OCTOBER 13, 2017, KEIZERTIMES, PAGE A9
SENTENCE,
continued from Page A1
Goodman, the offi cer involved
in the October 2016 incident.
In the lead up to the
sentencing, Marion County
Deputy District Attorney
Katie Suver advocated for
consecutive sentences on the
two main charges, attempted
murder and felon in possession
of a fi rearm, a departure from
standard practice.
“Before there is an argument
that the defendant hasn't been
given a chance by the criminal
justice system, the defendant
is in this system because of
his own decisions, his own
choices,” Suver said. “The
defendant is selfi sh to his core.
Self-interest is what defi nes
this defendant. Indiscriminate
violence defi nes him and that is
what makes him so incredibly
dangerous.”
Bennett sided with the state
and sentenced Hernandez
to 15 years for the attempted
murder and 10 years on the
possession charge. Hernandez
will be able to earn credit for
good time served only during
the last 10 years of the sentence.
N IGHT OF THE GUN
Around 2:30 a.m. Friday,
Oct. 14, 2016, Goodman
attempted to conduct a traffi c
stop on a red 1997 Honda
Civic after pacing the vehicle
going 46 mph traveling north
on River Road North. The
posted speed is 35 mph, and
a DMV check showed the
vehicle's insurance had been
terminated.
Goodman activated his
lights to conduct a traffi c stop
near the intersection of River
Road North and James Street
Northeast. Another vehicle,
which was later determined to
be associated with the suspect
vehicle attempted to interfere
with the stop, but Goodman
was able to get around and
pursue the Civic.
After activating his car's
siren, the Civic made a right
turn on Chemawa Road
Northeast and then another
right into the parking lot at
Safeway.
The driver of the Civic
turned back toward the exit
south of Oregon State Credit
Union,
before
hopping
out of the moving car as it
approached cement barricades
in the parking lot.
As the driver exited, he
turned to Goodman's vehicle
and squared his shoulder in
what Goodman described as
a “pistol shooting stance” in a
probable cause statement.
Goodman came to a stop
about 35 yards from the
suspect and the vehicle and
was stepping out of his patrol
car when the Civic driver ran
to the rear of the vehicle. The
suspect raised his hand again
and Goodman saw a black
object in the man's hand – it
was later determined to be a
1911 Colt handgun.
Goodman said it appeared
as though the man was
attempting to fi re the gun, but
it did not discharge and ended
up fl ying out of the suspect's
hand.
The suspect grabbed the
gun and began fl eeing on foot
with Goodman in pursuit.
As the man attempted to fl ee
across River Road North,
he fell in some bushes where
police later found the handgun.
The suspect ran across River
Road and hid under a vehicle
puzzle answers
at 120 Chemawa Road North
where he was found and taken
into custody without further
incident. Investigating offi cers
retrieved the handgun from
the bushes with a round in
the chamber, rounds in the
magazine and with the safety
disengaged.
Investigators
later
determined that Hernandez
had at least tried to fi re the
gun, but it might have jammed.
In a dash cam video of the
incident, a quick fl ash is seen
in the area where Hernandez's
hands would be as he exits the
vehicle.
M ULTIPLE STRIKES
Hernandez's
encounter
with Goodman was not the
fi rst time he drew a gun on
another person.
When he was 16 years
old, in September 1995,
Hernandez approached a
man getting into his vehicle
outside a church on Portland
Road. When the victim asked
if he was kidding, Hernandez
pointed a semi-automatic
handgun at the man. The
victim handed over the keys
and an accomplice drove the
vehicle away. A little more than
a month later, Hernandez was
interviewed about the incident
and admitted to pointing a gun
at the victim. After Hernandez
was convicted of the crime, he
was sentenced to 70 months in
prison.
Police were interviewing
Hernandez in relation to
another crime committed a
few days prior. A store clerk
suspected Hernandez and
two accomplices of stealing
beer from the store where
she worked and ran after the
group. Hernandez, who was
identifi ed by his accomplices,
fi red a shot at the woman as
the group fl ed. Hernandez was
arrested for robbery, but was
not convicted of any offense.
In 2003, Hernandez was
released from prison after a
conviction of second degree
robbery and was arrested for
being a felon in possession of
a fi rearm for the fi rst time. He
received a 13-month prison
sentence as a result.
He was released again in
2006 and was later thrown out
of a Salem bar for involvement
in a fi ght and pointing a gun
at the bouncer, a musician and
fi ring two shots at a patron.
Hernandez fl ed the scene,
but was apprehended. He was
charged with unlawful use of
a fi rearm and convicted. The
episode resulted in a 10-year
sentence.
His arrest for the attempted
murder of Jeff Goodman
occurred less than three
months after being released
from prison on the 2006
conviction.
Q UESTION OF INTENT
When
determining
whether Hernandez's sentence
for his latest crimes would run
concurrently or consecutively,
Bennett said intent was the
crux of the issue.
Hernandez had the gun
in his possession prior to
Goodman's
attempt
to
make a traffi c stop. The state
contended during the trial
that Hernandez had the gun
because he knew there was a
parole warrant for his arrest
and he was in possession of
stolen property he was trying
to sell.
However, it was left to the
jury to determine whether
Hernandez intended to kill
Goodman.
“Ten of 12 (jurors)made the
decision that you intended to
kill that offi cer,” Bennett said.
Speaking on his own behalf,
Hernandez said going to
prison at 16 years old led him
into a criminal lifestyle.
“I learned from people in
there, who were my age now,
what to do. People who had a
criminal mentality and that's
what I learned,” Hernandez
said.
He said that he was offered,
but declined, a plea agreement
for seven-and-a-half years in
relation to the incident with
Goodman.
“I did not intend to kill that
offi cer. I would not have done
that. I know I have a chance to
die in prison, and a chance to
bury more (family members)
while in prison, but I did
not try to kill that offi cer,”
Hernandez said.
Ultimately,
Bennett
decided against concurrent
sentences on the two main
charges because the jury
had determined Hernandez
intended to kill Goodman.
“You can deal with it, if you
think I'm wrong, on appeal,”
Bennett said.
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