Sheriff Judd: Illegal Immigrant Terrorized Victims With Fires and Vandalism

Marcelino Gillen-Hernandez / Photo courtesy of Polk County Sheriff’s Office

By Staff Reporter
iSkyNews.com (ISN) — Published February 9, 2026

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Suspect in U.S. Illegally Charged With Arson and Multiple Felony Crimes in Wahneta

WAHNETA, Fla. — A man who investigators say is in the United States illegally has been arrested and charged with multiple serious felonies following a series of arson and property damage incidents in the Wahneta area, according to the Polk County Sheriff’s Office.

The suspect has been identified as Marcelino Gillen-Hernandez, DOB 4/26/1965, a non-U.S. citizen from Mexico. Deputies say Hernandez provided full confessions to setting multiple fires at a residential property and damaging a local business. An ICE detainer has been placed on him at the Polk County Jail.

Arson Investigation Details

The investigation began on Saturday, January 31, 2026, after a homeowner on 11th Street West in Wahneta contacted deputies to report two separate arson incidents at her property.

According to the arrest affidavit, the homeowner told deputies that approximately three weeks prior, she discovered a trail of burned grass behind a mobile home on her property. When confronted, the suspect admitted to setting that fire.

In the early morning hours between 2:30 a.m. and 3:00 a.m., the homeowner observed a glow coming from underneath the mobile home. She discovered a wooden pallet stacked with tree branches had been placed underneath the structure and set on fire. She was able to remove the pallet and extinguish the flames using a garden hose.

While doing so, she observed the suspect halfway across the property near a travel trailer where he had been staying. Deputies say she witnessed the suspect ignite an additional fire, which appeared to be started using an accelerant such as gasoline.

When confronted again, the victim told deputies the suspect admitted to setting the fire and claimed he was “told to do so.”

Deputies identified the suspect as Marcelino Gillen-Hernandez. With the assistance of Deputy Sheriff Torres (#9084)acting as a Spanish translator, Hernandez was read his Miranda rights. During the interview, Hernandez admitted to setting both fires and told deputies the accelerant he used was located in the basket of his bicycle.

Deputies located a black plastic bottle of Tiki Brand BiteFighter Citronella Torch Fuel in plain view. Hernandez was taken into custody.

For these incidents, Hernandez has been charged with two counts of arson, classified as capital felonies due to the crimes being committed by someone in the country illegally, which enhances the charges by one degree.

Additional Crimes at Local Business

After being taken into custody, Hernandez also admitted to previously damaging property at Placita Mexico, a business located at 3390 Rifle Range Road in Wahneta.

During follow-up investigations, deputies learned Hernandez had broken windows and doors on three separate occasions. According to the affidavit, Hernandez admitted to using rocks and a hammer to intentionally damage the business after becoming frustrated and angry with the store owner.

He acknowledged striking windows and doors protected by metal security bars, which prevented him from entering the business. Hernandez admitted he knew his actions were unlawful and stated he understood he would be charged.

Criminal Charges Filed

Detectives determined probable cause existed to arrest Hernandez for multiple offenses, including:

3 counts of Unoccupied Burglary (F2)
2 counts of Criminal Mischief with property damage under $1,000 (F3)
1 count of Criminal Mischief with property damage $1,000 or more (F2)

Each of these charges has been enhanced by one degree due to Hernandez being in the country illegally. Deputies estimate the total damage to the business exceeded $1,600.

Sheriff Grady Judd emphasized the seriousness of the case and the suspect’s criminal history.

“This suspect — who is in the country illegally — committed very serious felonies while taking advantage of someone who allowed him to live in a trailer on her property. He caused over $1,600 worth of damage to a local business as well,” Judd said. “We also learned he threatened to kill a 74-year-old man with a knife in 2024 and was arrested for aggravated assault on a person over 65 years old. He should have been deported back then and perhaps he wouldn’t have been here to terrorize and victimize others.”

The investigation remains ongoing.

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