Upon the conclusion of a two day trial in District Court yesterday, Antonio Hernandez was found guilty on one count of Criminal Sexual Penetration (child under 13) First Degree Felony, multiple counts of Criminal Sexual Contact/ Minor (child under 13 unclothed) Second Degree Felony, and one count of Criminal Sexual Contact/Minor (child under 13 clothed) Third Degree Felony. Hernandez sexually assaulted a child under the age of 13 on April 18, 2010. After the crime was reported, and while charges were pending, Antonio Hernandez fled the state. Five months later Hernandez was arrested and extradited from Texas.
The case was heard before the Honorable Judge Macias. The jury deliberated for forty minutes before rendering a guilty verdict on all counts. Antonio Hernandez was taken into custody without bond pending the Sentencing Hearing which is expected to occur within the next thirty days. A guilty verdict on the First Degree Felony in this case is a mandatory 18 year sentence, the Second Degree Felonies carry possibilities of a minimum of 3 years up to a maximum of 15 years, and the Third Degree Felony in this case is a possible 6 year sentence. If probation is ordered it could be anywhere from 5-20 years and Parole could be 5years up to natural life.
"Those statutes were established in 2007, because the legislature recognized that sex offenders, pose a substantial and continuing risk to the community. I was pleased with the verdict, and the victim's family felt that justice was served in this matter", said Chief Deputy District Attorney Roxeanne Esquibel. Third Judicial District Attorney Mark D'Antono stated that he has the best litigation staff in the state, and was pleased that justice was served in this matter.