BROWNSVILLE — A judge has pushed back the trial of the father of San Benito City Commissioner Carol Lynn Sanchez’s children, who is accused of shooting at her father.
In 107th state District Court, Judge Benjamin Euresti has moved the trial, originally set for Jan. 21, to Feb. 17, with announcements on Feb. 11.
On Tuesday, Euresti postponed the trial after prosecutor Arturo Villarreal requested the court give defense attorney Nat Perez more time to review state evidence gathered during the case’s discovery phase.
Prosecutors presented Perez with that information Wednesday.
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 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.
Fingerprint expert
Earlier this month, prosecutors requested Euresti grant them authority to fingerprint Hernandez to compare his prints with those documented in his “other final judgments and convictions,” according to a court record.
Authorities also believe Hernandez hid the pistol he used in the shooting under a house in the 300 block of Palo Rosa.
The case’s expert witnesses include Commander L.C. DeLeon, a fingerprinting expert with the district attorney’s office; Vanessa Robles, a forensic scientist specializing in fingerprinting; and Oralia Jaure, a domestic violence expert with the Family Crisis Center in Harlingen.
Allegations
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 father in- 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,” the affidavit states. “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.
Carol Lynn Sanchez has declined comment.
