Published: March 13, 2008 04:17 pm            

Burleson man flees before trial for rape

Police across state search for man charged with sexually assaulting boy, 6

A Burleson man accused of sexually assaulting a 6-year-old boy in November 2006 failed to show up for his trial Monday morning, forcing a Midland judge to issue a warrant for his arrest.

In a telephone interview Tuesday, Midland County Assistant District Attorney Tim Flathers said Dusty Gus Hernandez, who was indicted March 7, 2007, has still not been located.

“We really have no information whatsoever,” Flathers said of Hernandez’s whereabouts. “After he is back in custody, we will try to try him as soon as possible.”

Flathers said Hernandez was aware of his trial date, and it came as a shock to everyone when he fled.

District Judge John G. Hyde said because Hernandez failed to appear at his trial, the assembled jury was dismissed. New jury members will be selected when the suspect is in custody, Hyde said.

“It is uncommon for someone not to show up for a trial,” said Hyde, who ordered the immediate forfeiture of Hernandez’s $50,000 bond on Monday. City, county and state law enforcement officers have been ordered to pick up Hernandez and deliver him to Midland.

Tim Flathers said that although the offenses allegedly took place in Midland County, Hernandez was first arrested Nov. 17, 2006, in Burleson.

According to the Midland Reporter-Telegram, Hernandez was charged with two counts of aggravated sexual assault of a child, a first-degree felony for which he could receive up to a life sentence in prison, and with one count of indecency with a child, a second-degree felony.

Hernandez will not be given a second chance to flee if he is found, Midland District Attorney Teresa Clingman told the Reporter-Telegram.

“We will be using all the resources we have available to get this individual back into custody and bring him to trial,” she said.

        

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