Did Border Patrol arrest U.S. citizen?

PORT CLINTON — The immigrant enforcement sweep last Thursday in Danbury Township resulted in several detentions by Border Patrol, including a man whose family and attorney say is an American citizen. Emerson Ayala was among several workers detained from a construction site at the entrance to the Catawba Island causeway when federal agents searched several area businesses. But Emerson Ayala's daughter, Ashley Ayala, claims he was detained unlawfully. "My father was taken to detention, and he is a citizen," Ashley Ayala said. Ashley Ayala told the newspaper that her father was working on the construction of a new hotel— and, on Thursday night, ICE and Border Patrol arrested several workers from the site. According to her, Emerson Ayala began recording Border Patrol agents rounding up both his employees and employees of other subcontractors. "They arrested one of our guys and several of the tile workers from another company," she said. While filming the arrest, Emerson Ayala was confronted by an agent who asked, "Are you illegal?" to which Emerson replied, "I don't answer questions," according to the video recording taken by Emerson Ayala that was reviewed by the newspaper. The Border Patrol agent, later identified as Agent Eric Beard, then grabbed a working harness Emerson Ayala was wearing, the video shows. Emerson Ayala then told the agent to release him and when he put his own hand on the harness and attempted to pull away. Beard then told him he was under arrest for assault. According to the video, Beard did not tell Emerson Ayala he was being detained before placing his hands on him. Grabbing Emerson Ayala by the chest might have aggravated a preexisting medical condition, his daughter said. "My dad has heart troubles, he has a pacemaker, and the agent really grabbed that and it hurt him," Ashley Ayala said. Ashley Ayala claims her father was taken to Border Patrol's Port Clinton Detention Center until it was discovered that he is an American citizen, after which he was taken to Ottawa County Jail and booked on the charge of assaulting a federal agent. "My dad said when they took him to the jail, the agents were figuring out how to charge him since he is a citizen," she said. "I guess they chose this." Emerson Ayala was arraigned on Monday in Ottawa County Municipal Court, where his bail was set at $150,000 with a 10% option. The family put up his bail and he was expected to be released that day. Following his arraignment, Emerson Ayala's attorney, Alonda Bush, with Ohio Legal Group, reiterated her client's innocence and reminded the public that as an American, Ayala has the right to due process. "Mr. Ayala refutes the charges against him, and being an American citizen, will have his constitutionally protected day in court," she said. Outside the courtroom, a reporter spoke with Beard, who acknowledged his role in the arrest but refused to answer questions, including if he had the right to make an arrest and if he felt Emerson Ayala had assaulted him. "You newspapers are going to print whatever you are going print," Beard told the reporter. While Bush allowed the newspaper to review the video of the arrest, she did not give a copy to the newspaper. The attorney said she would be willing to release it after Emerson Ayala's next court appearance, which will be June 30 at 9 a.m. A search of Ottawa County Municipal Court records does not appear to list his case in the publicly accessible online docket search. He also, as of Monday morning, did not appear on a list of current inmates at the Ottawa County Jail. Since records on the case do not appear to have been publicized, it's not clear which law enforcement agency is considered the arresting agency.