Arrested: Man wanted for 5 food truck robberies was left out of jail, now he’s committed another crime

UPDATE (Tuesday, Oct. 1): Benito Herrera Tonche was arrested in Sun Prairie — after a warrant was issued for his arrest. 

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MILWAUKEE -- A man signed a guilty plea for a string of armed taco truck robberies and was left out of jail as he awaits sentencing. Now, we've learned the man is accused of committing a new crime while he's been out.

This is a case we've been following for a while -- because the Sun Prairie man was once on the list of Wisconsin's Most Wanted. Court records show he was recently released under strict conditions prior to his sentencing next May, but it didn't long for him to pick up a new case.

Benito Herrera-Tonche Jr.

In August of 2018, 23-year-old Benito Herrera-Tonche Jr. was seen discharging a weapon inside a taco truck. The robbery was one in a string of taco truck armed robberies Herrera-Tonche committed on the south side.

"Wow, I could have died that day," said a taco truck employee who did not want to be identified. "Maybe he didn't have intentions to kill, but there was a gun. There are still days when those thoughts come to mind."

Benito Herrera-Tonche Jr.

Benito Herrera-Tonche Jr.

Benito Herrera-Tonche Jr.

Before he was captured, the 23-year-old made it on the list of Wisconsin's Most Wanted. Court records show he signed a plea agreement. As he waited for sentencing in May of 2020, a district judge allowed his release. It's a decision his victims are not happy with, especially after learning he's picked up a new case against him since he's been out.

FOX6 reached out to the District Judge Pamela Pepper on the reasoning behind his release. We were told by her office she couldn't comment on a pending case.

Benito Herrera-Tonche Jr.

Benito Herrera-Tonche Jr.

Authorities in Dane County are accusing him of violating a restraining order. Prosecutors say over the weekend, the victim told police Herrera-Tonche sent 214 disturbing text messages, causing the victim to fear for their safety.

Records show Herrera-Tonche was released on a $500 signature bond -- something that also concerns many of Herrera-Tonche's previous victims we spoke with. Victims we spoke with told us they want justice for what took place last year.

FOX6 tried to reach out to the 23-year-old's listed attorney to ask questions about the new allegations against him in Dane County, but we were unable to reach him.

Benito Herrera-Tonche Jr.

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