SAN MARCOS, Texas — Prosecutors have dropped an escape charge against a man the Hays County Jail released by mistake in July, after his attorney argued the jail, not his client, was to blame for letting him walk out the door.

Xavier Gutierrez, 21, was released from the Hays County Jail on July 18 in place of another man with a similar first name, Zavier Aldaco, who was scheduled to go home. Gutierrez had been held on a felony theft case and an evading arrest warrant, according to the Hays County Sheriff’s Office.

The Sheriff’s Office called it an escape and said Gutierrez posed as the other inmate. An escape warrant was issued, and the Sheriff’s Office fugitive unit arrested Gutierrez in Guadalupe County on July 22.

Escape charge dropped in plea deal

The Hays County District Attorney’s Office declined to prosecute the escape charge. Instead, Gutierrez agreed to plead no contest to a misdemeanor evading arrest charge and was expected to be sentenced to time already served, his attorney said in late August. He was then to be sent to Brazoria County to face pending charges there.

The Sheriff’s Office said it is “aware of the plea agreement and respects the District Attorney’s decision to dismiss the escape charge.”

Attorney: ‘They look nothing alike’

Gutierrez’s attorney, Chevo Pastrano, disputed that his client impersonated anyone. He said jail staff called Gutierrez out of his cell, told him he was being released, had him sign an electronic pad and escorted him through several secure doors. When Gutierrez asked whether it was really him being released, Pastrano said, staff told him it was.

Pastrano said the two men differ noticeably in height, weight and hair color. “They look nothing alike,” he told FOX 7. He said the jail skipped identity checks, such as comparing a driver’s license, and called the release the result of “systemic, procedural failures of colossal proportions by the Hays County Jail.”

Jail review underway

The Sheriff’s Office said an internal investigation is ongoing and that it is reviewing its procedures and safeguards to identify needed improvements. It has not announced any policy changes or discipline.

Families with a loved one in the jail can find contact numbers, visitation rules and other resources on the Hays County Jail Information Page.

Sources

• FOX 7 Austin — ‘Escaped’ Hays County inmate’s attorney speaks out; escape charge dropped (Aug. 27, 2026)
• CBS Austin — Attorney says escape charge stems from Hays County Jail failures (Aug. 30, 2026)
• KSAT — Escapee arrested in Guadalupe County after posing as another inmate at Hays County Jail (July 24, 2026)