Staff Report
SAN MARCOS — Xavier Isaiah Gutierrez left the Hays County Jail in July, after allegedly impersonating another inmate and was subsequently charged with escape. Now, local attorney Chevo Pastrano said the charge is to divert attention from systemic and procedural failures by the Hays County Jail.
Pastrano stated in a news release that his client, Gutierrez, did not cut through or climb over a perimeter fence of the Hays County Jail, hide in a delivery or maintenance vehicle leaving the Hays County Jail or attempt to run away from an officer during a medical visit to Ascension Seton Hays Hospital.
Instead, he said that, on Saturday, July 18, Gutierrez was called out of a holding cell and allowed to watch television in the booking area for an extended period of time. Then, officers “punched him out” of multiple secured doors, while giving Gutierrez directions on how to depart the premises of the Hays County Jail.
The Hays County Sheriff’s Office stated that Gutierrez impersonated the actual inmate that was supposed to be released, Zavier Aldaca, though Pastrano argued that there were “obvious” differences between the two, such as hair color, 5 inches of height and 50 pounds of weight.
Pastrano said jail staff had several methods available to verify Gutierrez’s identity before allowing him to leave, including iris cameras, booking photos and identification records.
“In truth, the Hays County Jail failed to implement a series of steps which would have confirmed that the correct inmate would be released, including, but not limited to:
1. Use of one of two (2) IRIS Cameras purchased for use in the Hays County Jail;
2. Confirming through the use of a booking photo that the correct inmate was being released; and
3. Confirming through the use of a Texas driver’s license that the correct inmate was being released,” said Pastrano.
After being returned to the jail, Gutierrez agreed to plead “no contest” to the misdemeanor offense of evading arrest in exchange for the escape charge to be declined for prosecution by the Hays County District Attorney’s Office.
Gutierrez appeared in court the afternoon of Thursday, Aug. 27, to enter his plea and was sentenced to the time served in the Hays County Jail for the evading arrest charge. According to Pastrano, he remained in custody following the hearing as he awaited transfer to Brazoria County to address pending charges.
According to a statement from the Hays County Sheriff’s Office public information officer Mark Andrews, an internal investigation is under way.
“The Hays County Sheriff's Office is conducting a thorough review of the incident and remains committed to identifying any necessary improvements to its procedures and safeguards to help prevent a similar incident from occurring in the future,” he said. “The sheriff’s office is aware of the plea agreement and respects the district attorney's decision to dismiss the escape charges.”
