SPRINGFIELD, VA — A Springfield man arrested on a drunken driving charge in Fairfax County in June has been indicted by a federal grand jury on a charge of illegally reentering the United States after previously being deported following a felony conviction, according to court records.
Melvin Elias Sorto Funes, also identified in federal records as Melvin Elias Sorto and Jose Sorto Funes, was indicted Thursday in U.S. District Court for the Eastern District of Virginia. The indictment charges him with one count of illegal reentry after removal subsequent to a felony conviction.
Federal prosecutors say Sorto Funes was found in Fairfax County on June 27 after previously being removed from the United States on or about Nov. 20, 2019, at or near Alexandria, Louisiana. According to the indictment, the earlier removal occurred after a felony conviction, and prosecutors allege he had not obtained permission from the U.S. attorney general or secretary of Homeland Security to reapply for admission to the country.
Virginia court records show Sorto Funes, whose address is listed in Springfield, was arrested June 27 and initially charged with DWI after a prior related felony conviction. The charge was later amended to first-offense DWI with a blood alcohol concentration between 0.15 and 0.20.
He pleaded guilty Sept. 2 in Fairfax County General District Court. He was sentenced to 179 days in jail, with 174 days suspended, leaving five days to serve. The court also imposed 12 months of unsupervised probation, suspended his driver's license for one year and ordered him to participate in the Virginia Alcohol Safety Action Program. He was fined $250 and assessed $337 in court costs.
A separate civil charge accusing Sorto Funes of refusing a blood or breath test in connection with the June 27 incident was dropped by prosecutors on Sept. 2, court records show.
Federal authorities filed a criminal complaint against Sorto Funes on July 27, and a magistrate judge issued an arrest warrant the same day. The case remained sealed until Sept. 3, when the warrant was executed.
At Sorto Funes' Sept. 3 initial appearance, federal prosecutors sought detention and a magistrate judge granted the request, remanding him to the custody of the U.S. Marshals Service.
At a Sept. 8 hearing, Sorto Funes waived his right to a preliminary hearing, and a magistrate judge found probable cause to send the case forward to a grand jury. Sorto Funes did not contest detention at that time and remained in federal custody.
The federal criminal case cover sheet identifies Sorto Funes as a native and citizen of El Salvador and lists a Springfield address. It also says he was arrested Sept. 3 and was in federal custody.
The grand jury returned the indictment Thursday. An arraignment is scheduled for 10 a.m. Thursday, Oct. 1, before U.S. District Judge Michael S. Nachmanoff in Alexandria.
An indictment is an allegation, and a defendant is presumed innocent unless proved guilty.
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