Child sex crime reduced to misdemeanor

Mario Hernandez, indicted by a grand jury for indecency with a child, was offered an agreement from the prosecutor’s office to pay a $500 fine and serve two years of unadjudicated probation, meaning there will be no record of the crime if he successfully completes community supervision, in exchange for pleading guilty to a Class A misdemeanor charge of “indecent assault.”

As explained during the plea hearing in Jefferson County Judge John Stevens’ Criminal District Court on Nov. 7, the age of the child, who was 10 years old at the time of the crime, was dropped from the indictment, allowing the matter to drop from a second-degree felony.

Sex offender registration will not be required.

Stipulated facts were read into the record by Judge Stevens that allege Hernandez victimized the minor “many times” prior to the accused’s indictment circa 2022. The facts, Stevens pondered, supported a stiffer charge that was in the forefront of the judge’s thoughts as he read the agreement between the admitted indecent assailant and the Jefferson County District Attorney’s Office represented by Assistant District Attorney Jimmy Hamm. To accept the plea deal, the judge was bound by the prosecution’s offer, but could add up-front jail time as a condition of acceptance. Typically, as a felony court judge, Stevens is allotted up to 180 days of jail sentencing on these matters. Taking it to the maximum allowed, Stevens ordered 180 days of jail time to begin immediately over defense objections that such punishment could cost the predator a steady job that he enjoys.

“How do you take back the harm to a child?” Stevens balked. “I have no sympathy for you. I have sympathy for the child.”

Upfront jail time, Stevens said, was the only measure by which the court could find some “fair and appropriate remedy” for a plea deal that he could not understand without knowing the underlying facts in such an offer.

“You’re going to jail,” right now, Stevens again reiterated when the defense asked for time to prepare, or possibly allow Hernandez to serve the up-front time on scattered dates. “That’s what we call justice under these circumstances.”

Despite Stevens’ determination for Hernandez to at least see a six-month jail term for the heinous acts he admitted to, defense attorney Tom Kelley returned to court later in the morning with legal assertion that, since the DA’s office agreed to reduce the charge to a misdemeanor, the judge’s jailing orders are limited to no more 30 days of up-front time. Kelley again asked for the judge to not put his client in jail so he could save his employment.

“My concern is 30 consecutive days may end up costing a job,” Kelley said. “I have a duty to ask.”

Stevens amended the ruling to allow for the new maximum – 30 days – but refused to relent on Hernandez immediately reporting to the custody of the Jefferson County Correctional Facility.

“I’ve considered it; but I’m not considering it long,” Stevens said of allowing Hernandez to walk out of court that day. “I’m not making it convenient for him.”

“According to all the circumstances of the case, it’s a second-degree felony,” Stevens continued. “There may be some things I’m not aware of… but, from what I believe the whole law was based upon, when you commit indecent assault on a 10-year-old child, you must pay a hefty price. That’s only fair. I’m standing by that.

“I’m sure that child will never forget. That’s what drives my actions.”