Man accused of killing NC deputy Ned Byrd remains in Mexico a year after his Virginia jailbreak

WAKE COUNTY, N.C. (WTVD) -- The Charlotte shooting emphasizes the risks law enforcement officers face every day when they put on their uniforms and head out the door. The job can be deadly and for the law enforcement community, it can also lead to a long fight for justice.

May 1st marks one year since the man accused of killing Wake County Deputy Ned Byrd escaped from the Piedmont Regional Jail in Virginia and made his way to Mexico.

Alder Marin-Sotelo was captured four days later some 2,400 miles away. A year later, Wake County is no closer to having him face a judge.

ABC11 is learning that there's already been a hearing. The United States Department of Justice won the right to an extradition, but Sotelo is appealing that ruling.

The case is now in a holding pattern.

"I don't think you ever truly just move on completely. It's always there," said Wake County Sheriff's Office Chief Tony Godwin. "When something like this happens anywhere, we feel it."

There are memorials now all over the Wake County Sheriff's Office honoring Byrd and the sacrifice he made.

"The longer that (case) takes, the more you're living with the feeling that it's dragging out and this thing's never going to end," said Godwin.

In August of 2022, Byrd was on patrol with his beloved K9 Sasha when he pulled over to check out suspicious activity.

Two brothers are accused of ambushing him - allegedly shooting Byrd three times in the head and once in the chest.

They were arrested and charged with murder. A Wake County grand jury later indicted them.

Authorities say Sotelo escaped from the Virginia jail where he was being held before trial. His sister is accused of helping him make the brazen jailbreak possible by providing a getaway car.

RELATED |Search warrants detail moments leading up to the killing of Wake County deputy Ned Byrd

There was an intense manhunt. After four days of searching, Sotelo was captured 2,400 miles away from that Virginia jail all the way across the border in Mexico.

"Certainly you don't ever want to see someone escape and then in this situation, be able to escape and make it to a different country and then kind of throw us into a situation where we have very little control over and our courts have very little control," said Wake County District Attorney Lorrin Freeman

Wake County asked the Justice Department department to help with extradition.

"It's a frustrating part of it. Obviously, it's not something that we typically deal with in cases," said Freeman. "It's something I wish we weren't having to deal with in this case, but justice moves slow sometimes. Ultimately, I believe we will see justice done in this case."

There's a treaty in place between the United States and Mexico.

To get a more favorable ruling for extradition, which complies with Mexican law, Wake agreed to drop the possibility of the death penalty for both brothers.

"Our hands were tied if we were going to get him back here to face justice and we think it's important that he come back to Wake County to face a jury here," said Freeman.

ABC11 spoke with Immigration Attorney Ana Nunez generally about extradition.

"That's pretty far along in the process," she said. "The fact that it's this far along is a good thing. It sounds like the agencies are working well together."

She says the case is moving through the Mexican court system quickly considering Sotelo is a Mexican national. Nunez also explains the justice department doesn't get involved in every fugitive request.

"They're going to pick what cases they want to extradite so, the fact that they've chosen this one and it's kind of gotten pushed through the system is a good sign," said Nunez.

This case involving the death of an officer is moving along, as another one is tragically just beginning in Charlotte. Four law enforcement officers were killed in that shooting, and it's placing the greater spotlight on those who serve and protect.

"Law enforcement is truly a calling. It's not a job. it's a calling. It's something we all dedicate our life to and we understand the sacrifices," said Godwin. "When it happens in your own agency, it's tough."

Freeman plans on trying the brothers together.

Both have pleaded not guilty to the charges.

RELATED | Third brother charged in shooting death of Wake County deputy Ned Byrd

THE ESCAPE TO MEXICO

On May 3, 2023, federal court documents uncovered by ABC11 revealed that Marin-Sotelo's sister, Adriana Marin-Sotelo, had been arrested in High Point on accusations she helped him escape the Virginia jail. Investigators said Adriana paid someone $2,500 to leave a car in the jail parking lot for Alder to use to make his escape.

Jail surveillance video recorded Alder jumping the jail fence around 1:40 a.m. Sunday and getting into an early 2000s red or burgundy Ford Mustang with a 30-day temporary tag. The FBI released images of the vehicle, but at this point, it and Alder remain at large.

Before that could happen, the vehicle had to be taken to the jail parking lot. According to the federal criminal complaint, plans for that began April 28. Inmates in the jail worked with family members and friends outside the jail to arrange to have someone pick up the car in High Point and park it at the jail by midnight on April 29.

Investigators said surveillance video showed the Mustang arriving at the parking lot around 10:45 p.m. on April 29. Three hours later, Alder is seen on video scaling the jail fence, getting into the Mustang and driving off.

The federal court complaint then reveals that the people who dropped the Mustang off in the parking lot were expecting to receive a second $2,500 payment, but that payment never arrived.

Adriana Marin-Sotelo faces a charge of conspiracy to instigate or assist escape. Tuesday afternoon, a court ordered her to remain in the custody of the US Marshal's Office. She told the court she was not a U.S. citizen.

In August 2023, Marin Sotelo reached a plea deal with the feds in exchange for evidence against her brother for a shorter sentence. According to the Farmville Herald, she pleaded guilty to one count of conspiracy to assist, instigate an escape.