The parole agent, Tammy Caputa, claimed Mertins and her children knew Cubero was violating the conditions of his release by tattooing minors but did not report him. The agent, with cooperation from a prison social worker, also blocked his fiancée, Charlotte Mertins of Delafield, and her three children, all in their 20s, from visiting him. Nonetheless, Cubero's parole agent recommended he be sent back to prison.

During the four years he'd been free, he passed all his drug tests, paid his restitution and court costs and worked fairly steadily. Until the parents of the 15-year-old complained about the tattoo, Cubero had never violated parole, according to Corrections Department records.

Court records show Cubero, 18 at the time of the offense, did not plan the robbery or fire the shots that killed the victim, a Milwaukee dentist. If he had been convicted of tattooing without a license, a misdemeanor, he could have been fined $500 and faced a maximum of 30 days in jail.īut because he was on parole at the time, Cubero, 52, has served more than two years - with no guarantee he will ever go home.Ĭubero already had spent more than 27 years behind bars for being a party to the crimes of first-degree murder and armed robbery. Had Cubero been found guilty of tattooing a minor, a city ordinance violation, he would have been ticketed and fined $200.

The tattoo featured a cross and a quote from peace activist Marianne Williamson: 'Our deepest fear is not that we are inadequate, our deepest fear is that we are powerful beyond measure.'Ĭubero maintains the teen lied about his age. Hector Cubero's agent, for example, recommended he be returned to prison on his original sentence of life with the possibility of parole after he inked a tattoo on the shoulder of a 15-year-old boy. Once accused of violations, people on parole can be sent back to prison for years without proof beyond a reasonable doubt - and they are left with little chance of a successful appeal. The process that forces violators back behind bars relies largely on the judgment of individual parole agents, which can vary widely. Re-incarcerating people for breaking the rules costs Wisconsin taxpayers more than $100 million every year. Some were suspected of criminal activity, but not charged. Some were punished for violating probation or parole by doing things such as accepting a job without permission, using a cellphone or computer without authorization, or leaving their home county. More than half of the nearly 8,000 people sent to Wisconsin's prisons in 2013 were locked up without a trial - and they weren't found guilty of new crimes.

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