Harris County DA declines to charge mother of Rudy Farias for making fictitious names, failure to ID

HOUSTON – The Houston Police Department released more details in the disappearance case of Rudy Farias Thursday morning during a news conference.

The news conference was held after questions remained unanswered as investigators worked to piece together what and where Rudy Farias has been in the past eight years.

Prior to the news conference, crime scene units arrived shortly after 4:30 a.m. at the family’s home of Rudy Farias. It is unclear if the family was home while detectives investigated.

Neighbors and family members said there was a lot of concern for Rudy, who is known by people in that neighborhood as “Dolph.”

Here’s what we know so far

HPD Chief Troy Finner confirmed that during Farias’ disappearance, he and his mother had previous interactions with HPD officers. During these contacts, officers could not confirm if he was him due to him and his mother providing fake names and failure to properly identify Farias. When officers questioned if he was Farias, they were reportedly told that he was her nephew.

Finner said detectives learned that Farias returned home on March 8 and that his mother deceived police that he was still missing.

Is Farias still a victim?

According to Finner, he is still listed as a potential victim.

Will charges be filed?

Finner announced that the Harris County District Attorney’s Office has declined to charge Farias’ mother for making fictitious names and failure to ID. He said his mother could be reported or detained for filing a false missing person report or failing to let police know he was no longer missing, which would be a Class C Misdemeanor.

KPRC 2 legal analyst Brian Wice said the District Attorney’s Office made the right call declining any possible charges.

“I think that’s Rudy’s mom is not facing any charges for the same reason that on a daily basis the district attorney’s office rejects request from law enforcement to file charges. Either the wholesale lack of evidence, the fact that the conduct charged allegedly doesn’t follow within a penal code provision…a combination of both. Or at the end of the day, prosecutorial discretion that in my estimation was correctly and figuratively exercised today by the Harris County District Attorney’s office,” Wice said.

An official with the District Attorney’s office would not comment on the case because they are still calling it an active investigation. A spokesperson said there wasn’t enough of a probable cause yet.

Wice says detectives are looking at three possible charges.

“They were looking any one of three possible violations of the law that range in penalty from a fine to six months in jail, to a year in jail and they rung the gavel from falsely identifying yourself to a peace officer, reporting falsely a missing child and then reporting a false report to a police officer. Going through the prism of what these penal provisions entail and the facts as they seem to be coming out,” he said.

During an interview with investigators, Farias reported to detectives that there was no sexual abuse that he experienced during the time he disappeared. It was not disclosed if he or his mother experience mental illness.

Where is Farias right now?

Finner said he is safe and currently with his mother “by choice.”

“Here’s a fact, he’s a grown man, 17 years old, that’s an adult in the state of Texas,” the chief said.

The investigation is still ongoing and active as investigators continue to follow many tips, leads and evidence in this case, including contacts from relatives and medical professionals.

CONTINUING COVERAGE:

Rudy Farias’ aunt says ‘everything’s coming out to the light’ after his 8-year disappearance

Cousin of Rudy Farias talks to KPRC 2; neighbor captures video of his mom saying, ‘they want to arrest me’

‘I heard horrific things’: Activist Quanell X says Rudy Farias was reportedly ‘hidden in plain sight’ for past 8 years

Family members say man captured in video at local business is not Rudy Farias

Mother whose daughter went missing in 2010 hopeful for return after discovery of Rudy Farias

Rudy Farias update: Teen who went missing 8 years ago in north Houston found in ‘bad shape’