Charges dropped against Hernandez
Posted on Wednesday, July 16, 2008
URL: http://www.nwanews.com/bcdr/News/63759/
BENTONVILLE — The murder case of Daniel Francis took another turn Tuesday when prosecutors dismissed charges against Roxana Hernandez but revealed a fourth suspect connected to the crime.
Hernandez, 23, was charged as an accomplice to capital murder and committing a terrorist act. Serafin Sandoval-Vega and Manuel Camacho avoided possible death sentences when they pleaded guilty last week to capital murder and were sentenced to life in prison without the benefit of parole.
Francis was shot and killed on May 7, 2006, while he was a passenger in a car traveling north on U. S. Highway 71 Business in Lowell. Sandoval-Vega, 21, fired the shot while sitting in the back seat of a car driven by Camacho, 27. Hernandez was sitting in the front passenger seat of the car.
Hernandez had agreed to testify against Camacho and Sandoval-Vega.
Circuit Judge Tom Keith signed an order Tuesday morning dismissing the case against Hernandez.
Hernandez was released Tuesday morning from the Washington County Jail, according to her attorney, Reggie Koch.
“ I’m happy with the outcome for Roxana, ” Koch said. “ She was running with the wrong crowd and was in the wrong place at the wrong time. ”
Hernandez spent two years in jail following her arrest and has expressed her remorse for Francis’ family, Koch said.
“ She maintains she did not play a role in the shooting, ” Koch said. “ She was hanging around with the wrong crowd and because of fear did not cooperate early on with police. She knows that this was a horrible thing for (Francis’ ) family, especially his wife and mother. ”
Benton County Prosecuting Attorney Van Stone said Francis’ family was notified about Hernandez’s case being dismissed.
“ We have been in close contact with them every step of the way, ” Stone said. “ We consulted with them on the decision to have Hernandez’s cooperation. ”
Hernandez was charged as an accomplice to capital murder based on the uncorroborated statement of Sandoval-Vega, according to court documents. However, a person cannot be convicted of a felony upon the uncorroborated testimony of an accomplice.
After his arrest, Sandoval-Vega claimed Hernandez handed him the gun and that she and Camacho urged him to fire the weapon, court documents state.
According to court documents, several factors weakened the case against Hernandez:
• The gun used to murder Francis belonged to Camacho;
• Hernandez’s fingerprints were not found on the weapon, and she did not have any gunshot residue on her hands or clothing;
• Camacho had a violent prior conviction for a driveby shooting in California in which five shots were fired into an apartment while it was occupied;
• Sandoval-Vega and Camacho had been together the night before the shooting and had shown others the handgun used in the shooting; and
• Camacho and Sandoval-Vega had asked Hernandez to ride with them to take a still unidentified 15-year-old girl to her older sister’s home in Springdale.
According to the motion for dismissal, Hernandez cooperated with Arkansas State Police investigators and with prosecutors, despite the weak nature of the case against her.
The motion states that as part of her cooperation and out of her concern for her safety, including having received a threat from Camacho in court, Hernandez agreed to remain in jail until the case was resolved.
Hernandez agreed to testify against Camacho and provided a sworn statement concerning Camacho’s role in directing and planning the shooting and checking the weapon before handing the gun to Sandoval-Vega, according to court documents.
Hernandez also provided information concerning Camacho’s past possession of the firearm and his representations about gang activity, and her cooperation made possible the conviction and life-without-parole sentence for Camacho, court documents state.
Hernandez also revealed a fourth suspect connected to the crime. Camacho called Salvador Carillo Gonzalez following the shooting and picked him up in Rogers, according to court documents.
Gonzalez, along with Sandoval-Vega, purchased additional ammunition at Wal-Mart in Rogers using Camacho’s wife’s debit card, court documents state.
A warrant has been issued for Gonzalez’s arrest for hindering apprehension and prosecution.
Investigators were able to confirm that Gonzalez fled the area shortly after the shooting, but certain information recently led investigators to California in an effort to arrest Gonzalez, according to court documents.
Gonzalez is an illegal alien and has served time in the California prison system for burglary, possession of a controlled substance, felon in possession of a firearm, evading police officers, receiving stolen property and parole violations, court documents state.
Hernandez will testify against Gonzalez if he is captured.
Since Hernandez agreed to cooperate with authorities, Koch said he and her family are concerned about her safety. Hernandez is not planning to stay close to Bentonville, Koch said.
“ Danger can follow her wherever she goes, ” Koch said. “ I want her to get with a new crowd, so it’s about changing the people she hangs out with. It’s basically a new chance for her. ”