BROWNSVILLE — A judge yesterday ordered a trial in the case of the father of San Benito City Commissioner Carol Lynn Sanchez’s children, who pleaded not guilty to a three-count indictment accusing him of shooting at her father.
In 107th state District Court, Judge Benjamin Euresti set the trial for Jan. 21, with announcements on Jan. 14 in the case in which David Lee Hernandez, 33, of 464 Sombra St. in San Benito, is charged with threatening Cusberto Sanchez “with imminent bodily injury by shooting at (the) victim” July 7.
Euresti reset a $10,000 pretrial release bond which Hernandez had posted July 11.
Hernandez carried a child as he and Carol Lynn Sanchez entered an elevator after Euresti granted his request to waive arraignment in the case in which he faces a charge of aggravated assault with a weapon, a second-degree felony
filed under the Family Code as aggravated assault date/ family/house w/ weapon.
The indictment handed down Nov. 20 also charges Hernandez with deadly conduct in discharging a firearm, a third-degree felony; and possession of a firearm by a felon, a third-degree felony.
The court has appointed attorney Nat Perez to represent Hernandez.
After the hearing, Perez declined comment.
The case stems from a July 7 incident in which San Benito police accused Hernandez of firing a Taurus semi-automatic pistol at Cusberto Sanchez, apparently narrowly missing his face at the family home at 391 Palo Rosa St. in San Benito, according to the indictment and a detective’s affidavit.
In the affidavit, Detective Manuel Alvarez identifies Sanchez’s father as SC, Hernandez’s fatherin- law.
According to the affidavit, SC said Hernandez was drunk when he fired the Taurus pistol at him after he refused to let his son-in-law drive his car.
“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,” Alvarez wrote in the affidavit. “He then pointed the pistol at him and fired the pistol.”
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,” Alvarez wrote in the affidavit. “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, the affidavit states.
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.
On July 9, officers used a warrant to arrest Hernandez before Municipal Judge Benjamin Yudesis set his bail at $50,000.
Later that day, Hernandez was booked on the second-degree felony charge into the Cameron County Jail.
On July 11 in 445th state District Court, Associate Judge Louis Sorola granted Hernandez’s request that his bail be reduced to $10,000 before he was released from jail.
As part of the conditions of release, Solora prohibited Hernandez from drinking alcohol, taking illegal substances and being within 50 feet of a firearm.
Carol Lynn Sanchez has declined comment.