Thread: Boy's death means prison for Johnston man

"Boy's death means prison for Johnston man
Man repeatedly accused of DWI may then be deported
BY MANDY LOCKE - Staff Writer
Published: Fri, May. 22, 2009 02:00AMModified Fri, May. 22, 2009 05:31AM

SMITHFIELD -- Hipolito Zamora Hernandez didn't know 7-year-old Marcus Lassiter. He never meant him any particular harm; he never laid a hand on the boy.

But a jury decided Thursday that Hernandez had murdered Marcus, drinking himself nearly blind April 13, 2008, before driving a two-ton Chevrolet Camaro along the rural road beside which Marcus played.

Hernandez, a slight man who had carved out a life in Johnston County pouring concrete, could spend as long as 20 years in prison for second-degree murder. Immigration officials have vowed to deport him to Mexico after his release; he was living in the United States illegally.

Hernandez escaped several DWI convictions.
CLICK FOR MORE PHOTOS
More HomeCanes lose 7-4 to Pittsburgh
Mary Easley stands her ground
Mike Easley's loner style comes back to haunt him
Gitmo policy puts Obama on defense
N.C.'s basketball talent pool is deep
NC DOT to ease Memorial Day weekend road work

On Thursday, moments before he was taken to prison, Hernandez, 31, declined the chance to say anything to the judge or to Marcus' family.

"The only thing that will stop this defendant from drinking and driving and risking everyone's life is prison," Susan Doyle, Johnston County district attorney, told the judge. She asked him to hand down the stiffest sentence. "He never learned his lesson," she said.

Hernandez evaded conviction several times before he killed Marcus. Three times since 2004, the courts dismissed driving-while-impaired charges. In 2007, when Hernandez was stopped again, he gave the officer a fake name. When he hit Marcus, another charge was pending against Hernandez.

"I am mad with the system," Marcus' mother, Sheila Lassiter, said Thursday. "I have no idea how this man got away with so much."

Doyle said Hernandez's record befuddled her, too. Last spring, Doyle instituted a policy prohibiting her assistants from dismissing DWI charges in an attempt to increase conviction rates.

A shattering death

Marcus' death shook Johnston County. It shattered his family.

His mother now spends evenings curled in his bed, trying to catch his lingering scent on his pajamas. Marcus was her youngest and an undeniable mama's boy. He was learning to play the drums at church; he had a tender heart and a hug for everyone he met, his family said.

His final day was as close to perfect as lazy spring Sundays can be.

The family had gathered at his grandmother's house in Four Oaks. Grandma and all the aunts were fixing supper in the kitchen. Kids played outside, plotting a game of basketball with some neighbor children.

The roar of a car engine pierced the calm. The women rushed to the window to check on the commotion. Sheila Lassiter saw her baby boy fly, knocked into the air by an out-of-control Camaro.

"That picture has stayed in my mind every waking minute since," Lassiter said as she waited for a jury to determine Hernandez's fate.

Lassiter raced to the yard, shouting Marcus' name. He lay still and silent in a ditch.

Hernandez stumbled from the cockeyed car, looked Lassiter's way and bolted toward a thicket of woods near Parkertown Road. It took a crew of officers and a specially trained canine about 45 minutes to capture him. Later, at the jail, more than two and a half hours after the crash, Hernandez's blood alcohol level registered .21. It is illegal to drive in North Carolina with a blood alcohol level of .08 or greater.

Marcus never woke after the crash. His brain was dead. Doctors kept his body alive through the night.

Now, pieces of him live on. Marcus' eyes gave a blind man sight. His kidney gave a 14-year-old the health to play basketball again. "That is my solace," Sheila Lassiter said.

mandy.locke@newsobserver.com or 919-829-8927"

http://www.newsobserver.com/front/story/1537836.html

Headline should have read: Illegal alien murders 7-year old child

The story was front page news in the Raleigh N&O, which is good. However, I hate that the drunk illegal was identified as a Johnston man instead of illegal alien.

Hernandez stumbled from the cockeyed car, looked Lassiter's way and bolted toward a thicket of woods near Parkertown Road. It took a crew of officers and a specially trained canine about 45 minutes to capture him. Later, at the jail, more than two and a half hours after the crash, Hernandez's blood alcohol level registered .21. It is illegal to drive in North Carolina with a blood alcohol level of .08 or greater.

Looked Marcus' way and RAN. Trying to save his sorry butt, this just sickens me! And I'm sorry, 16 years IS NOT enough for this scumbag! When the cops were taking him in, what was he doing? Apologizing? Asking if the boy was alright? Nope he was SINGING AND LAUGHING! I have that straight from the arresting officers mouth.

Pro-illegal alien advocates wonder, how many licks does it take to get to the center of a lollipop? Personally, I'm more concerned with how many criminal acts it takes to deport an illegal alien!

I would like to know why Hernandez' first two DWI's were dismissed. Futhermore, I'd like to know why he wasn't deported after the first DWI! What do you say Ms. Locke (N&O Staff Writer), will you do some real investigative reporting and get back with me on this?

"Man gets 16-20 years in prison for running over, killing boy

Posted: May. 21 3:36 p.m.
Updated: May. 21 6:51 p.m.

Four Oaks, N.C. — A Four Oaks man was sentenced Thursday to more than 16 years in prison for running over and killing a 7-year-old boy last year.

A jury convicted Hipolito Hernandez, 31, of Parkertown Road, of second-degree murder and driving while impaired in the April 13, 2008, wreck that led to the death of Marcus Lassiter. He was sentenced to 196 to 254 months in prison.


WATCH VIDEO
Man sentenced in boy's death

Lassiter had been playing in his grandmother's yard and was trying to cross Heath Road when he was struck, and he later died in a hospital.

Hernandez, an illegal immigrant, had been charged with DWI four previous times. Two of the charges were dismissed, one was reduced, and the fourth was pending.

The defense attorney in both dismissed DWI cases was Lee Hatch, and the prosecutor in one was Cyndi Jaeger. They are among six people who have been charged in a Johnston County ticket-fixing case.

According to indictments, 70 dismissal forms with Jaeger's signature were filed after she left her job in September 2007. The dismissal forms were filed for clients of Hatch and three other defense attorneys. A former deputy court clerk is accused of deleting the attorneys' names from at least two cases from the courthouse computer system.

Most of the dismissals cited in the indictments were DWI cases.

The two dismissed cases against Hernandez weren't part of the criminal investigation. Johnston County District Attorney Susan Doyle said the charges were legitimately dropped when officers didn't show up in court to testify.

Copyright 2009 by Capitol Broadcasting Company. All rights reserved. "

http://www.wral.com/news/local/story/5192131/

Well, there is the answer to one of my question. Police offers should be required to show up for court! If they can't show up because of duty, then the court date should be moved or the officer should have the option of submitting written testimony. I wonder how many criminals go free because the accusing officer fails to show up for court? Since this happened twice in the Hernandez case, I assume it's a problem. Now I have a new question, what penalty did the officers suffer for not showing up? If none, then we obviously need legislation that requires the witnessing police officer to follow through on their duties!

This really pisses me off!

Do we have any ALIPAC members that are in law enforcement? If so, could someone provide some answers on this:

I wonder how many criminals go free because the accusing officer fails to show up for court? Since this happened twice in the Hernandez case, I assume it's a problem.

Is it a problem?

I don't know the answer, MW, but it would make sense that the officer(s) involved would show up in court to defend their actions. Only UNLESS I can think of is if they were sitting in another courtroom at that time with a murder case or something. Take this as wisdom from someone who has neve had a court experience except for jury duty interviews and was quickly dismissed after stating that I was a reporter.