A Dallas couple is suing a detective with the Dallas Police Department after they unjustly spent Christmas in jail on murder charges.
Basilio Tovar and Rubi Esparza were arrested on July 19, 2022, for the murder of 29-year-old Xavier Ramon Hernandez-Hankins.
Hernandez-Hankins, who was dating Tovar’s sister, was shot and killed after a night out with Esparza, Tovar, and Tovar’s sister.
The 4 of them were at the Player’s Bar on West Illinois Avenue in Oak Cliff hanging out when Hernandez-Hankins became upset and left on foot. At around 1 a.m. he was found shot and succumbed to his injuries.
Police investigated surveillance video and found footage of a truck driving up the victim and shooting him before fleeing the scene. The couple, who didn’t find out about the shooting until later, drive a black Silverado with a bed cover that is similar to the suspect’s vehicle.
With that information, a probable cause arrest warrant was typed up and Tovar and Esparza were arrested.
Tovar’s cousin, who was at the bar the night of the shooting, works in attorney Chris Mulder’s office. Shortly after hearing about their arrests Mulder had tips come in and was able to collect incriminating information about the actual suspect.
Mulder went to the detective’s office with the information, however, he was on vacation. The couple was forced to spend Christmas in jail. They were immediately released upon his return from vacation.
Esparza spent 10 days in jail while Tovar spent 11 days behind bars.
Weeks later, 47-year-old Bernardino Delgado Jr. was arrested for the murder of Hernandez-Hankins.
In addition to Esparza losing her job, DPD seized the couple’s truck and their phones. All of which they still have not gotten back.
Their home was also raided by police, thankfully Esparza’s two children were not there at the time.
The detective assigned to the case is identified as Josue Rodriguez in the lawsuit. He is accused of violating Tovar and Esparza’s Fourth Amendment rights by writing an affidavit that had “misleading” information. Ultimately leading to their arrests.
Christmas sucks but not as much as jail
I don’t understand. They were arrested on July 19 and spent 10 and 11 days in jail. How does Christmas fall into that time line.
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