RACINE - On Thursday afternoon, Santiago Rodriguez-Morales thought he was a free man. A judge told him he would be released after spending two days in the Racine County Jail charged with a crime he didn't commit.

The man, who police mistook for one of "Racine's Most Wanted" fugitives, learned later in the day that he would stay in jail on an immigration hold. Now his family and friends are left trying to clear his name with immigration officials and wondering why he was arrested in the first place.

Police arrested Rodriguez-Morales early Tuesday morning after receiving a tip that he was Francisco J. Gonzalez-Cruz, who is wanted in connection with a 1999 hit-and-run crash that killed a 41-year-old Racine man. It turns out authorities arrested the wrong man.

A fingerprint analysis Thursday confirmed that Rodriguez-Morales was not the right man, assistant district attorney Patricia Hanson told a judge the same day.

"Initially fingerprints were sent to the FBI for confirmation. The question I can't answer here today is that, when we got confirmation that the prints sent to them were Francisco Javier Gonzalez-Cruz's, I'm not sure which prints they analyzed," Hanson said in court.

Police arrested Gonzalez-Cruz on Aug. 27, 1999, the same day he allegedly hit and killed Rodolfo "Rudy" Rodriguez. He skipped a court date a few weeks later and has been a fugitive ever since, wanted for the hit-and-run and bail jumping.

As she prepared her case, Hanson had the Racine County Sheriff's Department pull Gonzalez-Cruz's prints from 1999. On Thursday, Hanson watched as Rodriguez-Morales had fingerprints taken.

She then took both sets of prints to the Racine Police Department where criminalist Randy Scheef examined the prints and confirmed that Rodriguez-Morales was not the man arrested in 1999, Hanson said.

"I am confident that (Rodriguez-Morales) is not the defendant in these two cases that are charged," Hanson said.

Michelle Anderson, a state public defender for Racine County, argued during Rodriguez-Morales's initial appearance earlier this week that he was not the man who police had been looking for.

"He had no recollection of ever being arrested and wasn't in the United States in 1999," Anderson said Thursday. Anderson also said Rodriguez-Morales' birth date did not match the suspect's. He was born Dec. 16, 1952, according to his son. Gonzalez-Cruz was born Dec. 3, 1966.

Racine County Circuit Court Judge Charles Constantine ordered Rodriguez-Morales released and reissued the warrants for Gonzalez-Cruz.

Family relieved, confused

Gregorio Rodriguez-Morales last saw his father Santiago on Monday. The next day he learned from friends that his father was in jail.

The father and son live together above DeRango's, 3114 Washington Ave., the restaurant where Santiago Rodriguez-Morales has worked as a dishwasher for the past nine years.

Friends and family of the two men have worried ever since they first learned that police had arrested Santiago early Tuesday morning.

As he neared the end of his shift as a prep cook at the Charcoal Grill on Highway 20 on Thursday, Gregorio was pleased to hear that his father was going to be released from jail. The past two days have been tough, said a friend who translated for the soft-spoken 30-year-old.

Oscar Monzon said Gregorio hasn't slept much worrying about his father sitting in jail.

"He wondered why he was in jail. It surprised him. He doesn't know what's going on," Monzon said.

A co-worker at DeRango's was relieved to hear that Rodriguez-Morales was going to be released, having known all along that he was not the man police wanted.

Tracy Fasick, a waitress and head cook at the restaurant, has known Rodriguez-Morales ever since he started working there. Rodriguez-Morales started working as a dishwasher at DeRango's in 2000 when he first came to the United States.

"This was just somebody holding a grudge and they wanted to get him in trouble and they've ruined his life," Fasick said of the person who alerted police. "I'm glad to see he's out. He'll have his job. He'll be here. He's a great guy."

Immigration hold

By Thursday night Rodriguez-Morales had not been released from the Racine County Jail. U.S. Immigration and Customs Enforcement ordered him detained. People are detained for three reasons - they are not U.S. citizens, they're in a detention facility and they're eligible to be deported, according to an ICE spokeswoman.

"If he is here illegally then he is scheduled for removal (from the U.S.)," said Gail Montenegro, an ICE spokeswoman. "He would have a trial in front of an immigration judge. It's not a criminal court, it's civil court. Anyone placed in the removal process is afforded their due process."

Montenegro spoke in general terms because she did not have specifics about Rodriguez-Morales' case. Fasick said Rodriguez-Morales lives here legally on a work visa.

Timeline

Aug. 27, 1999

Rodolfo "Rudy" Rodriguez, 41, is killed in a hit-and-run crash.

Police arrest Francisco L. Gonzalez-Cruz at his home for leaving the scene of the accident.

Sept. 1, 1999

Gonzalez-Cruz skips a court appearance and authorities issue a warrant for his arrest.

June 9, 2009

Following a tip, police arrest a man they believe to be Gonzalez-Cruz.

June 10, 2009

Authorities charge the man with the hit-and-run causing death and bail jumping.

June 11, 2009

Fingerprint analysis clears the man, Santiago Rodriguez-Morales, and a judge orders him released.

Authorities detain Rodriguez-Morales on an immigration hold.