CLINTON — Two siblings are charged with felony burglary in connection with a burglary alleged to have occurred last weekend.
Luis H. Alvarez, 38, 446 Fourth Ave. South, is charged with one count of first-degree burglary, a Class B felony, and one count of going armed with intent, a Class D felony. Vanessa M. Alvarez, 35, is charged with one count of second-degree burglary, a Class C felony, and one count of interference with official acts, a simple misdemeanor.
Arraignment for Luis Alvarez is scheduled for 8:30 a.m. May 28. Bond for Luis Alvarez is set at $25,000, cash or surety. Vanessa Alvarez was granted retrial release with supervision. The order says she is released under the supervision of the Seventh Judicial Department of Correctional Services on terms as set by her probation officer. A preliminary hearing in her case is scheduled for 8:30 a.m. June 5.
According to the affidavit, at 11:02 a.m. Sunday, officers were dispatched to remove subjects from a property. Officers were informed the situation sounded volatile and things “were getting physical”. Officers upon arrival saw Luis Alvarez standing in the driveway of the residence. He put his hands above his head and walked back to the officers’ location without any verbal orders. An officer patted Luis Alvarez down for weapons. Alvarez said he had brass knuckles, which the officer removed from Alvarez’s pocket. The officer also located a loaded handgun magazine in Alvarez’s sweatpants pocket, court records state.
Luis Alvarez was detained in handcuffs and taken to the officers’ squad vehicle. Alvarez consented to a search of the vehicle he used to travel to the house. During the search, an officer located a black knife with a spring-loaded blade under the passenger side seat, court documents state.
Vanessa Alvarez was also detained.
The affidavit states officers determined from various interviews that Luis and Vanessa Alvarez showed up to the residence “unannounced and unwelcome.” Vanessa Alvarez was demanding her two daughters from the father of the children. The residents were unwilling to allow her to leave with the children. Luis and Vanessa Alvarez walked to the side of the residence, where they could gain access through a sliding door into the living room. A physical altercation took place between Luis Alvarez and two men. Vanessa Alvarez was able to enter the residence.
The affidavit continues that Luis Alvarez took a couple steps inside the residence and grabbed one of the children from Vanessa Alvarez. Luis Alvarez began to walk back to the vehicle and was approached by two men. The two men said Luis Alvarez pulled a knife and “held it up in a threatening manner.” The two men backed off. Luis Alvarez was unable to place the juvenile in the vehicle. He then walked the juvenile to the neighbor’s house.
The two men stated Luis Alvarez wanted to reenter the residence for Vanessa Alvarez and the other juvenile. The two men wanted to keep Luis Alvarez away from the house “and a physical encounter ensued.” The affidavit says Luis Alvarez removed brass knuckles from his pocket and swung at the men, striking one of the men on the back of his head. The man showed officers where he was struck. Officers observed redness and swelling.
The affidavit says that during the interview, Luis Alvarez acknowledged his intent to travel to the residence to retrieve his nieces. He said he brought his brass knuckles and knife ”knowing he’d have to use them to defend himself.”
The affidavit says Vanessa Alvarez admitted to grabbing her daughter and handing her to Luis Alvarez. She also admitted she was trying to get her other daughter when the officers arrived at the residence.
Vanessa Alvarez had dropped off her children at the father’s residence on Saturday. There is no custody agreement between Vanessa Alvarez and the father of the two children, the affidavit says.