District Attorney Micheal Murray reports that Thursday, August 19th, a Brown County jury convicted Menard resident David Zamora Hernandez of Possession of a Controlled Substance with Intent to Deliver and Tampering with Evidence.
District Judge Stephen Ellis sentenced Hernandez to serve 60 years in the penitentiary following the Jury’s verdict. First Assistant District Attorney, Sam C. Moss, presented evidence that on April 2, 2009, the defendant and his girlfriend travelled to Brownwood for purposes of purchasing approximately 7 grams of methamphetamine. Acting on the tip of an unnamed confidential informant, the couple was stopped by Brown County Sheriff’s Deputy John Fincher as they were leaving Brownwood travelling to Menard. A search of the vehicle revealed that Hernandez had destroyed portions of the narcotics evidence; however Deputy Fincher was able to recover other evidence consistent with the use and distribution of methamphetamine.
After Hernandez was transported to the Brown County Jail, Deputy Fincher searched the rear area of his patrol vehicle and discovered a bag containing approximately 1.08 grams of methamphetamine and a crushed glass pipe commonly used for smoking methamphetamine. Evidence established Hernandez had concealed the methamphetamine and destroyed the pipe.
The defendant’s girlfriend testified that she and Hernandez were actively involved in the use and distribution of methamphetamine, and evidence revealed the couple had been arrested in Brady for possession of methamphetamine 13 days prior to the Brown County arrest. After all evidence was presented, a Brown County jury convicted Hernandez for Possession of a Controlled Substance with Intent to Deliver and Tampering with Evidence.
At the sentencing phase of the trial, First Assistant District Attorney, Sam C. Moss, presented evidence that Hernandez had four prior felony convictions. Evidence further revealed that Hernandez had two prior prison sentences and two prior state jail sentences. Moss argued that Hernandez was now a six time convicted felon.
After considering all of the evidence, Judge Ellis sentenced Hernandez to serve 60 years in prison.