Charges dropped against citizen in Border Patrol raid

PORT CLINTON — The criminal case against Emerson Ayala, a U.S. citizen who was taken into custody during a June Border Patrol raid in Ottawa County, has come to an end. Ottawa County Municipal Court this week approved a motion from the county prosecutor's office to dismiss all charges, closing a case that began with a felony accusation and ended with prosecutors quietly backing away. Ayala, 43, of Indianapolis, was initially charged with assaulting a federal officer after the June 19 raid in Portage Township. Prosecutors later reduced the charge to misdemeanor resisting arrest before asking Judge Louis Wargo III to dismiss the matter outright. The judge signed the order, ending the two-month court battle. The raid targeted construction crews and local job sites. Ayala was detained along with several workers at the entrance to the Catawba Island causeway. But unlike others taken into custody, he is a U.S. citizen with a degree in construction management. He has said he was present to supervise young workers, not to perform labor himself. "I was only on the job site teaching them how to do synthetic stucco," Ayala told the Register. "Usually, I'm in my office working on blueprints and estimates." His attorney, Alonda Bush, welcomed the dismissal but called the arrest a clear overreach. Bush provided a statement on the case: "I am honored to have had the opportunity to represent Mr. Ayala in the face of the government's gross violation of his constitutional rights," Bush said. "While I appreciate the dismissal of his case, if the system had worked correctly, he never would have been detained and charged to begin with. "His quick thinking in recording the encounter with Border Patrol Agents was critical, as it preserved the truth, Mr. Ayala's experience, and provided solid evidence to counter the agent's allegations that Mr. Ayala assaulted him. "The government and Border Patrol hold a significant amount of power over individuals, especially once the criminal process is invoked. It is difficult and overwhelming to challenge that power as the accused. I deeply appreciate Mr. Ayala trusting me to be his voice and advocate through this process." The decision to file — and then abandon — a felony charge of assaulting a federal agent has fueled criticism of how the raid was carried out. The most serious accusation against Ayala never advanced, and the federal agency has not publicly explained why he was targeted in the first place. The Border Patrol has declined to provide additional comment on Ayala's detention.