A man sentenced earlier this year to more than two decades in prison for killing a substitute teacher on a South Padre Island beach is on the run after failing to surrender to authorities.
Judge Abel Limas of the 404th state District Court sentenced 38-year-old Amit Livingston to 23 years in prison on February 13 for killing 32-year-old Hermila Hernandez in late-September 2005.
After his sentencing, Limas granted Livingston 60 days to get his “affairs in order,” First Assistant District Attorney Chuck E. Mattingly Jr. said.
Officials at the district attorney’s office contend they objected to the move.
However, a review of the Feb. 13 court transcript does not show any objections from the district attorney’s office regarding the 60 period given to Livingston.
Mattingly said they objected while in chambers with Limas and Livingston’s defense team.
His Houston-based attorney, Greg Gladden said Wednesday afternoon, that the district attorney’s office did not object to Lima’s ruling.
“They are liars,” he said.
Judge Limas issued a statement to the media Wednesday afternoon, stating he would not grant interviews on the case.
“Unfortunately, as judges, we are prohibited from commenting on pending litigation,” the statement reads.
Livingston was scheduled to turn himself in on Saturday at the Carrizalez-Rucker Detention Center in Olmito, but did not, Mattingly said.
Tuesday afternoon, Limas signed an arrest warrant for Livingston.
Mattingly contends the original plea agreement did not call for 60 days to allow him to get his affairs in order.
According to a court transcript on the day of his sentencing, Gladden told the court, “And then there was — not part of the plea agreement — but we are going to be asking that he be allowed to turn himself in later to settle some of his affairs before he checks himself in (to prison).”
Mattingly said that as of Wednesday afternoon, Livingston had not attempted to renew his U.S. passport. He is a naturalized citizen, originally from India.
He said the district attorney’s office has contacted the FBI, U.S. Customs and Border Protection, U.S. Marshals, Interpol, and other law enforcement agencies to inform them that Livingston is on the run, and considered armed and dangerous.
Mattingly also said his office has contacted state police in Illinois, where Livingston’s parents live.
The district attorney’s office has issued arrest warrants for Livingston's father, Muddamalle Livingston for helping a fugitive evade justice.
Mattingly would not elaborate how Livingston’s father helped his son evade justice.
During his sentencing, Livingston told Limas he killed Hernandez because she “pushed the right buttons” and insulted his manhood. Livingston and Hernandez were having an affair, according to court documents.
Cameron County Park Rangers found Hernandez’s nude body on a sand dune 1.9 miles north of South Padre Island’s Beach Access 6 on Oct. 4, 2005. She had been missing for four days and was found shot to death with a .40 caliber weapon, according to court documents.