April 12, 2008
Gang Member Gets 15 Years For Soccer Game Beating

Eduardo Hernandez was sentenced to 15 years in prison Friday for his involvement in a gang beating during a Tyler soccer game.

The 23-year-old Tyler man was convicted Thursday of engaging in organized criminal activity for beating and kicking a rival gang member while he was stabbed by another man. The Smith County jury in 114th District Judge Cynthia Stevens Kent's court deliberated for about two and a half hours Friday before sentencing Hernandez and assessing a $10,000 fine for the Oct. 13 incident at Hillside Park. Since the jurors found that Hernandez did not use a deadly weapon in the offense, he will be eligible for parole after serving one-fourth of his sentence.

Anselmo Cornelio, 25, a Crip gang member, testified that he was fighting a rival Blood gang member when a group of people began to beat him and stab him. He said he did not see who stabbed him, but he saw Hernandez as one of the men who hit and kicked him.

Hernandez testified during his punishment trial and denied being in a gang, even though he has several tattoos portraying symbols of the local Nortenos gang, as well as the Tango Blast prison gang based in Houston.

Tyler Police Detective and Gang Intelligence Officer Chris Miller testified about the defendant's gang-related tattoos. He also showed the jurors pictures he found on the Internet of Hernandez and his brother "throwing gang signs." Miller said the tattoos and pictures are self-admissions of being in the gangs.

Hernandez has a prior conviction of criminal mischief, a state jail felony.

Cornelio, a member of a Crips street gang, said he drove by a soccer game at Hillside Park, off Erwin Street, when members of the Bloods threw bottles at the car. He said he got out and chased them.

One of the rival gang members, whom he knew as "Pinky," was near the car when he returned. The two exchanged words. Cornelio admitted he said he should "bust a cap" in Pinky, and threw the first punch.

He said they were fighting when others beat him. A man came from behind and stabbed him in his head and side, he said. He said when the men ran, he chased them and then collapsed. He later identified Hernandez, Martin "Pinky" Robledo's brother, as one of the men who beat him but not the one who stabbed him.

Two teenage brothers who were at the soccer game testified about witnessing the incident and said Hernandez was one of the men who beat Cornelio. The victim's girlfriend also identified Hernandez.

During closing arguments Thursday, Assistant Smith County District Attorney Richard Vance said gang members don't use the courts to get vengeance; they do it on their own, he said, adding that Cornelio let authorities handle the matter because he wanted out of the gang life.

Defense attorney Earl Pryor, of Conroe, told the jurors that his client tried to protect his little brother, but Vance said the beating was not in self-defense because Hernandez denied even being at the scene of the incident when questioned by police.

Vance said Robledo and Hernandez were not innocent brothers, they were "gang bangers" who promote violence and act like criminals.

http://www.tylerpaper.com/article/20080 ... /804120312