CAPE MAY COURT HOUSE, N.J. — The Cape May County Prosecutor's Office appealed an Atlantic County Superior Court judge's order on Monday, October 26, releasing Lucio Lopez-Perez, 36, of Erma, before trial, and a stay was granted, Middle Township Mayor Christopher M. Leusner said, according to Cape May Scanner. Lopez-Perez remains in custody.

Source: Cape May Scanner

The prosecutor's office "acted quickly to appeal that decision" and "a stay was granted to prevent his release," Mayor Leusner said in a statement Monday evening, Cape May Scanner reported. Leusner said Lopez-Perez should remain detained, answer the charges in a New Jersey courtroom and then be turned over to ICE for deportation proceedings.

The judge had denied two motions by the Cape May County Prosecutor's Office to keep Lopez-Perez in jail until trial, court records show, and an immigration detainer from US Immigration and Customs Enforcement remains in place, The Press of Atlantic City reported, according to Cape May Scanner. Lopez-Perez remains in Cape May County custody until his next court date in December, Rep. Jeff Van Drew's office said.

Source: Atlantic County Times / The Press of Atlantic City

Lopez-Perez is charged with driving while intoxicated, assault by auto and violation of public health and safety law resulting in serious bodily injury, along with traffic offences, after Middle Township Patrolman Austin Kapurelos was struck during a traffic stop on Route 47 South on October 16, according to Middle Township police. Kapurelos was taken to AtlantiCare Medical Center in critical but stable condition, police said. All charges are allegations, and Lopez-Perez is presumed innocent unless proven guilty.

Congressman Van Drew said on October 26 that he is demanding local authorities cooperate with ICE to transfer Lopez-Perez into federal custody when his state detention ends, the Atlantic County Times reported. "I am glad the release order has been stayed, but that is not enough," Van Drew said in a statement quoted by the outlet. "He has an active ICE detainer, and I am demanding that local authorities fully cooperate with ICE to ensure he is transferred into federal custody when his state detention ends."

Source: Atlantic County Times

According to Middle Township police, Kapurelos was conducting a motor vehicle stop on Route 47 South shortly after 10 p.m. on October 16 when he was struck by a passing vehicle driven by Lopez-Perez, who remained at the scene and was taken into custody. Route 47 South was closed for about four hours during the crash investigation, police said.