WINTER HAVEN, FL — A man identified as Marcelino Gillen-Hernandez, DOB 4/26/1965, a non-U.S. citizen from Mexico, was arrested by the Polk County Sheriff’s Office and charged with multiple felonies following incidents of arson at a residence and criminal damage at a local business in the Wahneta area.
The investigation began on January 31, 2026, when a homeowner on 11th Street West reported two arson incidents on her property. Approximately three weeks earlier, she discovered a trail of burnt grass behind a mobile home and confronted a resident, who admitted to setting the fire. On January 31, between 2:30 a.m. and 3:00 a.m., she observed a glowing light under the mobile home, where a wooden pallet with tree branches had been placed and ignited. She extinguished the fire using a garden hose and saw the suspect approximately halfway across the property toward a travel trailer where he resided. The suspect then ignited an additional fire, which appeared to involve an accelerant such as gasoline.
The suspect, later identified as Gillen-Hernandez, was interviewed with the assistance of a Spanish translator. After being read his Miranda rights, he confessed to setting both fires, stating he had been instructed to do so by individuals from a previous residence. Deputies located a black plastic bottle labeled Tiki brand BiteFighter Citronella Torch Fuel in the basket of his bicycle, which he indicated was the accelerant used.
Gillen-Hernandez was taken into custody and charged with two counts of arson. These charges are enhanced to capital felonies due to the suspect being in the country illegally, elevating them by one degree.
Following his arrest, Gillen-Hernandez further admitted to previously damaging property at the Placita Mexico store, located at 3390 Rifle Range Road in Wahneta. He confessed to breaking windows and doors on three separate occasions:
- On one occasion (between January 23 and 24, 2026), he attempted to break a window with a rock but failed, then successfully broke a door window, causing approximately $300 in damage.
- On another occasion (between January 24 and 25, 2026), he threw a rock at a window, causing approximately $300 in damage.
- On a third occasion (between January 29 and 30, 2026), he struck multiple entry doors with rocks and a hammer, causing approximately $1,000 in damage.
He stated the acts were motivated by frustration and anger toward the store owner, whom he believed was aware of area issues but took no action. He acknowledged the damage was intentional, that he could not enter due to security bars, and that he understood the unlawfulness of his actions.
Gillen-Hernandez was charged with three counts of unoccupied burglary (second-degree felony), two counts of criminal mischief with damage less than $1,000 (third-degree felony), and one count of criminal mischief with damage $1,000 or more (second-degree felony). All charges are enhanced by one degree due to the suspect being in the country illegally. The total estimated damage to the business exceeds $1,600.
An ICE hold has been placed on Gillen-Hernandez at the Polk County Jail.
Sheriff Grady Judd stated: “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.”
SOURCE: POLK COUNTY SHERIFF’S OFFICE
