by Tara BrolleyMon, May 11, 2026 at 5:22 PMUpdated Tue, May 12, 2026 at 10:43 AMBooking photo of Gerardo Gonzalez Reyes. (Photo: San Marcos Police)SAN MARCOS, Texas — The Hays County District Attorney's Office has declined to pursue criminal charges against a San Marcos man whose arrest during a traffic stop led to his detention by ICE, according to a letter sent to the San Marcos police chief Monday.Prosecutors dropped an interference with public duties charge against Gerardo Reyes Gonzalez, 44, and offered his 17-year-old son, Esteban Victor Reyes, six months of pretrial diversion. If accepted, Esteban's charge would also be dismissed, provided he avoids further criminal charges during that period.The decision stems from a March 14 incident in which San Marcos police stopped a vehicle after a mother called to report that an unidentified male appeared to be leaving her apartment complex with her 15-year-old daughter against her wishes. Officers stopped a truck matching the description, finding Esteban behind the wheel and Reyes Gonzalez in the passenger seat. When Esteban did not comply with officers' commands, Reyes Gonzalez allegedly attempted to keep his son in the vehicle. Authorities later determined the 15-year-old girl had never left her home.PREVIOUS COVERAGE | Arrest affidavits detail San Marcos traffic stop leading to man's arrest, ICE detainmentImmigration and Customs Enforcement placed a detainer on Reyes Gonzalez following the arrest. He remains in ICE custody ahead of an immigration court hearing Tuesday.In a letter to Police Chief Stan Standridge, First Assistant District Attorney Gregg Cox said the decision was not a criticism of the officers' conduct, noting they acted within their legal authority based on the information available when they made the stop."Officers were responding to a call to law enforcement at approximately 3:55 a.m. in which a mother reported that an unidentified approximately 17-year-old male was attempting to leave her apartment complex with her 15-year-old daughter against her wishes," Cox wrote. "The specific information known to the officers supported a belief that an emergency may be ongoing."However, Cox said a full retrospective review led prosecutors to conclude the situation more closely resembled a parent seeking help managing unwanted contact with her daughter than an ongoing dangerous emergency requiring a heightened response.Community advocate group Mano Amiga celebrated the dropped charge while noting Reyes Gonzalez remains detained.