Thread: Family criticizes jury after verdict finds manslaughter, not

Family criticizes jury after verdict finds manslaughter, not murder, in crash that killed 3

Story Published: 1/28 6:12 pm

Tearful jurors apologized to the families of the victims after deciding a drunk driver was not guilty of murder in an accident that killed three people. Jurors decided the man was guilty of the lesser charge of manslaughter.

One of the families slammed the jury, saying jurors didn’t understand the law and showed "undue favoritism towards an illegal immigrant with no driver’s license, who had an outstanding DUI warrant."

The verdict came Friday in the case of Erculano Sanchez Hernandez, 24, of Delano, who caused a New Year’s Day, 2010 Highway 46 accident.

Hernandez was found guilty of three counts of DUI vehicular manslaughter for killing Richard Jung, 21; Jung's mother Hyun Kim, 49; and Carl Logan, 71. Logan's wife, Vivian, was severely injured but recoverd.

"We are frustrated by the decision of the jury," said a statement from the Logan family.

"After speaking with the jurors, we feel that they had a lack of understanding of the law and undue favoritism towards an illegal immigrant with no driver’s license, who had an outstanding DUI warrant but received sympathy because of contrived ignorance.

"While ignorance is never a defense for breaking the law, it was allowed and accepted by the jury in this case," the family’s statement said.

According to court documents, Hernandez was driving east on Highway 46 near the Kern County line when he rear-ended Jung and Kim. Jung's vehicle was pushed into oncoming and collided with Logan's vehicle.

Prosecutor Robert Murray argued Hernandez's actions demonstrated a "wanton disregard for human life," and made him guilty of second-degree murder.

Defense attorney Michael J. Webb told jurors Hernandez was guilty of manslaughter, but there was not enough evidence to prove he was guilty of murder.

Jurors agreed with the defense attorney, but only reluctantly.

The jury foreman, whose name was not released, sobbed as she read a statement extending condolences to the families of the dead.

"We regret the additional pain they will undoubtedly experience as a result of these verdicts. But we took an oath to set aside our sympathies and weigh only the facts and evidence that was presented to us," the jury’s statement said.

"Our duty was made more difficult by the fact that the law pertaining to these charges are so gray.

"After many hours in agonizing and emotional deliberation, we reached the unanimous decision that the state did not meet the burden of proof beyond reasonable doubt for the charges of (second-degree) murder or gross vehicular manslaughter," the statement said.

Hernandez faces eight years, four months in prison when he is sentenced March 2. He would have faced 15 years to life if convicted of all charges.

Families of the victims declined to comment in court. Several hours later, the Logan family issued a written statement.

[b]Here is that statement in its entirety:
"We are frustrated by the decision of the jury this morning. After speaking with the jurors, we feel that they had a lack of understanding of the law and undue favoritism towards an illegal immigrant with no driver’s license, who had an outstanding DUI warrant but received sympathy because of contrived ignorance,â€

Un $%^&**&^%$%^& ing believable We are going third world In record time here In the United States. What a travesty If It would have been an American Citizen that did this, they would have got 25 to life (because they supposedly would have known what they were doing) In breaking the law OMG

Originally Posted by topsecret10

Un $%^&**&^%$%^& ing believable We are going third world In record time here In the United States. What a travesty If It would have been an American Citizen that did this, they would have got 25 to life (because they supposedly would have known what they were doing) In breaking the law OMG

It's very frustrating to see this bizarre favoritism and double-standard.

Thread locked. Thread dated Jan 2011.

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