In a recent development, the escape charge against an inmate from the Hays County Jail has been dropped, according to the inmate’s attorney. The case initially appeared to be a clear-cut instance of an escape, as law enforcement believed that 21-year-old Xavier Gutierrez had managed to walk out of jail by impersonating another inmate with a similar name.
However, Gutierrez’s attorney, Chevo Pastrano, presents a different narrative. He claims that Gutierrez did not escape in the traditional sense but was instead misled by jail staff during a release process. According to Pastrano, the officer confirmed Gutierrez’s identity without thorough verification, leading to a misunderstanding about his release.
On July 18, the Hays County Sheriff’s Office reported that Gutierrez had escaped while posing as another inmate, Zavier Aldaco, who was due for release. At the time of his alleged escape, Gutierrez was facing charges related to felony theft and evading arrest. A warrant for his escape was issued shortly after the mix-up was discovered, and he was apprehended without incident on July 22 in Guadalupe County.
Pastrano elaborated on the incident, explaining that Gutierrez was confused when told he was being released. “He questioned the officer, asking if he was sure it was him, and the officer assured him it was,” Pastrano stated. He added that Gutierrez had spent time at a friend’s house after the supposed escape before the warrant was issued, suggesting that the situation was not as sinister as initially portrayed.
The attorney argues that the focus on the escape charge detracts from significant systemic failures within the Hays County Jail’s procedures. He highlighted stark physical differences between Gutierrez and Aldaco, stating that they are not only different in size but also in hair color, which raises questions about how such a mix-up could occur.
“There are numerous safeguards in place designed to prevent these types of errors, but the effectiveness of these systems relies heavily on the personnel operating them,” Pastrano remarked.
In light of the incident, the Hays County Sheriff’s Office has announced a comprehensive review of the circumstances surrounding Gutierrez’s escape. The agency aims to identify necessary improvements to ensure that similar incidents do not recur in the future.
Pastrano confirmed that the Hays County District Attorney’s Office has opted not to pursue the escape charge against Gutierrez. Instead, he will plead ‘no contest’ to the lesser charge of evading arrest, for which he is expected to receive a sentence equivalent to the time he has already served in custody.
Efforts to obtain comments from the Hays County Sheriff’s Office regarding the incident have yet to yield a response.
