Buena Park Man Finally Works His Way Clear of Texas Justice System

A Buena Park man who was mistakenly held on felony charges for seven months in an El Paso jail was released Friday when he finally managed to reach an attorney by telephone, Texas authorities said Wednesday.

Richard Earl Anderson, 19, was arrested on a misdemeanor shoplifting charge last Dec. 15 but was held in jail for seven months awaiting trial on non-existent felony charges by mistake, El Paso Sheriff Leo Samaniego said.

The Sheriff’s Department apparently confused Anderson’s name with that of James Richard Anderson, 34, who is serving a prison term in Texas for selling drugs. The drug charges were added to the California native’s record, although the two men differ drastically in age and appearance, Sheriff Samaniego said.

“I want to know why they kept me in jail, even though I ain’t black, I ain’t six feet tall, and I ain’t 34 years old,” said Anderson, who is 19, white, and 5 feet, 10 inches tall.

While in Texas looking for work, Anderson said he and a friend were trying to get warm on a snowy day and stole gloves and a coat from an El Paso department store. Charges against his friend were later dropped for time served, but Anderson was held pending trial on two charges of marijuana delivery. “I told them I never smoked it in my life, but they wouldn’t listen,” he said.

Normal jail procedure includes checking the appearance of inmates with prior indictments against a file photograph, but that apparently was not done, Pat O’Rourke, a Texas county judge, said, adding: “This is a case where everybody involved just dropped the ball.”

He said the county attorney should have listed Anderson’s name on a roster to schedule him for trial. “He should have been brought in so a judge could hear the charges, but he wasn’t on the roster,” O’Rourke said.

Anderson was the only one aware of the mistake, and he said that was the hardest part. “I kept telling the marshals they had the wrong person,” he said. “They always said they’d check on it and never did.”

The marshals told him to call attorney Ronald McClusky, who had been appointed to defend the “other” Anderson. McClusky refused collect calls from Anderson because he thought they were a prank, he said. “I went to the jail three times and asked for him, but they told me my client was serving a state prison term.”

After many frustrating tries, Anderson reached McClusky directly Friday and was taken straight to court and granted his long-sought freedom on a personal recognizance bond.

So far, the county attorney’s office has refused to dismiss Anderson’s misdemeanor shoplifting charges. A hearing for a defense motion to dismiss the suit will be held Aug. 5.

Meanwhile, Anderson has benefited from an outpouring of warmth from El Paso citizens. Residents have showered him with clothes, money and even cookies, while the local YMCA and Holiday Inn, as well as area residents, have offered him shelter. He was offered a warehouse job, which he accepted.

He said his main concern now is finding his parents, William and Mary Anderson, whom he lost track of while in jail. “They thought I was OK because I was only in for shoplifting,” he said. “Last I heard, they were moving to Lawndale.”

He is also considering filing a civil suit against El Paso, his attorney said.

“The main thing I’ve learned from this,” Anderson added, “is you don’t mess around with the law.”