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Former Deputy Sheriff SentencedA federal judge sentenced former Edwards County (TX) Deputy Sheriff Guillermo 'Gilmer' Hernandez to one year and one day following a guilty verdict on charges that he had violated the civil rights of a smuggled illegal alien.
In April 2005, Deputy Hernandez was making what he thought to be a routine traffic stop; after asking the driver to step out of the vehicle, the driver sped off, putting Hernandez' life in danger. Citing a brief supplied on Hernandez' behalf by the Washington Legal Foundation, the Washington Times reported, "The driver of the vehicle attempted to run into him as it sped away with potentially dangerous occupants and cargo. In a split-second decision, he [Hernandez] shot at the left rear tire to disable the vehicle…the resulting minor injury to one of the occupants from a bullet fragment was not a serious one and certainly not an injury that was willfully inflicted." The prosecution of Deputy Sheriff Hernandez has been decried by many as unjust. At trial, Sheriff Donald Lestinger stated that Hernandez "followed the letter of the law" in this case and added, "I have never had anything hurt me so badly as this prosecution. We've got to make this right." On the House floor, Congressman Ted Poe (R-TX) stated, "The Texas Rangers…made an independent investigation and determined that Deputy Hernandez acted lawfully and within the law when he fired his weapon. But then the Mexican government gets involved, and in their arrogance, demand in writing from their consulate general to our Federal Government that Deputy Hernandez be prosecuted." According to a Los Angeles Times interview of defense attorney Jimmy Parks, Jr., "Although Dawson denied pleas for probation, the judge did deviate from federal sentencing guidelines that made the former deputy eligible for up to nine years in prison." Mr. Parks also indicated that he is planning to appeal the guilty verdict. Paul Kamenar, Senior Executive Counsel at the Washington Legal Foundation told the Los Angeles Times, "We're disappointed that the court did not impose probation…But we're glad that the court rejected the government's draconian recommendation that he serve approximately six years in prison." Hernandez was prosecuted by the office of U.S. Attorney Johnny Sutton - the same prosecutor of the controversial case that landed former Border Patrol Agents Jose Alonso Compean and Ignacio Ramos in prison serving sentences over 10 years. Register and sign FreeGilmer petition here
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