SAN MARCOS, Texas – A San Antonio man was released Monday from U.S. Immigration and Customs Enforcement custody, according to a family news release, more than 60 days after his arrest by a San Marcos Police Department officer who was later placed on administrative leave.
The legal team for Gerardo Gonzalez Reyes, 44, filed a habeas corpus petition after the City of San Marcos said three department violations occurred during his arrest. One of the arresting officers, Jaciel Cortina, was placed on a 24-hour suspension and was issued mandatory retraining.
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More than 200 people signed a petition to the Hays County District Attorney following the arrest.
“A 24-hour suspension did not bring our father home,” said Lupe Sarinana, Reyes’ daughter. “Community pressure did.”
Last month, the city said Cortina violated three policies, including:
- Policy 5.1: Departmental records related to an inaccurate statement on the probable cause affidavit
- Policy 6.1: Response to resistance and aggression related to a failure to articulate the basis for detention
- Policy 7.40: Investigations related to a failure to verify the juvenile subject’s location and investigative questioning prior to making arrests
The arrest occurred after 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 was the only officer who was placed 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 Combined Law Enforcement Associations of Texas said the accusations against Cortina were “unfounded and unsubstantiated,” and that its attorneys are representing her.
The San Marcos Daily Record reported Gerardo was shortly taken into ICE custody after his arrest, which sparked protests in the area.
The investigation is ongoing.
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