Judge orders teen moved to Johnson County Jail, pending bed at juvenile center

IOWA CITY — A judge ruled Friday that a 17-year-old, accused of sexually abusing a 12-year-old girl in Iowa City in March, will be transferred to the Johnson County Jail from a juvenile detention center, where he has been assaultive and possibly harming himself.

Johnson County Attorney Rachel Zimmermann Smith, during a Thursday hearing, asked 6th Judicial District Judge David Cox to move Luis Angel Borjas Flores from the Northwest Iowa Youth Emergency Services Center in Cherokee to an adult jail because of his “disruptive and assaultive” behavior at the center.

She submitted a report from center officials on the incidents involving Borjas Flores while he’s been at the center but is not allowed to return, according to the report.

Johnson County Sheriff’s Capt. John Good, who is the jail administrator, testified during the hearing that Borjas Flores, after being charged as an adult with second-degree sexual abuse, was taken to the Cherokee center because no beds were available at the Linn County Juvenile Center.

Borjas Flores still is a juvenile and must be kept separate, out-of-sight and sound, of the adult inmates in a county jail, according to Iowa law.

Good said Johnson County has the room to keep the teen away from adult inmates and will continue to work on finding an appropriate juvenile facility for him.

Cherokee center

Sarah Hradek, Borjas Flores’ lawyer, said the teen attempted to leave the Cherokee facility and possibly tried to kill himself because he was unhappy being so far from his family. The center, she said, also didn’t have the resources needed for his behavioral issues — such as a padded room — and it also had limited staffing because of a COVID outbreak.

Good said Borjas Flores would be a good candidate for the Linn County Juvenile Center, and the sheriff’s office would work with them to place him there, though the center has no space for him right now.

Hradek and Zimmermann Smith also agreed that Borjas Flores should be placed in the Linn County facility.

Ruling

Judge Cox, in his order filed Friday, said Borjas Flores had struggled since being taken to the Cherokee center. He has been involved in physical fights with other teens, and there are concerns about him trying to escape, damaging property at the center and engaging in self-harm and/or considering self-harm.

“Finally, there is concern that others at the facility may try to harm the defendant and that the defendant may try to harm others at the facility,” Cox stated.

The Cherokee center also isn’t equipped to handle Borjas Flores and ensure his safety, Cox said in his ruling. The center also doesn’t have classes for him to attend because he can’t communicate in English. He also has behavioral problems.

A court interpreter was at the hearing on Thursday to help the teen understand the proceedings.

Cox also pointed out Borjas Flores will turn 18 in January, at which time he can be housed in a jail with other adults. He is charged with a Class B felony, which carries a 25-year sentence, and he will have multiple hearings pending trial. Those facts, he ruled, weigh in favor of moving Borjas Flores to a jail.

Borjas Flores also had a prior juvenile adjudication for engaging in illegal behavior, another factor to support moving him to a jail.

Cox ruled that Borjas Flores would remain in the Johnson County Jail until a bed is open at the Linn County Juvenile Center. Iowa law requires the court set a review hearing every 30 days. The first review will be on Oct. 22 in Johnson County District Court.

Borjas Flores is accused of sexually abusing a 12-year-old girl in March, according to a criminal complaint. The child reported he took her to a residence in Iowa City, and they engaged in a sexual act.

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