WASHINGTON – A federal magistrate judge on Wednesday ordered the pretrial detention of a man charged with stealing a purse from Homeland Security Secretary Kristi Noem while she dined at a restaurant under the protection of Secret Service agents.
U.S. Magistrate Matthew Sharbaugh concluded after a hearing that the suspect, Mario Bustamante Leiva, must remain jailed because he poses a flight risk.
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Bustamante Leiva, a 49-year-old a native of Chile, pleaded not guilty to charges of wire fraud, robbery and aggravated identity theft.
Video captured Bustamante Leiva taking Noem’s purse while she dined at a restaurant in Washington, D.C., on April 20, investigators said. Bustamante Leiva also is charged with stealing purses from two other people at other restaurants earlier last month.
Prosecutors didn't argue that Leiva poses any danger to the public. One of his attorneys, Ubong Akpan, said purse snatching is “not the most serious case that we have in the federal courts.”
“He didn't even speak to anyone or touch a complaining witness,” she told the magistrate.
Sharbaugh said the charges are serious, but he acknowledged that the amount of money that Leiva is accused of stealing is relatively small compared to other federal fraud cases.
A Secret Service agent’s affidavit said Bustamante Leiva used Noem’s stolen credit cards to buy over $200 in food and alcohol at a different restaurant. But the indictment says that the amount of that unauthorized charge was just over $15.
The agent’s affidavit doesn’t name Noem, but the information in court records matches details of the theft from her. In a statement, Noem referred to the suspect as a “a career criminal who has been in our country illegally for years.”
Authorities said there was no evidence Noem was targeted because of her position.
A prosecutor, Benjamin Helfand, said Leiva has a history of skipping court dates for similar offenses, doesn’t have any ties to Washington and appears to be “almost transient.”
Akpan said Leiva has ties to New York and New Jersey. Akpan said a language barrier could explain why Leiva missed a recent court date after his arrest in a theft case in New York.
Police and federal agents arrested Bustamante Leiva on April 26. He and a second suspect, Cristian Montecino-Sananza, were indicted last Thursday. Montecino-Sananza isn't charged in the count related to the theft of Noem's purse. The affidavit said Bustamante Leiva appeared to be “acting in concert” with a second suspect during one of the other thefts.
Investigators said they identified Bustamante Leiva as a suspect in the thefts after he used a stolen gift card to make a purchase at a motel. He was shown a photo of Noem and told investigators that he didn’t know who she was, according to the affidavit. Investigators said they recovered Noem’s purse and wallet from his motel room.
U.S. Immigration and Customs Enforcement has lodged an immigration detainer against Bustamante Leiva.
The case against him is assigned to U.S. District Judge Trevor McFadden, who was nominated by Republican President Donald Trump.