Luzerne County Prison in Wilkes Barre

Luzerne County Prison in Wilkes Barre

An inmate was wrongly released from Luzerne County’s Minimal Offender Unit Tuesday evening based on a court paperwork mixup stemming from a protection-from-abuse court hearing, according to an email sent to county council.

The inmate, Derek Havard, 42, of Ashley, was back in prison custody Wednesday, county Correctional Services Division Head James Wilbur told council in an email around noon.

According to Wilbur’s Tuesday night communication, the inmate was released at approximately 5:30 p.m. based on court paperwork from his PFA court hearing earlier that day.

The first page of the court order identifies the inmate and said his motions to dismiss and modify bail were denied.

However, the second page of the order said the inmate was granted credit for six days served and shall be immediately released.

Wilbur said the second page that should have accompanied the PFA order had no lines filled or references to a release.

When the issue was discovered approximately 7:40 p.m., the prison immediately contacted 911 to dispatch law enforcement to the inmate’s last known address and the address of the person who filed the PFA, Wilbur said.

The county detective office also was notified at approximately 11 p.m., Wilbur said.

An internal investigation is underway on the release of Havard, and the details will be publicly released, county Manager Romilda Crocamo said Wednesday.

The circumstances in this case are different than an incorrect release in January.

In that case, the prison wrongly released inmate Billy Partington when he was mistaken for his half brother and fellow inmate Drake Partington.

When records notified central control that Drake had posted bail in an assault case, the prison incorrectly processed Billy for release. Billy never corrected officials on their mistake, which came to light when Drake questioned why he was still being held.

Billy was captured three days later and sentenced to up to one year in prison on an escape charge in July.

The January release was blamed on “human error.”

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.