Security guard 'made a mistake' with sexual assault accuser, but 'it wasn't criminal,' lawyer says

HOUSTON, Texas (KTRK) -- Court records show that 34-year-old Martin Hernandez has spent the last two years fighting to stay out of prison and clear his name.

In 2021, Hernandez was charged with sexual assault and impersonating a public servant.

On Wednesday, ABC13 found his charges were dismissed after attorneys said, "No probable causes exist at this time to believe (Hernandez) committed the offense."

Hernandez's lawyer, Lara Autrey, told ABC13 the charges were dropped because she said the woman who accused him lied about this violent act.

"Whenever the prosecutor finally made the decision and realized the complaining witness had been lying, I just broke down," Autrey said.

Eyewitness News first reported the story on July 26, 2021, when a woman said a man disguised as an officer from the Houston Police Department pulled her over in a fake patrol unit, accusing her of being too drunk to drive.

Charging documents show that the woman said the man, who she believed was a police officer, forced her into the backseat and took advantage of her outside of the Mt. Horeb Missionary Baptist Church.

Autrey said phone records she obtained proved the woman who reported this incident lied.

The phone records Autrey showed ABC13 lay out the calls the woman made the day after the incident occurred. The records show the woman called Hernandez four times the morning after.

"Yes, he made a mistake that night, but it wasn't criminal," Autrey explained.

Autrey and another source said the sex was consensual, and the story was fabricated.

The District Attorney's Office sent a statement that reads in part, "A prosecutor's duty is to seek justice in every instance, we follow the evidence, and follow the law."

They could not confirm whether she lied, but say, they do not plan to pursue any charges against her at this time.

"I knew he was innocent in this case, but the allegations were so strong. What if those jurors didn't believe him or believe me? He was going to prison," Autrey said.

The woman is currently suing the security company Hernandez worked for at the time, along with the church this happened at for over $1 million.

She has never been publicly named, but did not respond to ABC13 for comment.

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SEE ALSO: Charges dropped for man accused of posing as officer in order to commit sexual assault, records show