By Juan Montoya
The Cameron County District Attorney's Office says that, if necessary, it will dismiss three felony charges and re-indict David Lee Hernandez, 33, a defendant and common-law husband of San Benito commissioner Carol Lynn Sanchez and said she may be hindering his prosecution by hiding the victim.
The victim? Her father Cusberto Sanchez, who is grandfather to their children.
Hernandez is charged with Aggravated Assault Deadly Conduct, Discharge of Firearm, and Unlawful Possession of a Firearm by a Felon.
The charges stem from an event in which he allegedly aimed a handgun at shot at the father of the city commissioner on July 7, following San Benito city’s ResacaFest on July 6, 2019.
The first charge is a second-degree felony and the two others are third-degree felonies.
Sanchez was present at her father's house at the time of the incident and told police she saw the defendant fire the weapon.
Hernandez was indicted by a Cameron County grand jury on Nov. 20, booked on the second-degree felony on July 9, and released from the Cameron County Jail on July 11.
Announcements on the case were made Feb. 11 when the state told the court they were "not ready" because they had been unable to meet with the victim. The case was then set for Feb. 17 in in Judge Benjamin Uresti's 107th District Court.
The day after announcements (Feb. 12), the DA's Office made the motion for the continuance on all settings because they suspected that Sanchez may be impeding the process and asked the court for more time.
In their motion, the state listed the number of times they tried to interview the victim. They were:
* December 2, when a crime victim advocate spoke with the victim's wife Carmen Sanchez and was told he wasn't home but that she would relay the message. Neither one returned the call.
*January 3, 2020 when the advocate called again twice and there was not answer and she left a voice mail. The "victim" never returned the call.
*Between January 3 and January 6, an investigator tried several times to contact victim to no avail.
*On January 7, Investigators Eugene de Leon and Reynaldo Pineda went to the victim's home but were met by two small barking dogs from inside the fence. De Leon called the victim's number and spoke with Mrs. Sanchez who passed the phone to her husband. When De Leon identified himself, Sanchez hung up. Even though they left a voice mail and a business card in the mailbox, Sanchez did not contact the DA's Office.
"It is of note that Carol Sanchez, is an officer of the court, was present at the victim's home at the time the defendant fire the weapon (at her father)...but has been uncooperative...from the beginning...and in being so, hindered the indictment process. The state ultimately chose to issue a grand jury subpoena to have he testify...in order that we could proceed with the indictment process."
"It is our belief that Carol Sanchez continues to impede the process, influencing the victim, her father, to remain uncooperative. It may be necessary for the state to dismiss the case...The state will then evaluate (its) options and re-indict the case, if necessary.
Court-appointed attorney Nat Perez argued against continuance and made an oral motion for dismissal.
Uresti granted the DA's Office a 60-day continuance and admonished the state this is the last continuance he would grant. The court reset announcements for 8:30 a.m April 21, and set trial for 8:30 a.m on April 27.
Wednesday, February 19, 2020
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22 comments:
No big deal, just a little San Bene Mexican family disagreement pero con pistola.
That’s the way we roll en el san bene Yque.
Observation- How does the spouse of an attorney qualify for a court appointed attorney. He will take it to trial, the victim will not show up, and the State will dismiss the charges.
Does she know that her “father” isn’t biologically her “father”? ¡ay san bene, no te acabes!
La cagas, Juan, la cagas.
How can a city commissioner and wanna be layer go against her own father to protect a loser husband. I really hope you resign your position as a commissioner. You are not the person people voted for.
So, this lawyer whose supposed to abide by the law and that of the State Bar is committing obstruction and tampering with a witness and still walking around? Why Mr. Saenz is anything being done? To Judge Uresti, why aren't you doing something about this? Is it because you and Nat Perez are social buddies and have been for years? I am willing to bet that you made sure that Nat became the self appointed defense attorney? Nat has always had a free reign in your court and us current officers and retired officers have seen that! Quit being a bunch of pussies in CC and start putting people in their place!
Well, we know that carol sanchez, the nasty whore that she is, is still in love with the bum who is the father of her children. She' just another whore who fell in love with a crook like other attorneys! I am a citizen and taxpayer of CC and getting pretty tired of the favortism afforded to certain attorneys, politicians and the upper class!
Carol Sanchez should be prosecuted, indicted for breaking the law and then filed on with the State Bar! As for her father and grandfather, you will regret not following up with the charges! This hernandez bum will take advantage of the dismissal and hurt your family again in the future!
Vera’s Bar-B-Que wins prestigious national award
Hard work and dedication Congratulations
By the way this has NEVER been a taco town Bar-B-Que has always been here every Saturday and every Sunday.
San bene no tiene pistolas pura lengua lol
When you see an officer of the court ignore the laws that they themselves expect a layman to respect without any reprimand , that in itself says a lot of the judicial system in Cameron County. We the citizens are aware that an indictment means no conviction, but it does prove that there is enough evidence to go to trial. The question is "why did Luis Saenz allowed for this indictment if he knew that he was not going to follow up on the case"? Also, of note check it out for yourself, seems like every time one of their own get indicted , they run for the 107th District Court with judge Benjamin Uresti. Could this judge be another Limas, or Rudy Delgado judge? Maybe the Feds need to check this out This is just my opinion
The government of Mexico announced that it was tightening its border with the United States “effective immediately” after Donald Trump pardoned a host of white-collar criminals on Tuesday.
Speaking to reporters, the President of Mexico, Andrés Manuel López Obrador, said that Mexican border agents were on alert to prevent any recipients of Trump’s pardons from crossing into their country.
“They’re bringing bribery, they’re bringing tax evasion, they’re bringing racketeering,” Obrador said. “I wish I could say that some of them were good people, but that does not appear to be the case.”
Obrador said that border agents had been given “special instructions” to block the entry of Rod Blagojevich, the former governor of Illinois, whom he called “El Blago.”
“If El Blago enters our country, he will head straight to Mexico City and start trying to sell Senate seats,” Obrador said. “He is a dangerous man.”
Concluding his remarks, Obrador said that he had contacted Trump directly to warn him against sending the criminals to Mexico. “I told him to find places for them in his Cabinet,” he said.
el yonke del valle.
Man all this negative stuff coming out of San Benito. It’s like what kind of people are running that city. Well elections are here y’all need to clean house and get all new people.
just a normal day in san benito expect no different. you have an x police chief that supposedly violated every policy in the police manual. the x chief only reduced to LT. and reduction in pay along with some a lil letter of reprimand. O and the x chief wants to run the sheriff office now. don’t think so I am sticking with Lucio.
Clean house sanbene? Its like asking the city to repair the streets and potholes. NEVER HAPPEN!!!
WOW OH WOW OH WOW.
THUG LIFE FOREVER.
Does every meskin in san bene have gringo names pinche cocos
NOMBRE PURO GRINGO NALGA PRIETAS EN ESE SAN BENE.
Way to represent San Benito Commissioner SANCHEZ. Bet the Commission n Mayor are so proud of you. You have my vote when you run for re-election. It’s the right way and then it’s the san burrito way. YQUE
LOL pobre sanbene puros gavachos...
they named it after a saint so mexicans could settle there mainly because its a cenote and the gringos couldn't sell that piece of land (shit) so they made a simple decision SELL IT TO THE MEXICANS... true history of sanbene lol...
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