Skip to comments.Family criticizes jury after verdict finds manslaughter, not murder, in crash that killed 3
Posted on 01/29/2011 12:07:39 PM PST by moonshinner_09
Tearful jurors apologized to the families of the victims after deciding a drunk driver was not guilty of murder in an accident that killed three people. Jurors decided the man was guilty of the lesser charge of manslaughter.
One of the families slammed the jury, saying jurors didnt understand the law and showed "undue favoritism towards an illegal immigrant with no drivers license, who had an outstanding DUI warrant."
The verdict came Friday in the case of Erculano Sanchez Hernandez, 24, of Delano, who caused a New Years Day, 2010 Highway 46 accident.
Hernandez was found guilty of three counts of DUI vehicular manslaughter for killing Richard Jung, 21; Jung's mother Hyun Kim, 49; and Carl Logan, 71. Logan's wife, Vivian, was severely injured but recoverd.
"We are frustrated by the decision of the jury," said a statement from the Logan family.
"After speaking with the jurors, we feel that they had a lack of understanding of the law and undue favoritism towards an illegal immigrant with no drivers license, who had an outstanding DUI warrant but received sympathy because of contrived ignorance.
"While ignorance is never a defense for breaking the law, it was allowed and accepted by the jury in this case," the familys statement said.
According to court documents, Hernandez was driving east on Highway 46 near the Kern County line when he rear-ended Jung and Kim. Jung's vehicle was pushed into oncoming and collided with Logan's vehicle.
Prosecutor Robert Murray argued Hernandez's actions demonstrated a "wanton disregard for human life," and made him guilty of second-degree murder.
Defense attorney Michael J. Webb told jurors Hernandez was guilty of manslaughter, but there was not enough evidence to prove he was guilty of murder.
Jurors agreed with the defense attorney, but only reluctantly.
(Excerpt) Read more at kget.com ...
Ludicrous. This is when the family must dispense justice, regardless of how long it takes.
It sounds like the “jury” was afraid they might be branded as “racists” if they found an illegal alien guilty of murder.
Given the trial was in the San Joaquin valley I would love to see the composition of this jury.
Tearful jurors. awwwwww.
Try being the main parties for a funeral over a senseless death if ya wanna cry..
I wish the article made clear just how the jury misunderstood the law. I personally have no idea what it was about the law they misunderstood.
The other crime that will be committed is this animal will be deported after release,sneak back in and face no real penalty for returning. Its a revolving door. We need to start with a 5 year sentence followed by 10 years for someone thrown out that sneaks back in. Furthermore,since the ‘country’ of Mexico refuses to stop their citizens from sneaking they should be liable for the costs of such imprisonment. Since they will not pay our next step should be to stop all legal immigration as well as putting any citizenship applications hold. No renewal of green cards either. There needs be consequences for those sneaking back in.
Maybe they are racist. Maybe they don't like people of oriental heritage....
Something to ponder....
You might be right!
Youre right. I went to the link, and all it says is the foreman felt bad, but the state didnt prove its case. Without any other statements provided by the author, it is unfair to blame the jury. From what the foreman said, it sounds like the prosecutor is the one who let the family down. But we dont know for certain.
BUMP what you said.
Anyone who depends on the “justice system” for justice is a fool.
Say I’m drinking in a bar and I walk outside and stab someone to death they convict me of what? Murder? And I get a life sentence.
Say I’m drinking in a bar and I walk outside, get in my car, and run someone’s ass over and they convict me of what? A booboo? And I get a couple of years.
My thought exactly!! If an event like this happened in my immediate family and I did nothing, (if ‘justice was not served’ by the judicial system as in THIS case I STRONGLY feel)? Well, I would not, could not EVER live with myself. I’m a fellow old timer Max and I have had this conviction for many, many, many years....and my immediate family is aware of that belief of mine also...not all agree but that is just how it is.
Bet she's a DemoRat and the families all voted Rat last election.
The Jurors outta tell 'em to shove it.
According to the family, the jury didn't know that "ignorance of the law" is no defense.
I was not in the courtroom, and did not hear the trial...if the prosecutor could not prove his case beyond a reasonable doubt, then he is the one to shoulder the blame for the verdict......wow, have things gone topsy turvy over the past several decades...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.