SAN MARCOS, Texas (KXAN) – The Hays County District Attorney’s Office has dropped an escape charge against a man who was mistakenly released from the Hays County Jail last month.
Xavier Isaiah Gutierrez was released from the jail back in July after authorities said he posed as another inmate, Zavier Aldaco, who was scheduled to be released. The Hays County Sheriff’s Office initially described the incident as an escape from custody and obtained an escape warrant for Gutierrez.
Gutierrez was later arrested in Guadalupe County.
Why was the escape charge dropped?
Gutierrez agreed to plead no contest to a misdemeanor evading arrest charge in exchange for the Hays County District Attorney’s Office declining to prosecute the escape charge, according to his attorney, Chevo Pastrano.
Attorney questions how Gutierrez was released
Pastrano says Gutierrez was taken from his holding cell and allowed to sit in the booking area while jail staff completed paperwork…