A case of mistaken identity landed a man in Los Angeles County jail for five days after Whittier police wrongfully arrested him on an active child molestation warrant, according to a federal lawsuit filed this week.
The lawsuit alleges Victor Manuel Martinez Wario of Norwalk was falsely incarcerated in 2023 at Men’s Central Jail, where he was put at risk for attack by fellow inmates because he was forced to wear a specially colored jumpsuit indicating his status as a sex offender and a wristband worn by suspected child molesters.
Wario, 42, contends his civil rights were violated and he is seeking unspecified damages in the suit, which names the city of Whittier, the Whittier Police Department, Los Angeles County and its Sheriff’s Department as defendants.
In a statement, the Los Angeles County Sheriff’s Department noted that its deputies were not responsible for Wario’s arrest.
“However, all inmates processed at our Inmate Reception Center undergo a rigorous classification process and are properly housed according to their classification,” the statement said.
Whittier police declined to comment.
Wario’s vehicle was pulled over for a minor traffic infraction about 9:30 p.m. on March 12, 2023. Subsequently, Whittier police mistakenly determined Wario had an active warrant and arrested him, said his attorney, David Gammill. However, the suit says Wario told the officers that he had no warrants or pending criminal cases.
Later, during the booking process, the officers reportedly informed Wario the warrant was for an old case in which he was convicted of child molestation.
“Mr. Wario again adamantly told them that they had the wrong person and that his only criminal history was a misdemeanor conviction for driving under the influence more than seven years ago,” the suit states.
It later was discovered that the child molestation case stemmed from a Sept. 21, 2012, conviction of an individual in Los Angeles County who failed to check in with the county Probation Department and did not register as a sex offender, the suit states.
More than two days after he was arrested, Wario was transferred to the Men’s Central Jail, where he was assigned to special housing for accused child molesters, according to the suit.
During Wario’s arraignment several hours later, his attorney informed the court the wrong defendant had been arrested.
Los Angeles Superior Court Judge Mary Lou Villar set Wario’s bail at $30,000, but refused to release him and ordered a fingerprint expert to take his fingerprints and verify his identity.
The day after arraignment, a Los Angeles County deputy district attorney obtained a booking photo of the actual defendant in the child molestation case and determined it was not Wario.
“The two men have the same name, are both male, and both Hispanic and that is where the similarities end,” Gammill said. “They look nothing alike. It’s appalling.”
Villar ordered Wario released on March 17, 2023, five days after his arrest.
Gammill said Wario missed time at work and was unable to provide care to his disabled fiancée due to his incarceration.
“It was an absolute failure by our system,” he added. “Seconds of verifying Mr. Wario’s identity and claims he was innocent would have prevented five days of psychological torment.”
