The undocumented immigrant who allegedly drove drunk and killed a Weedsport man in November was back in court on Wednesday, December 18.

Heriberto Perez-Velasquez appeared in order to have his bail status reviewed by the Honorable Thomas G. Leone, pursuant to the Bail Elimination Act.  Courts across New York within the next two weeks are required to bring in every defendant being held on bail in order to review their status after the first of the year, based upon the new laws.  The Courts will be required to Order the Release of all those whose charges are on the list of charges for which they cannot be held pending the posting of bail as of January 1st, 2020. These new laws are already leading to the release of hundreds of potentially dangerous defendants across New York State.

Investigators said his blood alcohol content was more than double the legal limit when he killed Mark Knapp.

Heriberto Perez-Velasquez is now being held on a half-a-million-dollars bail.

Cameras were not allowed in the courtroom, but inside, Perez-Velasquez was wearing headphones that a translator spoke into.

Mark Knapp’s family filled one side of the room, as the judge decided it was best to set bail high enough to keep him in jail and avoid the chance of him making bail, then being detained by ICE.

When Perez-Velasquez left the room, he locked eyes with one of his friends, who said it’s a relief that he has to stay in jail.

“He’s where he needs to be, I feel because he’s away from the bad situation but he’s where he needs to be,” said Robyn Meade, Perez-Velasquez’ friend.

Meade admitted he has an alcohol problem. “I’m actually relieved. I’m glad they did it that high because I don’t think he should be out. He should be right where he is,” Meade said.

When asked if she thinks Perez-Velasquez is a danger to himself and others, she responded, “Yes, yes I actually do because if he’s out I think he’d be drinking again. I really do.”

Mark Knapp’s family declined to speak.

Perez-Velasquez’s girlfriend said she’s also glad he will remain in the county, close to his two-month-old daughter Isabella Grace.

Cayuga County District Attorney, Jon E. Budelmann held a press conference to discuss how the bail elimination act impacts this case, and the impact of the bail elimination act in general and the dangers that our communities face if the Governor and the State Legislature do not take action to delay or modify these “reforms” which they set in motion to take effect January 1, 2020.

Budelmann pointed out what a terrible example of the danger the public faces due to the implementation of the Bail Elimination Act is concerning the homicide of Mark Knapp.

Heriberto Perez-Velasquez has been charged with causing that death in a 0.21% BAC Drunk Driving Crash on November 10, 2019 in the Village of Weedsport.

Just three weeks earlier, the defendant had been charged with Aggravated DWI (0.22% BAC) and Resisting Arrest in Wayne County. Budelmann pointed out their (Wayne County) Centralized Arraignment Part (CAP) had already implemented policies and procedures in conformity with these new reckless (“reforms”) laws. This resulted in the release of this defendant that same morning on just an appearance ticket. Portions of this story courtesy of news partner 13WHAM