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.
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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.
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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.
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*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.
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.
"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.