Gilmer Hernandez
Encyclopedia
Guillermo F. Hernández, better known as Gilmer Hernandez, is a former Sheriff
’s Deputy of Edwards County, Texas from Rocksprings, Texas who was convicted on a charge of violation of civil rights
of an illegal alien
.
The initial investigation by the Texas Rangers
and members of the ATF
cleared Hernandez of any wrongdoing. However, over a year later, the United States Department of Justice
reopened the case under U.S. Attorney Johnny Sutton
. On December 1, 2006 Hernandez was convicted for violation of civil rights of the injured person on the grounds that he should not have shot at the fleeing vehicle since his life was not in danger. Defense contested that Hernandez did believe that his life was in danger.
Hernandez was sentenced to a prison term of 12 months and one day.
Texas Congressman Ted Poe
defended the deputy by stating that the “Federal Government is more concerned about people illegally invading America than it is about the men who protect America. Once again, our government is on the wrong side of the border war.”
The case has been linked to those of convicted border guards Ignacio Ramos
and Jose Compean
by dubbing them “The Texas Three”, all involved in Mexican border incidents with smuggling, illegal aliens, use of firearms, and prosecuted by Johnny Sutton . According to America's Most Wanted
, action on part of the Mexican government demanding that the "crime" will not be unpunished may have pressured the prosecution.
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
’s Deputy of Edwards County, Texas from Rocksprings, Texas who was convicted on a charge of violation of civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
of an illegal alien
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
.
Border incident and prosecution
On April 14, 2005, Deputy Hernandez stopped a vehicle for running a red light. After coming to a stop, the driver who had hidden several illegal aliens in his vehicle tried to flee, nearly hitting Hernandez in the process. Hernandez fired several shots at the vehicle, aiming for the tires. When the vehicle halted due to the blown tires, several people fled the vehicle. One of the bullets Hernandez fired injured a woman in the vehicle, shattering some of her teeth.The initial investigation by the Texas Rangers
Texas Ranger Division
The Texas Ranger Division, commonly called the Texas Rangers, is a law enforcement agency with statewide jurisdiction in Texas, and is based in Austin, Texas...
and members of the ATF
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
cleared Hernandez of any wrongdoing. However, over a year later, the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
reopened the case under U.S. Attorney Johnny Sutton
Johnny Sutton
Johnny Sutton is an attorney who served as United States Attorney for the Western District of Texas from 2001 until 2009, and chaired the Attorney General's Advisory Committee of United States Attorneys. Sutton is known for the prosecution of United States Border Patrol agents Jose Compean and...
. On December 1, 2006 Hernandez was convicted for violation of civil rights of the injured person on the grounds that he should not have shot at the fleeing vehicle since his life was not in danger. Defense contested that Hernandez did believe that his life was in danger.
Hernandez was sentenced to a prison term of 12 months and one day.
Reaction
The guilty verdict surprised the Rocksprings community and triggered many responses, most in opposition to the verdict.Texas Congressman Ted Poe
Ted Poe
Lloyd "Ted" Poe is a Republican politician currently representing Texas's 2nd congressional district in the United States House of Representatives. The district includes most of northern Houston, as well as most of the Beaumont-Port Arthur metropolitan area. He is the first Republican to ever...
defended the deputy by stating that the “Federal Government is more concerned about people illegally invading America than it is about the men who protect America. Once again, our government is on the wrong side of the border war.”
The case has been linked to those of convicted border guards Ignacio Ramos
Ignacio Ramos
Ignacio Ramos is a former United States Border Patrol Agent, who shot an allegedly unarmed illegal alien and drug smuggler on the United States–Mexico border. He was convicted of causing serious bodily injury, assault with a deadly weapon, discharge of a firearm in relation to a crime of violence,...
and Jose Compean
Jose Compean
José Alonso Compeán is a former United States Border Patrol Agent, convicted of shooting a non-compliant, illegal alien drug smuggler on the United States–Mexico border near El Paso, Texas, on February 17, 2005 and "obstructing justice by willfully defacing the crime scene"...
by dubbing them “The Texas Three”, all involved in Mexican border incidents with smuggling, illegal aliens, use of firearms, and prosecuted by Johnny Sutton . According to America's Most Wanted
America's Most Wanted
America's Most Wanted is an American television program produced by 20th Television, and was the longest-running program of any kind in the history of the Fox Television Network until it was announced on May 16, 2011 that the series was canceled after twenty-three years, with the final episode...
, action on part of the Mexican government demanding that the "crime" will not be unpunished may have pressured the prosecution.