Dad Detained by ICE Facing Child Exploitation Charges, Pleads Not Guilty

An artist from Brazil made national headlines when he was detained by immigration agents just months before the birth of his second child. Now he’s facing two federal charges of child sexual exploitation, which he and his wife have denied.

On Thursday, July 31, Guilherme Lemes Cardoso E Silva, 35, was charged with the possession of depictions of a minor engaged in sexually explicit conduct in the second degree and sexual exploitation of a minor in Washington state, according to court documents reviewed by PEOPLE. 

Just over a week later, on Friday, Aug. 8, Silva pleaded not guilty to both charges, a court spokesperson confirms to PEOPLE.

Silva was detained by ICE on Friday, July 11, while on his way to pick up his 4-year-old daughter, whom he shares with his ex-wife. Silva’s pregnant wife, Rachel Leidig, told PEOPLE at the time that he was “ambushed” by masked agents on a private road on San Juan Island in Washington state.

The couple previously told PEOPLE that Silva was in the process of applying for his green card with their immigration lawyer before he was detained, and had since submitted an I-485 (Application to Register Permanent Residence or Adjust Status). An I-130 (Petition for Alien Relative) has also been filed.

At the time of Silva’s arrest, Assistant Secretary Tricia McLaughlin of the U.S. Department of Homeland Security (DHS) claimed that Silva “entered the U.S. on a visa that allowed him to remain in the U.S. for no more than 6 months” and had “overstayed his visa by nearly 8 years.” 

His ex-wife formally withdrew her sponsorship when she filed for divorce in 2022, she confirmed to PEOPLE, alleging that he was officially notified in May 2023 that he would have 33 days to leave the country.

When Silva was detained by ICE, he had no criminal record, though allegations against him were reported to the San Juan County Sheriff’s Office in June. The case was dropped weeks later “due to lack of disclosure and evidence,” according to case documents.

On Monday, July 29, Leidig paid her husband’s bond in full, only for him to be transported from a detention center to Whatcom County Jail.

The muralist remained there until Friday, Sept. 12, when he was released on his personal recognizance. His bond is set at $250,000 or $25,000 cash, according to jail records. 

Silva’s phone is central to the charges against him. When he was first detained, he requested to see an arrest warrant. Instead, Silva was pulled from his vehicle and the phone he was using to record the incident was taken out of his hand before he was arrested, his wife alleged at the time.

According to the probable cause statement, during the arrest, Silva consented to be interviewed without a lawyer present and signed a DHS form permitting agents to search his phone.

During the interview, Silva confirmed that he was the sole owner of the iPhone and that no one else had used it or had the password. A Homeland Security Investigations special agent claimed that five photos were found, prompting the federal charges, according to court documents.

One image is of four prepubescent boys, one of whom is naked, while the other images are of an approximately 4-year-old girl. In one photo, the girl is seen naked in a bathtub with an adult male wearing shorts, whom the special agent believes is Silva, according to the statement.

A status hearing is scheduled for Wednesday, Oct. 1, followed by a jury trial on Monday, Oct. 27, according to court records. 

As Silva and his wife — who is due to give birth to their son any day now — await next month’s court appearances, they’re pushing back against the prosecutor’s claims.

“We’ve been advised by our legal counsel to not discuss details concerning Gui’s ongoing case at this time,” the couple says in a joint statement that Leidig shared with PEOPLE, calling the allegations “unfounded.”

Whatcom County Prosecuting Attorney Caleb Nagel did not immediately respond to PEOPLE’s request for comment. 

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In a statement, Silva’s ex-wife tells PEOPLE that “my foremost priority has always been, and will continue to be, the safety and well-being of my child and our family.”

“Since our divorce, I have done everything within my ability to ensure that Guilherme maintains a healthy and meaningful relationship with the daughter we share,” she adds. “As for the criminal charges that Guilherme faces in Whatcom County, this is an ongoing case and I await the final verdict.”

“Going forward, I respectfully ask that our privacy be honored, for the safety and emotional well-being of my child and our family,” she adds. “This is a profoundly difficult situation, and I deeply sympathize with everyone affected.”