MECKLENBURG COUNTY, N.C. (QUEEN CITY NEWS) — Sheriff Garry McFadden came forward with information on Thursday regarding a Honduras national who was arrested in January for violent crimes, held for five days, and ultimately released from custody.
McFadden issued a statement on Thursday, claiming recent reports on U.S. Immigration and Customs Enforcement have been “incorrect and misleading.”
According to jail records, the suspect in question, Jose Napoleon-Serrano, 40, was taken into custody on Jan. 12, 2025, and charged with assault on a female, misdemeanor crime of domestic violence, and assault with a deadly weapon inflicting serious injury.
On Jan. 17, 2025, Napoleon-Serrano posted his $5,000 bond and he was released that afternoon.
According to McFadden, the Mecklenburg County Sheriff’s Office followed the state law by holding him for 48 hours, per a court order.
McFadden provided a timeline of events leading up to Napoleon-Serrano’s release. According to the sheriff’s office, Serrano was arrested by CMPD on Jan. 12 at 5:35 a.m. Mecklenburg County deputies reportedly determined he was a Honduran national during the intake process.
McFadden said that same day at 6:09 a.m., the sheriff’s office notified ICE, “with no response the entire day.” He said more than 24 hours later, on Jan. 13, at 11:18 a.m., the sheriff’s office received the ICE Detainer-Administrative Warrant.
McFadden said a 48-hour hold was signed and issued by a state magistrate. Then on Jan. 15, at 11:18 a.m., he said the court order on Napoleon-Serrano was lifted but he remained in custody at the Detention Center on his initial state charges with a $5,000 secured bond.
On Jan. 17, at 12:14 p.m., more than 48 hours later, McFadden said Napoleon-Serrano’s $5,000 bond was posted for his release. A magistrate issued a signed court order for his release.
McFadden said Napoleon-Serrano was held for five days with no ICE movement.
Below is part of McFadden’s statement to Charlotte-area news organizations:
MCSO received zero correspondence from ICE after they sent the detainer on January 13th. ICE was aware of Mr. Serrano’s status between January 12th-17th as they are privy to our various tracking systems.
ICE is more than welcome to pick up the phone – we will always remain transparent about a person’s release, but nowhere in House Bill 10 does it mandate local sheriffs to notify ICE of an individual’s release. ICE is also aware that Mr. Serrano had been deported twice before.
If they believed he posed a threat to public safety, I question why ICE didn’t charge Mr. Serrano with federal offenses under 8 USC 1325 (Improper Entry by Alien) and 8 USC 1326 (Re-entry of Deported Alien), instead of putting the burden on local sheriffs.
This is why I continue to emphasize the importance of open discussions with ICE — because simply deporting individuals is not an effective solution and does not make our communities safer.
So again, I have followed the law. I have my responsibilities as Sheriff of Mecklenburg County, and ICE has theirs. However, ICE cannot expect me to operate outside the scope of the law as my predecessors have done. I am not an ICE officer. I am the Sheriff, and my priority is serving and protecting my community while always upholding the law.
Sheriff Garry McFadden
This is a Developing Story. Check back for updates
