Suspect Hastings

Released from Adams County Jail by mistake
Hastings Police arrested Jorge Garcia-Irias again Tuesday after he was mistakenly released from...
Hastings Police arrested Jorge Garcia-Irias again Tuesday after he was mistakenly released from the Adams County Jail.(Adams County Jail)
Published: Mar. 31, 2021 at 5:07 PM CDT
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HASTINGS, Neb. (KSNB) - A homeless man released by mistake Tuesday from the Adams County Jail was arrested again later Tuesday afternoon, but not before he had stolen a BB gun from a local sporting goods store.

Hastings Police told Local4 that Jorge Garcia-Irias was arrested Tuesday afternoon near the Dairy Queen on north Kansas Street. Police said Garcia-Irias had stolen a replica BB gun earlier Tuesday from Dunham Sports in north Hastings. He was seen waving that gun around in the nearby Tractor Supply store. After leaving that store, he was seen by a Hastings Police detective, pointed the gun at the officer, and then walked to the Dairy Queen where he was seen pointing the BB gun at a passing motorist. Hastings Police arrested Garcia-Irias there without incident.

Garcia-Irias had been arrested late Sunday night for a break-in at the Shirt-Shack on north Lincoln Avenue in downtown Hastings. Hastings Police caught him with two cash registers and some store merchandise. He was jailed and charged Monday with felony burglary.

Garcia-Irias was also connected to a burglary reported Monday morning by employees at the Big Dally’s Deli sandwich shop, which is only a block away from the Shirt Shack. Employees at the deli reported cash taken from the register. As of Wednesday afternoon, Garcia-Irias had not been charged in connection with that incident.

Garcia-Irias was released by mistake Tuesday from the Adams County Jail after a paperwork mix-up involving the staffs of the county sheriff and county attorney.

Court records indicate that after his arrest for the Shirt Shack incident, a Hastings Police officer prepared a second affidavit Monday asking for a warrant to arrest Garcia-Irias on a separate burglary incident. The judge did not sign that affidavit. On Tuesday the Adams County attorney declined to file a second charge against Garcia-Irias and sent a letter to the Adams County Sheriff notifying them that he would not be charged in connection with the second affidavit.

Adams County Sheriff John Rust told Local4 that the letter from the county attorney’s office indicated that Garcia-Irias could be released. In a court document the Adams County Attorney indicated Garcia should have remained in custody based on charges related to the Shirt Shack incident.

Adams County Attorney Donna Daiss told Local4 that another arrest warrant was issued within minutes after learning that Garcia-Irias had been released.

Both Rust and Daiss told Local4 that they planned to develop joint procedures to prevent an incident like this from happening again. Rust said that for now, the jailer will call the county attorney’s office before a prisoner is released.

Hastings Police reported no injuries or shots fired in connection with Garcia-Irias’ arrest on Tuesday.

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