Father of council member’s children indicted; Hernandez charged with aggravated assault

David Lee Hernandez

BROWNSVILLE — A Cameron County grand jury has indicted the father of San Benito City Commissioner Carol Lynn Sanchez’s children in a case in which he’s accused of shooting at her father.

The three-count indictment charges David Lee Hernandez, 33, of 464 Sombra St. in San Benito, with aggravated assault with a weapon, a second- degree felony filed under the Family Code as aggravated assault date/family/house w/ weapon; deadly conduct in discharging a firearm, a thirddegree felony; and possession of a firearm by a felon, a thirddegree felony. The indictment handed down Nov. 20 accuses Hernandez, who was convicted of felony theft from a person in 2011, of threatening Cusberto Sanchez “with imminent bodily injury by shooting at (the) victim” on July 7.

State District Judge Benjamin Euresti has set an arraignment hearing for Dec. 10 in 107th state District Court. Yesterday, Carol Lynn Sanchez declined comment.

The case stems from a July 7 incident in which San Benito police accused Hernandez of firing a shot that apparently narrowly missed Cusberto Sanchez’s face at the family home at 391 Palo Rosa St.

Early July 7, a man police identified as SC told an officer Hernandez was drunk when he fired a Taurus handgun at him after he refused to let Hernandez drive his car, according to authorities.

“When SC refused to allow him to leave in the vehicle, David pulled a pistol from his waist area and readied the pistol by pulling back the slide and loading a bullet,” Detective Manuel Alvarez wrote in an affidavit. “He then pointed the pistol at him and fired the pistol.”

The affidavit identifies Hernandez as SC’s son-inlaw.

According to the affidavit, Hernandez came close to shooting SC in the face.

“SC told me that he could feel the hot air of the burning gases pushing against his face as the bullet passed by his face,” the affidavit states.

“He could feel the gunpowder hit his face.”

When he heard police sirens, Hernandez ran toward the back of the house in the 300 block of Palo Rosa, according to the affidavit.

Officers, who could not find Hernandez, recovered a loaded pistol and a spare loaded magazine behind a concrete block used to support the house, according to the affidavit.

On July 9, Hernandez was arrested on a warrant.

During Hernandez’s arraignment hearing, Municipal Judge Benjamin Yudesis set bail at $50,000.

On July 9, Hernandez was booked on the second- degree felony into the Cameron County Jail.

According to Cameron County’s 445th state District Court, Associate Judge Louis Sorola granted Hernandez’s request that his bail be reduced to $10,000.

On July 11, Hernandez was released from jail.

As part of the conditions of the release, Solora prohibited Hernandez from drinking alcohol, taking illegal substances and being within 50 feet of a firearm.

fdelvalle@valleystar.com

PREVIOUS COVERAGE

Father of San Benito commissioner’s children charged with shooting