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Mistakenly Released Inmate Now Faces Escape Charges
By Associated Press
Published: 03/18/2003


A man mistakenly released from the Houston County (Alabama) Jail while awaiting trial was charged with escape as he returned after 10 days saying he had done nothing wrong and needed to spend time with his family.
Ruben Corey McNabb, 27, had been jailed for 14 months, unable to make $500,000 bond on charges of armed robbery in the theft of cash and food stamps from a grocery store. At his trial, the jury deadlocked and a mistrial was declared Feb. 14.
A Houston County Jail records officer mistakenly believed the mistrial notice in McNabb's paperwork meant he was supposed to be released, Sheriff's Department Operations Commander Bill Land said.
'I did exactly what they told me,' McNabb said. 'I packed my stuff and I called home.'
McNabb said he did nothing wrong when he was released and went to see his 20-month-old son in Orlando, Fla.
'I'm not guilty of these charges. I'm ready to get it over with and I want to be treated like anybody else,' McNabb told The Dothan Eagle before turning himself in February 24.
McNabb is charged with first-degree robbery for allegedly using a handgun to steal an undisclosed amount of cash and food stamps from a Winn Dixie store in June 2001. Now, second-degree escape charges have been added to his file.
After his mistaken release, family members took McNabb back to Orlando. Jail officials only learned February 19 that McNabb was still supposed to be in jail, Land said.
He waited until February 24 to return because he wanted to spend more time with his family.
'I just had a child,' he said. 'I've been in jail for 14 months and I have a son who is 20 months old. The last time I've seen him was when he was 6 months old.'
Land said an investigation into McNabb's release is being conducted, but believes the escape charge is warranted because McNabb knew he was not supposed to be released.
'He knew from what was said to him in court he was not to be released,' Land said. 'The statute provides that if he left and he wasn't entitled to leave -- he escaped. If somebody makes an error, it doesn't entitle you to a free ride.'
McNabb believes his willing return should merit a reduced bond.
'I'm no threat to run,' he said. 'I would like to be with my family. I had the chance to run.'


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