A Dallas couple who was jailed and charged with murder before later being deemed innocent is suing the detective responsible for their incarceration.
Basilio Tovar, 50, and Rubi Esparza, 33, are suing Dallas Police Detective Josue Rodriguez, claiming that he violated their Fourth Amendment rights by including “misleading” information in an affidavit that got them arrested, according to WFAA.
The lawsuit claims that Rodriguez was “recklessly or callously indifferent” to the couple’s rights.
The couple was arrested on December 19 and accused of killing Xavier Ramon Hernandez-Hankins, 29, who was dating Tovar’s sister at the time.
On November 5, 2022, Tovar, Esparza, Tovar’s sister, and Hernandez-Hankins had met at a bar. Hernandez-Hankins reportedly became upset about an undisclosed matter and left on foot.
After he exited the bar, Hernandez-Hankins was shot and killed by a driver in a black Silverado, similar to the car Tovar and Esparza drive. The couple was apparently not aware of his death until later.
The shooting occurred in District 3, which, at the time, was represented by Dallas City Council Member Casey Thomas II.
It was later determined that the couple was innocent. However, before that determination was made, they were held in jail over Christmas.
Esparza wound up spending 10 days in jail, while Tovar wound up spending 11.
In a statement at the time, the Dallas Police Department said that the “detectives … had probable cause the suspects were involved in the murder,” per WFAA.
“Upon further investigation, it was determined they did not commit the crime,” it read. “We can confirm the paperwork has been filed for the charges to be dropped.”
Several weeks later, Bernadino Delgado Jr., 47, was arrested in connection with the murder of Hernandez-Hankins.
On the whole, Dallas has seen 157 homicides this year, according to Dallas Police Department data as of August 15. This represents a 6% increase from the same period last year.
Some of the crime increase in Dallas may be a product of an understaffed police force. As previously reported by The Dallas Express, DPD is currently facing a staffing shortage, with only around 3,100 officers on duty. A City analysis recommends maintaining about three officers for every 1,000 residents, putting an ideal force for a city of Dallas’ size at roughly 4,000 officers.
The shortage has been especially felt in Downtown Dallas, which has logged considerably more incidents than Fort Worth’s downtown area, where a dedicated police unit patrols alongside private security guards.
