Alien charged for having firearm

Police responding to domestic assault call learn alleged victim's boyfriend not U.S. citizen

By Alex Bridges -- abridges@nvdaily.com

WINCHESTER -- Authorities responding to a domestic assault call say it was illegal for the alleged victim's boyfriend to have a firearm because he is not a U.S. citizen.
Jose de Jiminez-Melendez, 55, of 138 Sleepwood Lane, is charged with felony possession of a firearm by an alien.

Jiminez-Melendez appeared in Frederick County General District Court on Monday via video from the Northwestern Regional Adult Detention Center. Judge David S. Whitacre granted Jiminez-Melendez's release on a $2,000 secured bond. The defendant faces a preliminary hearing on the felony charge on April 24.

Frederick County Sheriff's Office Deputy S.M. Kahle responded to a report of a domestic assault and battery on Sleepwood Lane on Sunday evening. The deputy met with the alleged victim, who said her boyfriend, the accused, had assaulted her, according to the complaint.

"She stated that he choked her and threatened to kill her with a knife," the complaint states. "I could see red marks on her chest and throat and her shirt was torn so that both straps were torn on the front."

The woman told the officer she had dated the accused for three years and they often lived together, according to the complaint.

"When I spoke to Jose he stated nothing happened this evening and didn't touch [the girlfriend]," the complaint states.

The alleged victim also told the officer Jiminez-Melendez had a firearm but was not a U.S. citizen, according to Kahle. The woman showed the officer a .22-caliber carbine rifle she claims is her boyfriend's, Kahle states.

"When I asked Jose he stated he is not a citizen but applied for citizenship in 2001," the complaint states. "[He] stated he was holding onto the rifle for a friend. When asked how long he had had the rifle he state has had it for approximately 2 years."

Results of a preliminary breath test showed Jiminez-Melendez had a 0.04 percent blood-alcohol content, according to the complaint.

Jiminez-Melendez has lived in the Winchester area for seven years, court papers show.
A hearing on the misdemeanor domestic assault and battery charge is scheduled in Frederick County Juvenile and Domestic Relations Court on Feb. 13.