CHARLOTTE — Mecklenburg County Sheriff Garry McFadden has released a detailed timeline regarding the arrest of Erick Lopez-Hernandez.
Lopez-Hernandez was arrested on February 20, following a shooting incident involving the Charlotte-Mecklenburg Police Department.
He is charged with attempted murder and assault with a deadly weapon with intent to kill. Despite an initial inquiry to the U.S. Immigration and Customs Enforcement, no detainer was issued until February 28, which later expired on March 2 without any action from ICE.
“I’ve been saying it repeatedly. This case is a clear example that the current deportation process is failing,” Sheriff McFadden said.
On February 20, after being hospitalized due to a shooting involving CMPD, Lopez-Hernandez was arrested on outstanding warrants. An initial arrest query was sent to ICE at 1:43 p.m., and ICE confirmed his previous deportation in 2023 but did not issue a detainer at that time.
On February 28, ICE issued a detainer at 7:35 a.m., and later that day, Sheriff McFadden received an email from ICE’s Atlanta Field Office requesting notification upon Lopez-Hernandez’s release.
The detainer expired on March 2 at 7:35 a.m., with no pickup attempt by ICE. Sheriff McFadden suggested ICE charge Lopez-Hernandez with Re-Entry After Deportation, a federal crime under 8 U.S.C. 1326.
On March 6, ICE informed MCSO that the case was being presented to the Assistant U.S. Attorney for criminal prosecution. Despite the outcome, ICE expected notification upon any release.
By March 7, Sheriff McFadden checked for any new detainer or federal warrant but found none. He reiterated that MCSO would not hold detainees without proper judicial authorization, citing the need for a new detainer or warrant to comply with state law.
Sheriff McFadden has called for comprehensive immigration reform, highlighting the burden placed on local authorities by federal immigration policies. He emphasized the need for judicial oversight and proper legal documentation for detentions.
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