By John Hinton
Winston-Salem Journal, N.C.
GUILFORD COUNTY, N.C. — A former Guilford County detention officer is facing charges that he forged the signatures of magistrates to allow U.S. Immigration and Customs Enforcement officers to take custody of inmates, the Guilford County Sheriff’s Office said.
Michael Shaun Diehl, 40, of Climax in southeastern Guilford County, is charged with 20 counts of common law forgery, according to two arrest warrants.
Diehl was released from custody after he posted a $5,000 bond, the sheriff’s office said. Diehl is scheduled to appear on Nov. 10 in Guilford District Court.
Diehl has been fired as a detention officer with the Guilford County Sheriff’s Office, the agency said. Diehl was hired on June 1, 2008, for that job.
The Guilford County Magistrate’s Office notified the sheriff’s office Friday about a potentially forged court document submitted by Diehl, the sheriff’s office said.
The document is entitled “Order After Receipt of ICE Detainer and Administrative Warrant,” an AOC-CR 662 form, the sheriff’s office said.
The form was associated with an ICE detainer issued for inmate Claudio Nepornuceno.
The magistrate’s office and detention staff determined that the document contained the allegedly forged signature of a different magistrate who didn’t process Nepornuceno’s initial arrest, the sheriff’s office said.
Under state law when inmates are subject to ICE detainers, they must be presented before a magistrate with a copy of the ICE detainer, the sheriff’s office said.
The magistrate may then issue an AOC-CR-662 form, which authorizes the Guilford County Jail to hold inmates for up to 48 hours beyond the time they would be entitled to be released from custody, the sheriff’s office said.
The 48-hour window allows ICE to take custody of the inmates. In this case, investigators determined that Nepornuceno was not presented before the magistrate with the detainer, the sheriff’s office said.
An AOC-CR-662 form containing the magistrate’s allegedly forged signature was submitted, the sheriff’s office said.
Investigators identified 19 additional AOC-CR-662 forms associated with 19 inmates that contained allegedly forged signatures of magistrates.
Diehl is accused of forging those signatures of magistrates on these forms, according to the arrest warrants.
It appears that in these 20 cases, ICE issued detainers based on evidence that the inmates had violated U.S. immigration law, the sheriff’s office said.
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