Mistaken Identity: Wrong man arrested for indecency with a child

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Updated: 11/14/2012 10:11 am
SAN ANTONIO -- It was a case of mistaken identity that cost a San Antonio man thousands of dollars.

On October 22nd, Jose Hernandez, who goes by "Joe," was arrested at his home on charges of indecency with a child out of Harris County. Jose said if it wasn't for his family, he'd still be in jail.

We spoke to the Bexar County Sheriff's Office about how this happened. They told us they used information Harris County gave them and made the arrest.

"We have the identifiers from Harris County," said Lou Antu of the Bexar County Sheriff's Office. "We go off identifiers they sent us. They sent us his date of birth, his home address, and his driver's license number."

Jose says he's out $25,000 for the bail money he borrowed and the many trips he took to Harris County.

"I got I'm sorrys up and down from the judge, from the prosecutor," Joe told us. "And that's all fine and good, but I'm out a lot of the money. I'm sorry doesn't pay the bills."

The correct Jose Hernandez has not been arrested.
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The views expressed here do not necessarily represent those of News 4 WOAI (WOAI.com)

sraspusr20 - 11/15/2012 11:51 AM
0 Votes
This man needs his money refunded by the county since they made the mistake. Now he has a record, not fair to him.

fjm1061 - 11/14/2012 4:28 PM
0 Votes
Sue them Jose for the $25,000 and 1 million for wrongful imprisonment. There's a lawyer out there that will take your case for no money up front.

treeman - 11/14/2012 2:44 PM
1 Vote
Moonshine, I read this story in the paper a day or so ago. They made the point that the guy went back to the bond folks for a refund and they said no deal. No refund, regardless of circumstances. I agree that is isn't right, but this version of the story is the same as I read the other day. Bummer for sure. Looks like litigation is in this guys future, if he can afford it.

Lilly Langtry - 11/14/2012 12:57 PM
1 Vote
uh...y is he out the bail money? if charges were dropped due 2 mistaken id, the bail money should have been returned. something wrong with this story as written.

joedomino - 11/14/2012 12:48 PM
3 Votes
Harris county opening the phonebook seeing where the finger drops.

BatLover - 11/14/2012 12:37 PM
2 Votes
I hope this guy gets a lawyer and sues.

Ruger1 - 11/14/2012 12:15 PM
3 Votes
wow, this is a really sad story for this guy. there should be complete refund for cases of misaken identity! like this guy has $25k to throw around on an "oops"

Boberebop - 11/14/2012 11:17 AM
3 Votes
When law inforcement makes a mistake they should make it right. If the victim of law enforcments shabby unprofessionalism is out money they should be reimbursed what they are out and then some more for their trouble. Perhaps they wouldn't be so quick to throw someone in jail just because they have a warm body and a matching name (How many Jose Hernandez's are htere in South Texas) to parade before the press. Heads should roll in Harris County and perhaps in Bexar county also. Is this what our taxes are buying. You or I may be next. I know I don't have $25K to throw away.
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