Diaz’ family figured out what happened.
"His son is the real savior. (He) made a public records request for the report over at the Chandler Police Department," Ortega told KNXV. "They said 'Hey, we don't have anybody under your father's name but we do have the first and last name, but the middle name is different.'"
The family noticed the error, called Diaz’s attorney and scheduled an emergency hearing where he was released.
“The police officer that was investigating the case over at Chandler, he appeared and said, ‘That's not him! That's not the guy I was after’,” Ortega said.
The lawsuit does not indicate a specific amount of money they are seeking. Chandler police and the Maricopa County Attorney’s Office did not comment because of the pending lawsuit.
The Maricopa County Sheriff’s Office issued the following statement:
“The Maricopa County Sheriff’s Office apprehended an individual based on information that was contained in a grand jury indictment. Any further information or details will be released following the conclusion of the pending litigation.”
Meanwhile, the actual suspect, Timothy Dean Diaz, was arrested for sex abuse in 2015 in Oregon, KNXV reported. He was convicted of attempted to sexually abuse a minor in 2017 and sentenced to five months probation.
He was arrested in July 2018 for at least two alleged rapes committed in 2015 against children and is currently being held in jail, KNXV reported.