Translated by Otis B Fly-Wheel for Borderland Beat from a Zetatijuana article
[Subject Matter: Larry Hernandez, Court Appearance, Kidnapping
Recommendation: read this article on his arrest, and this article by Lucio on his processing]
After being imprisoned in the West Valley central penitentiary, In San Bernardino County, Caifornia, the narco corrido singer will contest his charges of kidnapping and aggression in South Carolina,where he was summonsed. If found guilty his sentence could be up to 30 years in prison.
Reporter: Trinidad Ramirez Toriz
If found guilty, Larry Hernandez could be sentenced to a maximum of 30 years in prison. According to the laws of South Carolina, United States, that in Article 9 of section 16 3 910,on kidnapping, it states:
"Whomever illegally captures, confines, scams, kidnaps, deprives of liberty, or taking a person by any means without the authority of the law, except when a minor is being captured or taken by his father, is guilty of a felony, and on having been condemned, should be imprisoned for a period not more than thirty year, except when his is convicted of murder, as set out in section 16 3 20".
Larry Hernandez and Jesus Ivan Solis were summonsed on the morning of 16th of August of 2015, after a man called Andrade was deprived of his liberty and beaten by them, for not paying the full amount agreed to for his appearance at Salon Pachuco in Newberry, South Carolina, where he also presented the Horoscopes of Durango and Azteca edition, on Saturday 15th of the same month.
According to the report of Case number 2105-07239, in the City of Newberry the officials Lucas Wolfe and Major Loynes, who attended the call, a man nicknamed Andrade was physically attacked and deprived of his liberty and the command of Larry Hernandez and two other subjects for not paying the 30,000 dollars agreed fee for the singers appearance, he only paid 14,000, he sent his assistant Roberto, to get the missing funds. Andrade explained to the officers, how they wrapped him in clear plastic, beat his face and body and threw him into a brick wall.
He also explained that they drugged him inside the van owned by the singer and then continued to beat him," indicated part of the police report.
He was then forced to put his arms around his attackers as though they were friends, as they moved him through the hotel to a room on the second floor of the Hampton Inn. Once inside the room, Andrade said they proceeded to beat him and threaten him, if Roberto did not return with the rest of the money.
In his testimony he also established that there is a video the he will utilize as proof, also with photographs that the police took at the scene of the crime, evidence of the plastic used to bind him was collected by the authorities.
Larry Hernandez was arrested 40 days after the criminal complaint was made for kidnapping and assault with 3rd grade lesions. He was arrested on Friday 25th of September in the Ontario airport in California: this same day he was transferred to the central penitentiary of West Valley, San Bernadino, California, without bail.
Three day after, Hernandez press office released a communication: "Thanks for your concern at my actual legal situation, I find it necessary to inform everyone that due to instructions from my Lawyers, at this moment it is impossible for me to make any kind of statement, about the judicial process in which I find myself".
"As you well know, I am a person that always has been honest, a hard worker and with a face for every situation, its for that I ask you to have a little patience, and when I can I will answer any questions you have."
"I thank you once more for your interest and support, your friend Larry Hernandez."
Subsequently, at 08:45 on Wednesday, September 30th, finally the singer "El Ardido" or "The Brave One", was presented in front of the Court of San Bernadino, shackled with both hands and feet, wearing the typical green uniform that is prison issue where he is confined. In the hearing, he agreed to be extradited to South Carolina to continue with penal process.
In a video circulation on social networks, one can hear the Judge question the singer:
"Good day, Mr Hernandez we are here this morning to resume the process for your extradition. Have you read the document with your Lawyer?"
"Do you have assistance with the Spanish?"
"Is it your signature that appears on the document?"
"Do you understand that by signing the document, its assumed that you have given up your right to extradition from the State of California, and that you are accepting that you will be taken to South Carolina?"
"Thank you Senor Hernandez, I affirm the document for your return to South Carolina. Thank you Senor Hernandez and good luck."
ZETA interviewed Ray Antonio Estolano, Lawyer for the University of San Diego, who is engaged in other cases of criminal defence in the United States.
" The law in the United States has two systems, we have Federal law, which is the same in all States and we have State law, and each State has its own criminal law", he explained.
"As the incident took place in South Carolina, its that State that dictates if Larry Hernandez can proceed outside the prison system by paying a bail bond, or will proceed while incarcerated."
"When there is an apprehension order in another State, that State can communicate a request for extradition, and that process is time limited, during which time Larry did not have bail as bail is determined under Carolina restrictions."
"As this State sets bail, California cannot modify or grant bail here, it may be granted in Carolina, each State has an agreement with the other States."
In terms of the type of complaint facing the singer, Lawyer Estolano said that if he were found guilty, it might end in a lengthy prison sentence:
"Depending on how the incident happened, you could spend a lot of time in prison. The process will begin with a first hearing to determine if bail should be granted, and the singer released from custody,
"After that, there will be several hearings which will take about 2 months then possibly a year to come to trial, it all depends on the Lawyers that he has. If Carolina is similar to California, the soonest that could be resolved is 60 days," he said.
He also said that bail could be in the region of a million dollars.
His record company
"Vete Acustombrando" is the most recent material recorded by Larry Hernandez, released in 2015 by the Universal Music Company, who did not want to give any statement in respect of the judicial process that faces the singer.
The situation of Hernandez is personal and not related to the music company or its production of material. As of the close of this edition the date and time of his extradition remains unknown.
Original article in Spanish at Zetatijuna