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An incarcerated person mistakenly released from the Maguire Correctional Facility on Wednesday morning, Feb. 7, was located and taken back into custody, the San Mateo County Sheriff’s Office said.

The man, identified as Heriberto Avila, 43, of Menlo Park, was located and returned to custody.

It’s unclear what led to the release of the incarcerated man, but the Sheriff’s Office said a thorough investigation is underway to determine the cause of the erroneous release.

He was found late Wednesday morning in Mountain View and subsequently booked into the Santa Clara County Sheriff’s Office Main Jail.

Avila was out of jail for roughly three hours on Wednesday, said Sgt. Javier Acosta, Sheriff’s Office spokesperson.

After realizing the mistake, the Sheriff’s Office initiated a search for Avila, who had been arrested in October 2023 on various bench warrants. In one case, he was arrested for possession of a firearm, which is illegal for a felon.

Avila had previously been convicted in two cases relating to domestic violence, once in 2009 and again in 2013. In 2009, he was sentenced to one year in jail on eight counts related to domestic violence, including domestic battery, false imprisonment, witness intimidation and unlawfully, maliciously destroying a communication device. He also has multiple convictions relating to misdemeanor drug possession, which date back to 2004.

Avila is currently detained at Santa Clara County Sheriff’s Office Main Jail.

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Michelle Iracheta has spent over a decade chasing stories and deadlines, covering everything from mental health to city hall. Her bylines have graced newspapers across the country, including the Houston...

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