A suspect who is in the country illegally from Mexico was arrested and charged with multiple crimes he committed at a home and a business in Wahneta. He provided full confessions and an ICE hold has been placed on him in the Polk County Jail.
The investigation began on Saturday, January 31, 2026, when a homeowner on 11th StreetWest in the Wahneta area of Winter Haven to report two incidents of arson at her property. The following is an excerpt from the affidavit, and it is self-explanatory:
The victim advised that approximately 3 weeks prior to today’s date she discovered a trail of burnt grass leading across the yard behind a mobile home located on her property. She advised she confronted a resident on her property with what she located and he admitted to her he had set the fire.
On today’s date, between 0230 and 0300 hours, she observed a light glowing from beneath the mobile home. Upon inspection, she discovered a wooden pallet with tree branches on it had been placed under the home and was set on fire. She advised she was able to remove the pallet and extinguish the fire using a garden hose. She advised while doing this, she observed the suspect approximately half way across the property between her location and a travel trailer the suspect was staying in. She advised when she saw the suspect, he ignited an additional fire.
She advised when she saw the suspect, and he lit the fire, the fire started as though he had used gasoline or something else to start the fire. She approached the suspect and asked him once again about the fire stating to me that he admitted setting the fire because he was told to do so.
I next made contact with the suspect identified as Marcelino Gillen-Hernandez DOB 4/26/1965 (Non US Citizen). Through the assistance of D/S Torres #9084 acting as a Spanish translator, I first identified myself and then Mr. Hernandez was Mirandized utilizing an agency issued Miranda Warning card. During this interview, Mr. Hernandez stated he set both fires stating he was told to do so by people at a residence he used to live at.
It should be noted, while speaking with Mr. Hernandez, he advised the item (accelerant) he used to light the fires was located in the basket of his bicycle. Upon inspection, a black plastic bottle in plain view with the label TiKi brand BiteFighter Citronella Torch Fuel was located. Based on this investigation, Mr. Hernandez was then taken into custody.
For these crimes, Hernandez is being charged with 2 counts arson, a capital felony due to the crimes being committed by someone in the country illegally, which enhances criminal charges up by one degree.
After Hernandez was taken into custody, he told deputies that he had also previously broken some windows at the Placita Mexico store in Wahneta. Additional detectives responded to the scene to conduct a follow-up investigation regarding those crimes.
The following are excerpts from the affidavit in that investigation:
During an unrelated arson investigation (PCSO 26-4320), PCSO Deputy Sheriff Johnston and Deputy Sheriff Torres made contact with Marcelino Hernandez, who was identified as the suspect in that incident. During a post-Miranda interview conducted at the scene of the arson investigation, Hernandez admitted to breaking windows at Placita Mexico on three separate occasions. Hernandez was subsequently taken into custody and interviewed regarding the Placita Mexico incidents.
During the interview, Hernandez admitted to intentionally damaging windows and doors at Placita Mexico, located at 3390 Rifle Range Road, on three separate occasions. Hernandez stated that on the first occasion he attempted to break a window using a rock but was unsuccessful. He advised that on a subsequent occasion he returned and successfully broke a door window. On another occasion, he stated he struck a door with a hammer in combination with a rock. Hernandez described the rocks as being approximately the size of a pool ball and stated they were obtained from the roadway near the business. He specifically acknowledged striking doors and windows protected by metal security bars, which prevented him from entering the store.
When asked about his motivation, Hernandez stated he was frustrated and irritated due to ongoing issues involving people in the area and expressed anger toward the store owner. He indicated that he believed the store owner was aware of issues occurring in the area and did nothing about them, which contributed to his actions. Hernandez acknowledged that his actions were intentional and that he caused the damage out of frustration. He admitted that he was unable to enter the business due to the security bars.
Hernandez acknowledged that breaking the windows was unlawful and stated he understood he would be charged for the damage. He was advised that he would not be allowed to return to the business property. Hernandez stated he understood and agreed he would not go back to the location.
Through my investigation, I determined probable cause existed to arrest the suspect, Marcelino Hernandez, for violation of the following Florida state statutes:
26-3253 – Between 01/23/26 at approximately 2030 hours and 01/24/26 at approximately 0700 hours, the suspect, Marcelino Hernandez, unlawfully entered or remained in a structure, or attempt to enter Placita Mexico, located at 3390 Rifle Range Road, Wahneta, Winter Haven, Florida, with the intent to commit an offense therein, while the structure was unoccupied and without being armed. The suspect, Marcelino Hernandez, unlawfully and intentionally damaged property belonging to Placita Mexico by throwing a rock at a door window, causing damage valued at approximately $300.00.
26-3355 – Between 01/24/26 at approximately 2030 hours and 01/25/26 at approximately 0700 hours, the suspect, Marcelino Hernandez, unlawfully entered or remained in a structure, or attempted to enter Placita Mexico, located at 3390 Rifle Range Road, Wahneta, Winter Haven, Florida, with the intent to commit an offense therein, while the structure was unoccupied and without being armed. The suspect, Marcelino Hernandez, unlawfully and intentionally damaged property belonging to Placita Mexico by throwing a rock at window, causing damage valued at approximately $300.00.
26-4111- Between 01/29/26 at approximately 2030 hours and 01/30/26 at approximately 0700 hours, the suspect, Marcelino Hernandez, unlawfully entered or remained in a structure, or attempted to enter a structure, Placita Mexico, located at 3390 Rifle Range Road, Wahneta, Winter Haven, Florida, with the intent to commit an offense therein, while the structure was unoccupied and without being armed. The suspect, Marcelino Hernandez, unlawfully and intentionally damaged property belonging to Placita Mexico by striking multiple entry doors with rocks and a hammer, causing damage with an estimated repair cost of approximately $1,000.00.
For these crimes, Hernandez is being charged with 3 counts unoccupied burglary (F2), 2 counts criminal mischief with property damage less than $1,000 dollars (F3), and 1 count criminal mischief with property damage $1,000 or more (F2). Each of these charges have been enhanced by one degree due to the suspect being in the country illegally.
“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 $1600 worth of damage to a local business as well. 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.” – Grady Judd, Sheriff
