Man Accused of Sexual Assault Released on OR, Detained by ICE

Juan Perez-Santillan appeared in New River Township Justice Court on July 31 before Judge Benjamin Trotter for a status hearing on two Category A felony charges stemming from a July 19 incident at a residence south of Fallon.

The criminal complaint charges Perez-Santillan with Sexual Assault and Battery with Intent to Commit Sexual Assault, both punishable by life in prison with the possibility of parole after 10 years if the victim sustained no substantial bodily harm. If convicted, Perez-Santillan, who was arrested on July 19, would also be required to register as a sex offender and submit to lifetime supervision.

According to the allegations, Perez-Santillan forced himself upon Monica Perez against her will, using force or violence with the intent to sexually assault her. The complaint further states that Perez-Santillan grabbed Monica by the arms and struck her in the eye after she withdrew consent.

Defense attorney Charles Woodman urged the court to release Perez-Santillan on his own recognizance (OR), citing a recantation by the alleged victim and raising serious concerns about the legitimacy of the charges.

Woodman told the court the alleged victim—his client’s wife—was present in the courtroom and prepared to testify that the assault never occurred. According to Woodman, Monica Perez had been hallucinating due to a combination of new medication and critically low sodium, potassium, and magnesium levels confirmed during a hospital stay. “She told me that this didn’t happen. It was all hallucination,” Woodman said, adding that she reported being confused for several days before and after the incident.

“I read this file, and I was shocked that he was arrested—more shocked that he was charged,” Woodman told the court. He noted that Perez-Santillan had lived in Fallon since 1993, worked for the same ranch for 30 years, and had multiple family members, including his son and stepson, in court to support him.

Woodman also expressed concern about an immigration hold placed on his client and warned that federal authorities might remove Perez-Santillan before the charges could be addressed. “If ICE takes off with him, I have a feeling this case will absolutely evaporate,” he said.

Senior Deputy District Attorney Chelsea Sanford acknowledged the victim’s recantation but cautioned the court that such reversals are common in sexual assault cases and do not automatically nullify charges under Nevada law. “We are not like some states where a recantation ends the case,” Sanford said. “These are serious charges.”

Judge Trotter granted the OR release, lifting daily check-in requirements and a prior no-contact order, and allowing Perez-Santillan to return home. Conditions of release included weekly contact with counsel, no new criminal violations, and appearance at all court hearings.

Despite the court-ordered release, Perez-Santillan was taken into custody by U.S. Immigration and Customs Enforcement on Aug. 2. According to the Churchill County Sheriff’s Office, ICE had placed a hold on Perez-Santillan prior to the hearing.

An ICE hold, formally called an immigration detainer, is a request—not a legal mandate—for local law enforcement to notify ICE before releasing a defendant and to hold that person for up to 48 additional hours (excluding weekends and holidays) so federal agents can take custody. Many counties in Nevada choose to honor these detainers, although they are not required by law to do so.

“I don’t have any reason to consider him a flight risk or a danger to the community,” Judge Trotter said, citing Perez-Santillan’s long-term residence and employment.

Perez-Santillan did not appear for his Aug. 14 status and preliminary hearing, as he remained in federal immigration custody. Defendants detained by ICE are typically transferred to federal facilities and, in most cases, do not return for state prosecution. Although the case is not dismissed, it is often placed on inactive status, and further court proceedings are paused indefinitely.