Henderson TX (KLTV) - A convicted felon is on the loose after officials say, he was let out by mistake. 28-year-old Brian Kendrick Brown was set free from the Rusk County jail, where he was waiting to be transferred to prison on an aggravated robbery conviction.
Authorities told KLTV 7 LaKecia Shockley the details on how this happened, and Brown's family told her it is all a mistake.
"Aiesha Wafer" is the mother of Brian Brown's children she says it's upsetting he was let out of jail, only to later be called "armed and dangerous."
"If anything happens to Brian somebody is going to be held responsible. I am not going to loose my children's father over a mistake and that's what it is! At the end of the day, bottom line it's a mistake," said Wafer.
Brown's trouble with the law started in 2000, convicted of a robbery that left one man injured. He was on probation on that conviction in May 31st of this year, when he reportedly wrecked his vehicle. On that incident, he was charged with DWI, evading arrest, and assaulting a public servant.
The arrest affidavit from that day says Brown's handcuffs were removed for treatment by EMS. And that Brown hit Rusk County Deputy Chris Ledger in the chest and the stomach. After a plea agreement, the assault charge was dropped, and Brown was sentenced to eight years in prison.
He was in the Rusk County jail awaiting transfer, until last week, when the jail received a motion to dismiss brown from their custody, clearly stating that he be turned over to the Texas Department of Criminal Justice.
But the next day, Judge Richardson found out Brown had been dismissed from custody all-together.
"They filed a motion to dismiss on assault of a public servant because he's been sentenced to eight years in prison," said Richardson. "So, I signed it on June 23rd. I sent it across the street. Then it was, 'Uh-oh, it's too late.'"
Judge Richardson says it's obvious a mistake was made and no one is perfect. In a statement, he says county officials have apologized and say this will never happen again.
The Rusk County District Attorney has met with all of the county offices involved, to figure out how this happened.
Brown's family says they have no idea where he is, but hope he turns himself in before something happens to him.