LOS ANGELES (AP) — In a surprising twist, federal immigration officials permitted a suspect in a $100 million jewelry heist, reportedly the largest in U.S. history, to voluntarily deport himself to South America last December. This decision caught prosecutors off guard, as they had been preparing to prosecute and potentially imprison him.

Jeson Nelon Presilla Flores was among seven individuals charged in connection with the theft, which involved trailing an armored truck to a secluded freeway rest area north of Los Angeles in July 2022. The group made off with an impressive haul of diamonds, emeralds, gold, rubies, and luxury watches.

Flores, facing charges of conspiracy and theft related to interstate and foreign shipments, could have faced up to 15 years in federal prison if convicted. He maintained his innocence by entering a not guilty plea.

According to court documents, first detailed by the Los Angeles Times, Flores was deported by U.S. Immigration and Customs Enforcement after he opted for voluntary departure in late December.

The jewelers affected by the theft are also seeking explanations for the unexpected turn of events.

“When a defendant in a major federal theft case leaves the country before trial, victims are left without answers, without a verdict, and without closure,” said Jerry Kroll, an attorney for some of the jewelry companies, told the Los Angeles Times.

ICE did not immediately respond to an e-mailed request for comment.

Flores’ attorney, John D. Robertson, motioned to dismiss the indictment against his client asking for the charges to be permanently dropped and the case closed.

Federal prosecutors oppose the motion and say they still hope to bring Flores to trial, asking for charges to be dropped “without prejudice” to keep the door open for criminal prosecution in the future.

Despite Flores being a lawful permanent resident and released on bail, he was transferred to ICE custody in September, according to court filings from the defense. Federal prosecutors say they were unaware Flores had an immigration detainer.

This was a violation of his criminal prosecution rights and warrants his case getting dismissed, Robertson said in his motion.

Flores opted for deportation to Chile during an immigration hearing Dec. 16, according to court documents. The judge denied his voluntary departure application but issued a final order of removal, and he was sent to Ecuador.

“Prosecutors are supposed to allow the civil immigration process to play out independently while criminal charges are pending,” federal prosecutors wrote in their motion opposing the case dismissal. “That is exactly what they did in this case — unwittingly to defendant’s benefit in that he will now avoid trial, and any potential conviction and sentence, unless and until he returns to the United States.”

What happened to Flores is extremely unusual, especially in a case of this significance, according to former federal prosecutor Laurie Levenson.

Ordinarily, if a criminal defendant had immigration proceedings against them — which is common — immigration officials would inform prosecutors what was happening. In minor cases, a defendant can sometimes choose to self-deport in lieu of prosecution.

“It’s just beyond me how they would deport him without the prosecutors … being in on the conversation,” Levenson said. “This really was the left hand not knowing what the right hand was doing.”

The infamous jewelry heist unfolded in July 2022 after the suspects scouted the Brink’s tractor-trailer leaving an international jewelry show near San Francisco with dozens of bags of jewels, according to the indictment. While the victims reported more than $100 million in losses, Brink’s said the stolen items were worth less than $10 million.

A lawsuit filed by the Brink’s security company said one of the drivers was asleep inside the big rig and the other was getting food inside the rest stop when the thieves broke in.