Cellphone records may support man's claim that he was jailed after shooting controversial video

Sheriff's dept. says he called wrong number

SAN DIEGO - The man who was arrested after he shot images of a Border Patrol officer taking down an undocumented worker near Ranchita last week is now hoping cellphone records will help him get out of jail.

Jose Fernando Guzman was remanded into custody because San Diego County Sheriff’s deputies claim he failed to report his contact with Border Patrol officers to his home detention caseworker.

Under the terms of his out-of-custody sentence for an assault conviction, he must notify the County Parole and Alternative Custody, or CPAC, unit of any police contact, positive or negative. CPAC's lieutenant says that did not happen.

But Guzman and his girlfriend, Erica Garcia, tell a different story. Garcia claims her cellphone bill shows Guzman tried to contact CPAC at least five times and left a voicemail message for his caseworker.

Here is the timeline: Guzman shot the video at 4:35 Monday afternoon. By midnight, Border Patrol agents came to his Fallbrook home to seize his cellphone. According to cellular records provided by Garcia, Guzman called CPAC at 7:01 a.m., 7:02 a.m., 7:46 a.m., 12:21 p.m. and 7:53 p.m. on Tuesday, Jan 14. The records show incoming calls from the number identified as CPAC's Wednesday at 6:19 and 6:21 a.m.

Guzman was booked into the Central Jail at 9:58 a.m.

10News called the number and got a hard-to-understand voicemail. Although a message was left, the call was not returned.

CPAC Lt. Holly Mitchell told 10News the number is not assigned to her unit. She told 10News she does not know whose number it is.

The number has the same area code and prefix as Mitchell's CPAC number.

Mitchell said both Guzman's caseworker and his partner heard Guzman confess that he had forgotten to call in as they booked him into jail.

A hearing is set for Friday in Vista to determine whether Guzman was wrongly incarcerated.10News will report what happens.

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