Robert Rubin had a few days of freedom this week. The 43-year-old was released after someone accidentally checked the wrong box on a letter to the Shelby County Jail.
Although he was released on July 13, official documents revealed his parole was revoked before they released him. Documents also revealed he was supposed to be transferred to a state facility.
"That's bad, definitely bad, that's a big mistake,” Yua Mongs said.
He was serving time for allegedly stealing cameras from Kmart in 2012.
According to the affidavit, once the error was discovered, his probation officer called him and asked him to come back.
When he did not come back, they released a warrant out for his arrest on the charge of escaping from felony incarceration.
That charge was dropped Friday morning because his release was The Department of Corrections’ mistake.
TDOC said they are making changes as a result of this incident.
Right now on the form, there are two boxes side by side. One says, “Release for time served” and the other says, “Release to…” with a blank for the location.
A spokesperson told WMC Action News 5 a new form is being drafted with fewer confusing options.
In Rubin’s case, the box was checked to release him, but the blank was filled in with a new location to transfer.
"That's pretty scary, some things need to be done to fix that,” Frank Bowers said.
Rubin was arrested a few days after he was released, but some still wonder if this mistake could have been worse.
"If you let someone out by accident and someone died because of it, who's to fault for that,” Bowers said.
TDOC said the change on the form will have to be reviewed by a committee before it’s implemented.
They expect the change to come in the next two weeks.
As of now, Rubin is back behind bars waiting to transfer to a state facility.
Copyright 2015 WMC Action News 5. All rights reserved.
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