Judge orders convicted burglar out of the U.S.
AUSTIN — A man accused of climbing through the window of an Austin home in the middle of the night last summer has been ordered to leave the country.
Marvin Miranda Perez, 23, was charged with two felony counts of first-degree burglary and one count each of obstructing the legal process, a gross misdemeanor, and fleeing on foot, a misdemeanor.
He pleaded guilty in November to one of the burglary charges; in exchange, the remaining counts were dismissed.
On Thursday, Mower County District Court Judge Jeffrey Kritzer sentenced Perez to 27 months in prison, stayed for 20 years, and 180 days in jail, with credit for 138 days served.
In addition, Perez was ordered to cooperate with U.S. Immigration and Customs Enforcement, court documents say; if he returns to the U.S., he must "immediately report to the Department of Corrections to begin" his probation.
The charges stem from an incident that began at 2:56 a.m. July 26, when homeowners in the 700 block of Second Avenue Northwest reported a burglary in progress. When police arrived, the residents, including a juvenile, were outside with flashlights.
The adults said they'd been sleeping when they heard a noise from the living room. They discovered the living room window screen was broken, then heard something in one of the bedrooms, where a man — later identified as Perez — was standing. The homeowner yelled at Perez to leave, the complaint says. Perez punched the man in the chest, then left through the bedroom window.
They described the intruder as a Hispanic male, about 30 years old, wearing a blue, long-sleeve shirt, a black vest and a cowboy hat, the report says. They'd last seen the suspect running east and into the backyards of neighboring homes.
As he talked with the victims, an officer heard what sounded like a tree branch breaking in the area the suspect had run; two officers and a police dog headed that way. One of the officers spotted a man matching the description — later identified as Perez — lying on the ground. He then got up and ran off, but was caught when he fell over a small fence.
According to the criminal complaint, Perez was uncooperative and noncompliant, and attempted to kick and head-butt an officer.