HRLR
Los Tocayos Carlos
Chapter 17
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All Chapter 17 Footnotes

Again, it crossed no one's mind to rethink former Assistant District Attorney Schiwetz's confident declaration to the jury, which promptly convicted Carlos DeLuna and sentenced him to die, that Carlos Hernandez was a "phantom" and that DeLuna's testimony about him was a lie. And no one questioned Federal Judge Head's conclusion, which signaled the end of DeLuna's claim of innocence on appeal, that "Carlos Hernandez probably never existed."102

By May 1991, nineteen months into his 120-month sentence, a year and half after Carlos DeLuna's execution, Carlos Hernandez was back out on parole haunting the streets of Corpus Christi.103 First among those he frightened were Dina Ybañez and her children. Even after she moved to another house to avoid Hernandez, he tracked her down and threatened to kill her. "Every time he would see me," Dina recounted, "he would say that 'I didn't get rid of you the last time, but the next time I'm going to make sure you die.' I still get nightmares."104 The attacks only stopped when she moved with her children to San Antonio.105

* * * * *

Harassing Dina wasn't Hernandez's only offense in the years after he was paroled. In March 1994, he and a friend named Mary Ellis were caught with twenty-four grams of heroin, bagged for sale, at the Harbor Inn Bayfront in Corpus Christi.106 Somehow invisible again, Carlos was not even charged, and his parole on the Ybañez assault remained intact.107

Finally, in September of 1996, after being assigned a female parole officer with less patience than her male predecessors had shown for Hernandez's brand of violence,108 his parole was revoked for one, last time.109 His final offense was threatening several neighbors with a nine-inch knife.110

By now in the terminal stages of cirrhosis of the liver, with complications from years of excessive drinking and smoking, Carlos Hernandez spent the rest of his short life in prison. He died on May 6, 1999, just shy of his forty-fifth birthday.111 Because Hernandez's ten-year sentence for nearly eviscerating Dina Ybañez ended on October 1, 1999, if Hernandez had survived another five months, he would have been returned to the streets of Corpus free of any prison or parole supervision for the first time since 1972.112 In keeping with the wishes of his mother Fidela, who refused to use the life insurance payout to transport his body back to Corpus Christi, Carlos Hernandez was buried in a pauper's grave on prison grounds.113

* * * * *

"When you think of Carlos Hernandez today," an investigator asked Dina Ybañez at the end of her interview, "what do you think?"114

Dina answered without pausing. "I don't feel sorry for him. I'm glad he's dead. He won't hurt nobody else no more. That's what I think of him."115 Then she said, "If you had asked me this years ago maybe I could have saved Carlos DeLuna, because he was innocent."116

Sources

Other Primary Records

  1. Acknowledgement of Guilty Plea, Texas v. Carlos Hernandez, No. 89-CR–957-H (Nueces Cty., 105th Dist. Tex. Oct. 9, 1989);

  2. Arrest Sheet No. 10920 for Carlos Hernandez, Corpus Christi Police Dep't (July 29, 1978);

  3. Arrest Sheet No. D12834 for Carlos Hernandez, Corpus Christi Police Dep't (Apr. 17, 1985);

  4. Arrest Sheet No. 68362 for Carlos Hernandez, Corpus Christi Police Dep't (Apr. 15, 1989);

  5. Biography of Mark Skurka, Texas A&M University at Corpus Christi, http://rattler.tamucc.edu/Syllabi_Courses/CV/Skurka_Mark.pdf (last visited Mar. 4, 2012);

  6. Certificate of Parole for Carlos Hernandez, Tex. Bd. Of Pardons and Parole (May 20, 1991);

  7. M. DeLeon, Corpus Christi Police Officer, Supplementary Report (Apr. 15, 1989);

  8. Disciplinary Report for Carlos Hernandez, Tex. Dep't of Corrections (Apr. 15, 1990);

  9. Felony Bail Bond Before Indictment, Texas v. Carlos Hernandez, No. 89-CR–957-H (Nueces Cty., 105th Dist. Tex. Apr. 21, 1989);

  10. O. Fulton, Field Arrest Report, Nueces County Sheriff's Dep't, (filed Jan. 12, 1996);

  11. Google Maps, https://maps.google.com (search "1014 Seventh Street Corpus Christi Texas") (last visited Mar. 25, 2012);

  12. Carlos Hernandez, Statement to Corpus Christi Police Dep't (Apr. 15, 1989);

  13. Indictment, Texas v. Carlos Hernandez, No. 89-CR–957-H (Nueces Cty., 105th Dist. Tex. Apr. 21, 1989);

  14. Inmate Release Report for Carlos Hernandez, Tex. Bd. of Pardons and Parole (May. 30, 1997);

  15. Investigator's Report of Custodial Death, Tex. Dep't of Criminal Justice (May 6, 1999);

  16. Jail Release Form With Fingerprints, Corpus Christi Police Dep't (Apr. 17, 1989);

  17. Website for Attorney Grant Jones, http://www.grantjones.net (last visited Mar. 4, 2012);

  18. Judgment on Plea of Guilty, Texas v. Carlos Hernandez, No. 89-CR–957-H (Nueces Cty., 105th Dist. Tex. Apr. 21, 1989);

  19. [First name unknown] Kearney, Corpus Christi Police Officer, Supplementary Report (Apr. 15, 1989);

  20. Social and Criminal History for Carlos Hernandez, Tex. Dep't of Corrections (Mar. 15, 1990);

  21. Tex. Dep't of Criminal Justice, Clemency and Parole System Records for Carlos Hernandez (Aug. 13, 2004);

  22. Dina Ybañez, Neighbor of Carlos Hernandez, Statement to Corpus Christi Police Dep't (April 16, 1989);

See supra Chapter 15, notes 191–192 and accompanying text.

Certificate of Parole for Carlos Hernandez, Tex. Bd. Of Pardons and Parole (May 20, 1991) at 1.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:33:47–03:34:15 ("I had to move out of town. He wouldn't leave me alone. Every time he would see me, he would say that 'I didn't get rid of you the last time, but the next time I'm going to make sure you die.' I still get nightmares.").

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:33:47–03:34:15;

see Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 03:29:38–03:31:21 ("[Hernandez] didn't want to leave me alone until I moved to San Antonio. It was like three times that he came bothering me after that, after he stabbed me. He was very violent.");

Peso Chavez's Notes of Interview with Dina Ybañez, Neighbor of Carlos Hernandez (June 14–15, 2004) at 3 ("Things were so bad with this man that I finally had to move to San Antonio to get away from him. What he has done had an impact on my two oldest boys—they grew up with a lot of anger and they never received any professional help as they desperately needed.");

Peso Chavez's Notes on Interview with Johnny Ybañez, Neighbor of Carlos Hernandez (Aug. 4, 2004) at 2 ("After that I never really saw much of him because we kept moving around and finally we moved to San Antonio. I think the reason he stabbed my mom is because he wanted to be with her and she didn't want him. At the time he was with Gilbert [Limon]").

See supra Chapter 9, notes 39–40 and accompanying text.

See supra Chapter 9, notes 41–43 and accompanying text.

Susan Montez's Notes on Interview with Cindy Maxwell, Girlfriend of Carlos Hernandez (July 22, 2004) at 4 ("He did not want to meet with his parole officer. That woman really had it in for Carlos. She wanted him to be locked up. Cindy does not remember her name, but she was a tall white woman. Carlos went to prison in 1995 [sic—1996]. Cindy was not sure how long his sentence was for. She could not understand it at all. She thought it was because his parole officer wanted him locked up.").

Tex. Dep't of Criminal Justice, Clemency and Parole System Records for Carlos Hernandez (Aug. 13, 2004) at 2 ("9–26–1996 Currently An Inmate . . . . Parole Violator").

O. Fulton, Field Arrest Report, Nueces County Sheriff's Dep't, (filed Jan. 12, 1996) ("We were dispatched to the above location in reference to a disturbance w/ a knife. Upon arrival we contacted the suspect [Carlos Hernandez] who had been threatening other residents of the above location and was carrying a concealed knife.").

Investigator's Report of Custodial Death, Tex. Dep't of Criminal Justice (May 6, 1999) at 1.

Social and Criminal History for Carlos Hernandez, Tex. Dep't of Corrections (Mar. 15, 1990) at 1 (indicating that Hernandez's ten-year sentence for his 1989 assault of Dina Ybanez ended on Oct. 1, 1999);

see also Inmate Release Report for Carlos Hernandez, Tex. Bd. of Pardons and Parole (May. 30, 1997) at 1 (indicating that Carlos Hernandez's sentence would have expired on Oct. 1, 1999).

See supra Prologue, notes 35–36 and accompanying text.

Transcribed Videotape Interview with Dina Ybañez, Neighbor of Carlos Hernandez (Dec. 7, 2004) at 04:12:53–04:13:30 ("Q. When you think of Carlos Hernandez today, what do you think? A. I don't feel sorry for him. I'm glad he's dead. He won't hurt nobody else no more. That's what I think about him. If you had asked me this years ago maybe I could have saved Carlos DeLuna, because he was innocent.").

See supra note 114.

See supra note 114.

Chapter 17
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