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San Marcos police officer on administrative leave after arrests lead to man in ICE custody

Gerardo Gonzalez Reyes, 44, and his son Esteban Reyes, 17, were arrested in March

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SAN MARCOS, Texas – A San Marcos police officer was placed on administrative leave on April 10 following the arrest of two people last month.

On Wednesday, the City of San Marcos released a statement regarding San Marcos Police Department (SMPD) officer Jaciel Cortina and the arrests of Gerardo Gonzalez Reyes, 44, and his son Esteban Reyes, 17, both from San Antonio.

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A press release from the City of San Marcos states SMPD officers received a report just before 4 a.m. on March 14 of a 15-year-old girl attempting to leave her mother’s house near the 1800 block of Post Road and get into a red pickup truck that was outside.

The mother of the girl told SMPD she believed an older man, whom she did not know, was trying to leave with her daughter.

Before officers were dispatched, it was not clear whether the 15-year-old girl was still at the house or whether she had left in the truck, according to the release.

A spokesperson for the City of San Marcos stated officers drove near Aquarena Springs Drive and Charles Austin Drive, where they discovered a truck that matched the mother’s description. SMPD later pulled the truck over and used the loudspeaker to ask the driver to exit the vehicle.

The driver of the truck, Esteban Reyes, did not respond, police said.

Officers called for backup, according to the release, and approached the truck.

Cortina was one of the officers who approached the driver’s seat where Esteban Reyes was sitting.

The release does not state which officer opened the door and physically removed Esteban Reyes from the truck. Cortina is the only officer on administrative leave, according to the City of San Marcos.

The 15-year-old girl was not in the red pickup truck that was described to officers, police said.

After an investigation, officers confirmed the 15-year-old girl never left the mother’s house, according to a City of San Marcos spokesperson, and no crime had occurred.

Jail records show both Gerardo and Esteban Reyes were booked into the Hays County Law Enforcement Center for interfering with public duties. Esteban Reyes was released on a $2,000 bond the same day, according to jail records.

Cortina, the arresting officer, discovered Gerardo Reyes had an immigration detainer issued by U.S. Immigration and Customs Enforcement (ICE) after he was booked.

An immigration detainer is a request sent from ICE to law enforcement agencies, including jails, to notify the immigration agency before releasing an immigrant and hold them for up to 48 hours.

“The arresting officer was not aware of the detainer while on the scene of the traffic stop,” the City of San Marcos stated.

The San Marcos Daily Record reported Gerardo was shortly taken into ICE custody after his arrest, which sparked protests in the area.

KSAT has reached out to ICE for Gerardo Reyes’ status.

The investigation is ongoing.


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