The most serious charges against the New York City man who allegedly fled a traffic stop on Route 61 and struggled with police in the Schuylkill River have either been dropped or amended to a lesser offense.
Yensy Santana Alvarez, 34, appeared before Senior Magisterial Judge Casimir Kosciolek in Orwigsburg for his preliminary hearing. While Santana Alvarez waived most of the charges he’s facing from the alleged incident during the traffic stop, the Schuylkill County District Attorney’s Office agreed to drop a felony aggravated assault charge. A felony charge of flight to avoid apprehension was amended to a misdemeanor offense of avoiding arrest or detention on foot.
That charge along with four misdemeanor counts of reckless endangerment and one misdemeanor count of resisting arrest were all waived to Schuylkill County Court of Common Pleas.
Santana Alavarez is still being held without bail at Schuylkill County Prison and also faces a federal deportation order.
The charges he is facing stem from a May 20 traffic stop on Route 61 near Sands Ford in North Manheim Township. According to Schuylkill Haven police, they – with an embedded ICE agent – pulled over Santana Alvarez’s vehicle. After the ICE agent confirmed an active removal order against him, Santana Alvarez voluntarily handed over his keys and exited the car. However, police say he fled on foot as officers attempted to take him into custody.
Police allege Santana Alvarez ran across the Route 61 median, through a commercial lot, and into a wooded area, ignoring commands to stop. The foot pursuit eventually led into the Schuylkill River. Gehring reported deploying a Taser, but Santana Alvarez pulled the probe from his leg and continued to flee.
Officers from Schuylkill Haven and Orwigsburg subsequently entered the water to apprehend him. During the ensuing struggle, police originally alleged Santana Alvarez briefly pulled an Orwigsburg officer underwater before officers were able to secure him in handcuffs.
In comments to Coal Region Canary, First Assistant District Attorney Mike Stine said the primary aggravated assault charge was dropped because it did not fit the facts of the case because Santana Alvarez did not assault anyone on the night of the traffic stop.
Stine also said that the second felony charge was amended to a misdemeanor because Santana Alvarez’ alleged actions that night fit the statute of the lesser charge better.
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