Police: Merkel man falsely accused of physically assaulting 3-year-old

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On Friday, June 7th, 2019, the Merkel Police Department obtained and executed an Arrest Warrant at approximately 5:50 PM in the 200 Block of Baker Street, Merkel, Taylor County, Texas, on subjects Jackie Carol Torres (06/30/1969) and Rosa Lynn Torres (04/20/1987).   
 
Jackie and Rosa both confessed to making a false report to the Merkel Police Department on May 31st, 2019 regarding an incident where Jackie’s son-in-law and Rosa’s (estranged) husband allegedly displayed and pointed a firearm at both Rosa and Jackie, in addition to assaulting a 3 YO female child that was with the subjects.  Initially, investigators believed the story due to the child in question displaying minor injuries that were consistent to the pairs story.  Investigators began to doubt creditability of the subjects when a review of the convenience store cameras, late in the investigation, was not consistent with the women’s story.  Additional evidence was obtained, and the pair was re-interviewed on Thursday, June 6th, 2019, where both eventually both confessed to lying.  This case was presented to the Taylor County District Attorney’s Office this afternoon and subsequently Judge Harper (County Court of Law) signed off the arrest warrants.  Both Jackie and Rosa were taken into custody, without incident, at approximately 5:52 PM and transported to the Taylor County Adult Detention Center. 
 
Currently both subjects are in Taylor County Jail on $1,000.00 bond.  At this time no additional charges have been filed, however there is now an open investigation for Injury to a Child (Felony) and the department is working Texas Department of Family Protective Services / Child Protection Services are working collaboratively on. 

MERKEL, Texas (KTAB/KRBC) – Police in Merkel say a man they were looking for in connection to an assault of a 3-year-old child was falsely accused.

According to Merkel Police, 43-year-old David Dutka turned himself into police on Monday after being sought for allegedly pointing a gun at two females and assaulting a 3-year-old child in the process.

As investigators began to review the location, time, and manner in which the reported incident occurred, they began to notice inconsistencies in statements made by the victims and witnesses.

Police say those inconsistencies were not enough to prevent them from finding him, as they were still waiting for additional evidence and statements.

After conducting an interview with Dutka, investigators were able to confirm that he was in Abilene at the time the alleged incident occurred in Merkel, according to police.

Police say investigators obtained additional evidence that confirmed the incident did not take place as it had been described, or even in the same location it was reported.

After confronting the “victims” with evidence showing the inconsistencies in their stories, both gave formal statements and admitted that the allegation was a lie and the story was completely made up, police say.

The two are now accused of making a false report to a peace officer, federal special investigator, or law enforcement employee.

Police say their names will not be released until the case has been reviewed by the Taylor County District Attorney’s office.

Dutka remains jailed on unrelated warrants out of Abilene.

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