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Aug 9, 2016 1:32 PMPublication: The Southampton Press

Police Say Man Sexually Assaulted Woman During Home Invasion In Southampton Village

Marvin Siciliano-Nunez was arraigned in Southampton Village Justice Court on Saturday afternoon and ordered held on $2 million bail. MICHAEL WRIGHT
Aug 9, 2016 3:28 PM

A Hampton Bays resident broke into a house and sexually assaulted a woman before being taken into custody by Southampton Village Police on Friday, according to authorities.

The man, 20-year-old Marvin Siciliano-Nunez, was one of four men who had been arrested in May in connection with the assault and stabbing of two men outside a bar in Hampton Bays. Southampton Town Police charged him with two counts of first-degree gang assault, a felony punishable by up to 25 years in prison.

Southampton Village Police said they received a call on Friday, just after 8 a.m., about a possible sexual assault on Little Plains Road. Responding officers said they found Mr. Siciliano-Nunez near the scene and as they approached him he ran off, leading them on a chase by foot. They were able to apprehend him shortly afterward.

According to Southampton Village Justice Court documents, Mr. Siciliano-Nunez burglarized several dwellings on the one property, taking jewelry, a phone and a Sector 9 skateboard, before forcing a 19-year-old woman, who had been sleeping in the house, to perform oral sex while threatening to strike her with a baseball bat if she did not comply.

One witness, who was working at a construction site at the corner of Little Plains Road and Herrick Road, told Village Police that he saw the woman run out of the house, naked, as she was chased by a man with a baseball bat.

Robert Clifford, a spokesman for Suffolk County District Attorney Thomas Spota, confirmed that Mr. Siciliano-Nunez is a citizen of El Salvador and an undocumented worker in the United States.

East Hampton-based attorney Carl Irace, who represented Mr. Siciliano-Nunez during his arraignment on Saturday, said he was under the impression that Mr. Siciliano-Nunez had been under the influence of alcohol at the time of the home invasion. He said Mr. Siciliano-Nunez did not speak much English, was soft-spoken and did not appear to be the “monster” he has been characterized as.

Mr. Siciliano-Nunez was arrested and charged with burglary in the first degree, burglary in the second degree, sexual abuse in the first degree and criminal sex act in the first degree, all felonies, as well as criminal obstruction of breathing or blood circulation, a misdemeanor. He was taken to Southampton Village Police headquarters, where he was held until arraignment the next day.

On Saturday afternoon, Southampton Village Justice Barbara Wilson ordered him remanded to the Suffolk County jail in Riverside on $2 million cash bail or $4 million bond. If bail is posted, there will be a hearing before the justice on the source of money.

Southampton Village Police have said they believe Mr. Siciliano-Nunez, who also has pending felony charges against him connected to the stabbing outside CB’s bar in Hampton Bays in May, is connected to the infamous MS-13 gang. Police Detective Sergeant Herman Lamison said that Mr. Siciliano-Nunez’s suspected connection to MS-13, which is composed mainly of immigrants from El Salvador, was reported to his department by other police departments, although that could not be independently confirmed. The detective said there is no expectation that national gangs are establishing locally, but that individual transient members do find their way to this area on occasion.

Mr. Irace, however told the justice that his client denies being in the gang and has no tattoos, scarring or other markings typical of initiated members of gangs like MS-13. At Mr. Siciliano-Nunez’s arraignment, Mr. Irace noted that his client had been released into his family’s custody on his own recognizance following the May stabbing incident.

The defendant’s release on May 26 after the stabbing incident, which was ordered by Southampton Town Justice Deborah Kooperstein, was mandated by the dictates of New York Criminal Procedure Law. The Suffolk County district attorney’s office had failed to bring an indictment, or to provide a “true bill” saying an indictment was coming, within five days, which meant that the local criminal court had to release him on his own recognizance. That was the case with the three of the four defendants, including Mr. Siciliano-Nunez.

A spokesman for Mr. Spota’s office said on Monday that investigators and attorneys handling the stabbing case have found no forensic evidence linking Mr. Siciliano-Nunez to the stabbing and that no witnesses inside or outside the bar have pointed to him as having participated in the stabbing, which took place in a parking lot outside CB’s.

Village Police also said that Mr. Siciliano-Nunez had been transported by ambulance from the Hampton Bays Fire Department’s carnival to Southampton Hospital on Thursday, August 4, and treated for excessive intoxication. He was released shortly before 7 a.m. on Friday, just a block away from the house where he is accused of having sexually assaulted the 19-year-old woman and burglarizing the home.

“With the hospital here, especially in the summertime, we see a lot of characters come through here,” said Det. Sgt. Lamison, one of the village’s most veteran officers. “We typically don’t see much exposure to this kind of thing. That’s why people come here.”

“He said he didn’t threaten to kill her,” Mr. Irace said of Mr. Siciliano-Nunez on Monday. “I think he just happened to come across this woman in a room.”

Mr. Irace said he thinks Mr. Siciliano-Nunez could have still been drunk, and that he does not think he left the hospital intending to physically hurt anyone.

“He seems like a sad case who is in need of help, and there could be numerous issues of fact that have been overlooked that could have significant impact on this case,” Mr. Irace said. “I have a feeling that this wasn’t really… it’s bad, but it’s not as bad as the prosecution made it sound.”

Mr. Siciliano-Nunez was scheduled to appear in Southampton Village Justice Court on Tuesday morning, but was not brought in from the Suffolk County jail. The case was adjourned until Wednesday, August 10, at 9 a.m.

Staff writer Michael Wright contributed reporting to this story.

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