TX - Xavier Ramon Hernandez-Hankins Shot & Killed on Sidewalk - Rubi Esparza & Basilio Tovar Arrested - Oak Cliff (Dallas)

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YaYa_521

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  • According to the affidavit, Hernandez, Tovar and Esparza were together at a bar earlier that night when a witness said Hernandez “became upset” and left. When Tovar and Esparza couldn’t find him outside the bar, they got into a black pickup and went to look for him.
  • ...Esparza was driving...
  • Tovar, [snip], was in the passenger seat.
SBM
  • ...security video showed what happened next. Hernandez was walking along Illinois when a truck pulled up alongside. Suddenly, the passenger door opens and someone shoots Hernandez in the head.

RubiEsparzaBasilioTovar-2a0efccb-efff-4cd7-bd8f-274622e277b3.jpg

#

ETA - Google Maps 4300 Block W. Illinois Ave.
 
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Well this just got crazy. The police say they made a mistake and did not have sufficient evidence to make an arrest and have dropped the charges. Supposed a video caught the license plate, the phones were on site. This is so strange.
After ‘mistake by police,’ couple arrested in west Oak Cliff slaying are released
SBM
He said the couple saw the law enforcement response as they left the bar, but didn’t know what happened or who had been shot until the next day.

Mulder had been in touch with the couple before their arrest and told them police would call them for a statement as witnesses. They never did, and instead showed up with arrest warrants, he said.
#

Hmm, yeah, ITA! Something fishy is going on here. So apparently and according to Mulder, who is their attorney, there was another vehicle that looked similar to the one Esparza & Tovar were in that was in the area at the same time. Wouldn't the license plate reader have picked up both vehicle tags and the exact times each tag was read? This case so far has live witnesses at the bar when the incident occurred, phone records, video surveillance and tag readers. The pair supposedly left the bar after LE had arrived so I wonder whether any of LE's body or dash cams captured Esparza & Tovar leaving.

The thing I'm most confused about though is why would E & T be in contact with their attorney prior to LE calling them for a witness statement? According to the portion I snipped above, they claim they didn't know what happened or to whom it happened and that LE never contacted them. Is it common for people who realize they're in an area where a crime has occurred to retain or speak to an attorney even though they've never been contacted by LE?

There has got to be more going on here. :confused: Mulder claims there is another POI. It'll be interesting to see what happens with that part of the ongoing investigation. I'll look around a bit later to see what I can find.
 
Glad I am not the only one that thinks this makes no sense. I mean the woman said she was driving because her husband was intoxicated. This is a rough part of town. I can't even start to tell you how many murders occur here yearly. Tovar has a rap sheet a mile long for assault, burglary scanning many years in Dallas County.
 
Glad I am not the only one that thinks this makes no sense.

Yes, I agree. Let me see if I'm tracking this case correctly. So Xavier Ramon Hernandez-Hankins was shot in the head per security video while walking on the sidewalk.

The original facts as reported by MSM:

[...]
On November 5th, police reports say Xavier Ramon Hernandez-Hankins was gunned down on the sidewalk on West Illinois near South Cockrell Hill Road.

Police learned that Hernadez had been seen with Rubi Esparza and Basilio Tovar at a club that night. Hernandez reportedly left and Tovar and Esparza went looking for him.

Police documents suggest that security video showed what happened next. Hernandez was walking along Illinois when a truck pulled up alongside. Suddenly, the passenger door opens and someone shoots Hernandez in the head.

Detectives say Tovar was in the passenger seat while Esparza was driving because she had not been drinking. A license plate reader identified the vehicle which was registered to Esparza.

Additionally, mobile phone records put both Esparza and Tovar at the scene at the moment when Hernandez was shot.
[...]

Couple jailed in November shooting death in west Oak Cliff


According to this MSM report, Tovar was intoxicated at the time of the shooting:

Husband, wife arrested in death of man fatally shot on west Oak Cliff sidewalk

[...]
According to the affidavit, Hernandez, Tovar and Esparza were together at a bar earlier that night when a witness said Hernandez “became upset” and left. When Tovar and Esparza couldn’t find him outside the bar, they got into a black pickup and went to look for him.

A witness said Esparza was driving that night because she hadn’t been drinking, according to the affidavit. Tovar, who the affidavit said was intoxicated, was in the passenger seat.

According to surveillance video and witness interviews, the pickup pulled up to Hernandez, who was walking on the sidewalk, before the passenger door opened and a gunshot rang out, the affidavit says.

A license plate reader near the scene of the shooting identified the pickup as being registered to Esparza, and phone records also placed the couple at the location when the shooting occurred, according to the affidavit.
[...]

Now, the latest MSM report that I've seen says this:

[...]
The husband and wife jailed earlier this month in the slaying of a 29-year-old man in west Oak Cliff were released after an attorney revealed a series of discrepancies in the evidence that led to their arrest.

Rubi Esparza, 33, and Basilio Tovar, 50, were booked into the Dallas County jail Dec. 19 on one count each of murder. Esparza was released Thursday night, while Tovar was released Friday.

“Obviously it was a mistake by police,” said Chris Mulder, an attorney representing Tovar. “I’m just glad that they had an open mind and listened, otherwise these people would have been sitting in jail until the trial.”

Police confirmed that the charges against Esparza and Tovar would be dropped.

Detectives’ preliminary investigation led to probable cause to believe the pair were involved in the death of Xavier Ramon Hernandez-Hankins, Dallas police spokeswoman Kristin Lowman said. “Upon further investigation, it was determined they did not commit the crime,” she said.
[...]

So we know Hernandez was shot in the head and died, but Tovar and Esparza have been released?

MOO, but it seems very odd that LE would arrest Tovar and Esparaza based on both witness statements and security video of the shooting, and then abruptly release them, saying they "did not commit the crime".

Not sure what to make of this. Very strange.
 
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@NanZDrew thank you for providing this link. I agree, this case is confusing.

As reported by MSM, LE arrested Tovar and Esparaza over a month after Hernandez-Hankins died. IMO this would suggest Dallas police did a fair amount of investigation and research before the couple was arrested. The original MSM report states:

[...]
According to the affidavit, Hernandez, Tovar and Esparza were together at a bar earlier that night when a witness said Hernandez “became upset” and left. When Tovar and Esparza couldn’t find him outside the bar, they got into a black pickup and went to look for him.
[...]

Couple jailed in November shooting death in west Oak Cliff

The same MSM report also mentions:

[...]
According to surveillance video and witness interviews, the pickup pulled up to Hernandez, who was walking on the sidewalk, before the passenger door opened and a gunshot rang out, the affidavit says.

A license plate reader near the scene of the shooting identified the pickup as being registered to Esparza, and phone records also placed the couple at the location when the shooting occurred, according to the affidavit.
[...]

So based on that MSM report, one or more witnesses reported Tovar, Esparza, and Hernandez-Hankins being together that night. Also, the statement indicates that Hernandez-Hankins became "upset", and Tovar and Esparza "went to look for him". In addition, a license plate reader, surveillance video, and witness statements place Tovar and Esparza at the location where Hernandez-Hankins was shot. All of this is based on the original MSM report.

However, new MSM reports, including the one NanZDrew posted above, indicate Dallas police were mistaken about this.

[...]
Detectives’ preliminary investigation led to probable cause to believe the pair were involved in the death of Xavier Ramon Hernandez-Hankins, Dallas police spokeswoman Kristin Lowman said. “Upon further investigation, it was determined they did not commit the crime,” she said.
[...]

After ‘mistake by police,’ couple arrested in west Oak Cliff slaying are released

So despite claiming to have affidavits, video, and license plate images it appears that Dallas police couldn't prove that Tovar and Esparza were responsible for the death of Hernandez-Hankins.

MOO, but I'm wondering if the Dallas police detectives make a series of errors that allowed/required the charges to be dropped, or perhaps we're missing some important information here? Either way, IMO it's an odd case.
 
@NanZDrew thank you for providing this link. I agree, this case is confusing.

As reported by MSM, LE arrested Tovar and Esparaza over a month after Hernandez-Hankins died. IMO this would suggest Dallas police did a fair amount of investigation and research before the couple was arrested. The original MSM report states:

[...]
According to the affidavit, Hernandez, Tovar and Esparza were together at a bar earlier that night when a witness said Hernandez “became upset” and left. When Tovar and Esparza couldn’t find him outside the bar, they got into a black pickup and went to look for him.
[...]

Couple jailed in November shooting death in west Oak Cliff

The same MSM report also mentions:

[...]
According to surveillance video and witness interviews, the pickup pulled up to Hernandez, who was walking on the sidewalk, before the passenger door opened and a gunshot rang out, the affidavit says.

A license plate reader near the scene of the shooting identified the pickup as being registered to Esparza, and phone records also placed the couple at the location when the shooting occurred, according to the affidavit.
[...]

So based on that MSM report, one or more witnesses reported Tovar, Esparza, and Hernandez-Hankins being together that night. Also, the statement indicates that Hernandez-Hankins became "upset", and Tovar and Esparza "went to look for him". In addition, a license plate reader, surveillance video, and witness statements place Tovar and Esparza at the location where Hernandez-Hankins was shot. All of this is based on the original MSM report.

However, new MSM reports, including the one NanZDrew posted above, indicate Dallas police were mistaken about this.

[...]
Detectives’ preliminary investigation led to probable cause to believe the pair were involved in the death of Xavier Ramon Hernandez-Hankins, Dallas police spokeswoman Kristin Lowman said. “Upon further investigation, it was determined they did not commit the crime,” she said.
[...]

After ‘mistake by police,’ couple arrested in west Oak Cliff slaying are released

So despite claiming to have affidavits, video, and license plate images it appears that Dallas police couldn't prove that Tovar and Esparza were responsible for the death of Hernandez-Hankins.

MOO, but I'm wondering if the Dallas police detectives make a series of errors that allowed/required the charges to be dropped, or perhaps we're missing some important information here? Either way, IMO it's an odd case.
And the biggest inconsistency, to me, is the fact that their were statements saying Esparza was driving because Tovar was drunk.

Interestingly, Tovar's sister was also with them and she was dating Xavier Hernandez.
 
And the biggest inconsistency, to me, is the fact that their were statements saying Esparza was driving because Tovar was drunk.

Interestingly, Tovar's sister was also with them and she was dating Xavier Hernandez.
Also a family member of the Esparza/Tovar family worked for the legal firm that is representing them.
 
IMO it's curious Dallas PD would arrest Esparza and Tovar unless there was solid evidence linking them to the shooting of Hernandez. Wondering what caused the abrupt 180 degree turn in this case?

Did LE run a ballistics test? If so, did it match any known weapon belonging to Esparza and Tovar? Nothing about that so far in MSM that I've seen.
 
IMO it's curious Dallas PD would arrest Esparza and Tovar unless there was solid evidence linking them to the shooting of Hernandez. Wondering what caused the abrupt 180 degree turn in this case?

Did LE run a ballistics test? If so, did it match any known weapon belonging to Esparza and Tovar? Nothing about that so far in MSM that I've seen.
DPD is very professional. This doesn't make sense. I'm thinking the involvement of an attorney from the get go may have something to do with
 
So the DPD arrested Tovar and Esparza, claiming to have significant evidence. Then they get an attorney, and within a few days both of them are released, and DPD says Tovar and Esparza were not involved in the shooting and death of Hernandez. Very curious.

So have there been any updates from DPD on this? Any new POIs?
 
So the DPD arrested Tovar and Esparza, claiming to have significant evidence. Then they get an attorney, and within a few days both of them are released, and DPD says Tovar and Esparza were not involved in the shooting and death of Hernandez. Very curious.

So have there been any updates from DPD on this? Any new POIs?
First - Yes they have a new POI but haven't released a name yet. SOURCE - Dallas Morning News

<modsnip - no source links to verify information posted as fact>

I'm thinking local business security camera video likely showed there were multiple black pickup trucks in that area at the time.
 
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I'm glad to see an arrest has been made. This case has me shaking my head. Soooo many questions. MOO

SBM

Bernadino Delgado Jr., 47, the owner of the Player's Bar, faces a murder charge in the shooting death of Xavier Ramon Hernandez-Hankins, according to an arrest warrant affidavit.

#More at link
 
@YaYa_521 thank you for the update on this. So LE has arrested Delgado for the murder of Hernandez-Hankins. According this MSM report:

[...]
Delgado previously faced charges of aggravated assault with a deadly weapon, unlawful carrying of a handgun, assault, residing arrest and violation of a protective order, the affidavit said.
[...]

Bar owner arrested in Dallas killing

What the MSM report doesn't indicate is how Delgado knew Hernandez-Hankins, and what motive he would have for murdering him.

MOO, but based on these updated facts we're still missing some important information here.
 

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