The Mercury reported that 19-year old Pablo Rosas Hernadez, a San Jose resident, was arrested yesterday on suspicions that he killed his eight month baby girl. He is set to be arraigned on felony first degree murder, a charge if convicted, carries a term of 35-years to life. The Police report that Hernandez, a suspected gang member, bludgeoned the baby to death at his San Jose home on Julian Street. When emergency personnel arrived, the baby was unresponsive and declared dead at the scene.
The suspect's father, Santiago Hernadez, told police that when he (Santiago) came home from the flea market he heard that the baby had been in an accident, possible a fall, and was seriously injured. Santiago admits that his son was troubled as a youth, but that he reformed his ways after the birth of his daughter. However, in March, the suspect was involved in a gang-related stabbing. Although Hernadez was a victim, it is not clear if he was involved in gang activity at the time.
At the time of Hernadez' arraignment he will most likely be referred to the Public Defender. That is of course, unless he or his family can afford to retain private counsel. This is a case that is almost certain to go to trial, unless Mr. Hernadez' lawyer can broker a plea bargain for him. However, often times in murder cases there will be no offer on the table and the case will have to proceed to trial. For Santiago, well, he already lost a grandaughter, now he may well lose his son too the penitentiary.
If you are being charged with a crime you need an effective but affordable attorney. Call Erik Johnson at (408) 246-3004 for a free consultation. Know your rights