http://www.phillyburbs.com/news/local/the_intelligencer/the_intelligencer_news_details/article/92/2010/january/13/charges-dropped-against-illegal-immigrants.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A%20IntelligencerNews%20%28Intelligencer%20News%29&cHash=96b5214258c021d3eba85f6199ddc7ac 
Authorities withdrew felony charges Tuesday against an illegal immigrant who was accused of stabbing a 23-year-old man during a brawl involving up to 40 people outside a Telford bar.
Nonetheless, police say Mario Joel Joya will likely be deported.
Felony charges were also dropped against two of Joya's alleged accomplices, who were accused of beating people with chains in what police described as a riot outside Cheers & Beers, a bar on the 100 block of North Main Street that was formerly called The New Telford Inn. Two off duty Marines were among those allegedly attacked.
Joya, 20, Danillo Fernandez, 21, and Tulio Flores, 22, pleaded guilty to summary disorderly conduct charges Tuesday at district court in Souderton. Flores additionally pleaded guilty to carrying false identification, also a summary offense.
The three men have been incarcerated and were credited with time served. They will now be turned over to federal immigration authorities.
Joya, Fernandez and Flores are undocumented illegal aliens and will likely be deported following a federal review of their immigration status, said Lt. Randall S. Floyd of Telford police. Joya is from El Salvador. Flores and Fernandez are from Honduras.
The decision to drop felony charges was prompted, in part, by the likelihood that the three will be removed from the United States, said Floyd.
Also, uncooperative witnesses and the difficulty in proving exactly what each man allegedly did during the brawl influenced the decision to withdraw the most serious charges, the lieutenant said.
"We didn't give away the store on this one," said Floyd.
Joya's attorney said there was a lack of evidence against his client.
"When you boil it all down to the lowest common denominator, this was a melee and my client happened to be arrested," said David Garcia-Villarreal, a Philadelphia-based attorney "The police and the district attorney could have stuck to their guns, but in the end cooler heads prevailed and we reached the best outcome for everyone."
The brawl erupted around 2 a.m. Sept. 12. Indications are the fighting broke out after some people directed racist remarks at Hispanic patrons at Cheers & Beers, said Floyd.
Advertisement
Patrons from a neighboring bar, the Bier Garten Tavern, also appear to have run over to get involved in the fight, Floyd said.
Two Marines, a man and a woman, were walking to their vehicle when they were randomly attacked by assailants authorities identified as Flores and Fernandez, police said. Police said the Marines, who were in the area for a temporary stay, had not been involved in an argument with the two men prior to the alleged assault.
"There were a lot of innocent people who got caught up in this," said Floyd.
A 23-year-old man was treated for several stab wounds at Grand View Hospital in West Rockhill after an attacker police identified as Joya stabbed him, said records.
"It should be noted (the victim) had a deep slash to the right side of his chest, as well as a deep penetrating stab wound to the back of his shoulder," a criminal complaint said.
The victim told police he was also struck in the head with a chain when he tried to assist a friend who was being assaulted, said records.
Police said a confidential informant tipped them off that Joya was the stabber. Records said Joya had been bragging about the stabbing.
The Tuesday hearing brought a crowd to the court, including three defense lawyers, three Spanish language interpreters, five witnesses, a prosecutor, several police officers and sheriff's deputies.
The Marines, considered important witnesses, could not make the hearing. "They were very helpful, but they're stationed elsewhere now and it's logistically impossible for them to get here," said Floyd. The man who was stabbed has not cooperated with authorities, Floyd said.
Charges that were dropped against Joya include a first-degree felony aggravated assault and the third-degree felonies riot and criminal conspiracy to riot.
Charges that were dropped against Flores and Fernandez include the third-degree felony riot and a misdemeanor charge of possessing an instrument of crime.
Topic: 'Illegals who beat Marines' escape felony charges (Read 1366 times)