ALBANY, N.Y. (NEWS10) — The man, who was the suspect in an AMBER Alert issued out of Clifton Park, was taken into custody by the Albany Police Department Friday night.
Nivaldo Oliveira, 41, was taken into custody and turned over to New York State Police just after 9 p.m. Friday near Ontario Street and Livingston Avenue in the city of Albany. Gustavo Oliveira, 9, was also located and is safe.
Police charged Oliveira with the following:
- Kidnapping 2nd degree- B felony
- Burglary 1st degree- B felony
- Burglary 2nd degree-C felony
- Criminal Contempt 1st degree- E felony
- Criminal Mischief 3rd– E felony
- Criminal Mischief 4th degree- Damage Property- A misdemeanor
- Criminal Mischief 4th degree- Prevent Emergency Call- A misdemeanor
- Menacing 2nd degree- A misdemeanor
- Criminal Possession of a Weapon 4th degree- A misdemeanor
- Two counts of Endangering the Welfare of a Child- A misdemeanor
- Petit Larceny- A misdemeanor
The arrest was made after the father and son were seen by Albany residents, who called police, New York State Police said.
Nivaldo was evaluated at Albany Medical Center after sustaining minor injuries while attempting to avoid arrest, according to police. Oliveira was arraigned on only the felony charges listed above in the town of Halfmoon Court and remanded to Saratoga County Jail in lieu of $210,000 cash, $420,000 secured bond or $630,000 unsecured bond. State Police say the misdemeanor charges are still pending.
State Police say they responded to a disturbance at the Twin Lake Apartments shortly after midnight on Friday. Once on scene Police say they found a woman who had taken refuge in an empty apartment near her home after a domestic dispute. On scene investigation found the woman had a 6-year-old child at the home when Nivaldo Oliveira forced his way into the home by breaking a downstairs window.
Police say the woman barricaded herself and the child in an upstairs bedroom, but Oliveira broke the door and chased the woman with a hammer. The woman reportedly jumped out of a second story window, injuring her ankle, but was able to hide in an empty apartment until police arrived. The child was reportedly unharmed and Oliveira left the scene.
The AMBER Alert was originally issued for a child abduction that occurred around 1 a.m. Friday. Police say Oliveira drove to Tallow Wood Drive in Clifton Park and forced his way into a relative’s home where his son Gustavo Oliveira was staying and took him. Police, at the time, believed the child was in danger of serious bodily harm and/or death
Nivaldo was accused of illegally entering his estranged wife’s apartment in the past.
According to a report in the Daily Gazette, he was arrested in February with charges of second-degree burglary and fourth-degree stalking. He was later arraigned and ordered held.
In the report, police said that around 10:30 p.m. on February 9, Nivaldo entered the woman’s home, disconnected a camera, and hid under a couch for some time and fled before police arrived. Meanwhile, the woman hid in the upstairs bathroom with Gustavo while calling 911.
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