026, a search warrant was obtained and on February 8, 2026, a buccal swab containing the DNA of the defendant was obtained while Aguilar Reynoso was being held by United States Immigration and Customs Enforcement at the Orange County Correctional Facility in Goshen, New York.
On February 13, 2026, the DNA obtained from the sexual assault forensic examination was compared to that of the defendant. In addition to the DNA from the victim, analysis revealed two separate swabs from the sexual assault kit that were allegedly 1×10^3 and 2×10^9 times more likely to originate from the defendant than if they had originated from an unknown individual. In addition, a fluid analysis was also performed on a swab from the victim’s vaginal/cervical area that indicated the presence of male seminal fluid.
While this investigation was ongoing and the Grand Jury was considering charges, the District Attorney’s Office stayed in regular contact with federal immigration authorities to ensure that Aguilar Reynoso was not deported before he could face charges for his alleged conduct.
After an indictment of Aguilar Reynoso was obtained, a writ of habeas corpus was prepared by the Suffolk County District Attorney’s Office to return the defendant to Suffolk County from federal custody to be arraigned and prosecuted on charges brought by the Grand Jury of Suffolk County.
On March 23, 2026, the defendant was arraigned on the indictment before Acting Supreme Court Justice Karen M. Wilutis, on the following charges:
- Predatory Sexual Assault Against a Child, a Class A violent felony;
- Rape in the First Degree, a Class B violent felony;
- Sexual Abuse in the First Degree, a Class D violent felony;
- Endangering the Welfare of a Child, a Class A misdemeanor; and
- Resisting Arrest, a Class A misdemeanor.
Justice Wilutis ordered the defendant remanded without bail during the pendency of the case. The defendant is due back in court on April 27, 2026, and faces up to 25 years to life in prison if convicted on the top count. He is being represented by Luigi Belcastro, Esq.
This case is being prosecuted by Assistant District Attorney Sean Murphy of the Child Abuse and Domestic Violence Bureau.