Wrong brother behind bars? Attorney says South Florida man mistaken for sibling

A South Florida man is behind bars and facing serious charges in a sex assault case, but his attorney said he's being mistaken for his brother.

Attorney Jose Castaneda said Marvin Escobar Pagoada was mistakenly arrested last month during a traffic stop by Davie Police Department.

Castaneda said police were looking for the man’s brother, Mayron Escobar Pagoada, who has a warrant for his arrest in a sexual assault case involving a minor.

"My client was definitely in the wrong place at the wrong time," Castaneda said.

Castaneda is working to free Marvin Escobar Pagoada, who he said is sitting in a Palm Beach County jail while his brother Mayron Escobar Pagoada is on the run.

A report said the arresting officer used the fingerprint scanner, which got a hit for a hispanic male named Marvin Escobar Pagoada, which Castenda said is accurate.

The arrest report then said a search of the last name showed warrants out of Palm Beach County, a last name that the brothers share. That's where the mistake occurred, said Casteneda.

NBC6 did a search for Marvin Escobar Pagoada and could not find any open warrants.

"They are brothers, but it doesn’t mean they are the same person," said Castaneda.

The lawyer provided a picture of the two brothers together. Castaneda said the easiest way to tell them apart is that the brother with a warrant has a tattoo on his arm. The brother who was arrested does not, according to Castaneda.

Jose Castaneda

The arrest sheet showed a charge for giving a false name. And Castaneda said Marvin is now booked in the Palm Beach County Jail under his brother’s name, Mayron.

But, Castenda said his client gave the officer his real name, Marvis. And the arrest report written by Davie Police said a fingerprint scan came back to Marvin Escobar Pagoada.

When NBC6 asked Davie Police about the different names, they said Marvin has aliases that list Mayron.

Davie Police declined an on-camera interview, but said the officer went above and beyond during this arrest.

However, the family of Marvin stands by their claims that the authorities have the wrong guy and are now taking the matter to court.

"At this point, the most important thing is to get somebody out of jail that should not be in jail," said Castaneda.

A hearing had been set for Wednesday morning, but the state pushed it back, saying it needs more time to review the case.

That means Marvin will remain in jail at least until there is a hearing.