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Escaped inmates face two felonies after being found at an IHOP

If they are convicted, they could face up to 10 more years behind bars.

NEWPORT NEWS, Va. — The two Newport News inmates who escaped from jail and were later found at a Hampton IHOP faced a judge for the first time since their escape on Wednesday.

43-year-old Arley Nemo and 37-year-old John Garza face two class-6 felonies including prisoner escape and prisoner damage property to escape.

If they are convicted, they could face an additional 10 years behind bars.

The Newport News Sheriff's Office said Garza was originally in jail for charges that included contempt of court, probation violations, and failure to appear. 

Nemo was facing charges of credit card fraud, credit card larceny, forgery, possession of burglary tools, grand larceny, contempt of court, and probation violation. 

Credit: Newport News Police Dept.
Arley Vaughn Nemo (left) and John Michael Garza (right)

According to the sheriff's office, jail staffers noticed the two inmates were missing Monday evening after a routine headcount. The pair were not found in their shared jail cell, and a makeshift tunnel was discovered.

According to a preliminary investigation, it appeared the two men used a toothbrush and a metal bar to exploit a construction design weakness.

Based on this incident, a Newport News facility management and engineering team comprised of NNSO personnel and city facilities engineers are reviewing and formulating ways to mitigate the "construction facility weakness."

The escaped inmates were later found at an IHOP in Hampton eating breakfast around 3:30 a.m., according to a spokesperson for the Hampton Police Division, who said officers were tipped off about the two being inside.

The spokesperson said the two were taken back into custody without any issues.

Both men are expected back in court for a preliminary hearing on May 22.

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