How an accused killer spent his time after a surprise release from jail

Posted at 2:53 PM, Sep 05, 2019
and last updated 2019-09-06 10:26:35-04

NASHVILLE, Tenn. (WTVF) — An accused killer is locked up -- charged with first degree murder -- and then suddenly he's just released. Davidson County inmate Roberto Viera-Aybar was accidentally released by the sheriff's department, but turned himself back in four days later?

So, how did he spend his surprise freedom? "Yeah ... that's a good question. And it may say a lot about what's going on here. The individual was still in the community and willing to turn himself in," Davidson County Sheriff Daron Hall said.

Viera-Aybar was locked up on a first degree murder charge and half-a-million dollars bond. Sheriff Hall said the release was an obvious mistake ... and it didn't help it involved a potentially dangerous inmate. "The issue here it was very high provile and a murder charge and the community was at risk and that's not acceptable," said Hall.

So, everyone gave a sigh of relief when Viera-Aybar turned himself back in.

But, what he did before that might surprise you.

His family tells me Viera-Aybar thought he had legitimately been released while he awaited trial. So, he took time to visit with friends and family -- especially spending time with his young son. There was a chance for something other than jail food, so he had a few home cooked meals.

And, he actually started the process of looking for a job, even going to an orientation.

"He didn't leave the community thank goodness. We were in conversation with the TBI and investigators trying to get in touch with him," said Hall. Eventually, Viera-Aybar got word -- his release was a mistake.

At the time, he was staying at an apartment in the Antioch area. He could have ran but instead contacted his attorney and agreed to return to jail. "His attorney was very helpful to negotiate his return," said Hall.

Now, Viera-Aybar is a back behind bars, and he is still one of three men charged in a murder case. But this accidental release could help him at trial. He can tell the judge -- he could have ran, but chose on his own to return to jail.

Neither Viera-Aybar nor anyone else who spent time with him while he was out will face any charges.