For the second time this year, the suspect in the shooting at Dallas Methodist Hospital ripped off his ankle monitor, in violation of his parole requirements; yet, he was released from detention on Tuesday after having served 100 days by the order of the state parole board.
On March 1, while investigating a minor collision, Dallas police arrested 30-year-old Nestor Hernandez for a parole violation. Police in Dallas claimed they handed him over to his parole officer in April.
After ripping off his own ankle monitor, Hernandez was subsequently detained by Carrollton police in June for a parole violation, according to law enforcement sources quoted by WFAA.
After spotting Hernandez at an apartment complex, Carrollton police learned that the Texas Pardon and Parole Board had issued a “complete extradition demand” for him to be returned to Texas.
Two Carrollton police officers approached Hernandez on June 17 and placed him under arrest after verifying his warrant. After being arrested in Dallas, Texas, Hernandez was sent to the Dallas County Jail by his parole officer from the Carrollton jail.
On Tuesday, the Texas Board of Pardons and Paroles verified Hernandez’s arrest for a parole violation related to his failure to cooperate with electronic monitoring.
On June 28, a panel of the parole board reportedly heard Hernandez’s case. Re-incarceration in a “secure Intermediate Sanction Facility” was the panel’s decision, so that’s where he’ll be going again, according to the authorities.
Both the Dallas County Jail and the state’s Intermediate Sanction Facility (ISF), a holding center for stays of 60 days to 180 days, acknowledged to parole officials that Hernandez spent a combined total of 100 days in custody. A further clarification was provided, stating that “the Board defers to the detaining agency (TDCJ) for the particular term for each offender so long as it is within specified parameters.”
Authorities claimed Hernandez was freed from state custody in September, again with the stipulation that he wear an ankle monitor, officials said Monday. Tuesday, WFAA cited sources who said Hernandez had been released from ISF on September 28.
The fresh details that came to light on Tuesday help explain how Hernandez, a convicted criminal with a history of violent crime arrests, was able to be at Methodist Hospital when his girlfriend gave birth to their child.
The Texas Department of Criminal Justice reports that on October 21, 2021, Hernandez will be eligible for parole after serving eight years for aggravated robbery in 2015. His release will be subject to electronic ankle monitoring. TDCJ also verified that Hernandez was “allowed to remain at the hospital with his significant other during delivery [of their child].” WFAA has confirmed with multiple sources that he was wearing his ankle monitor during the shooting at Methodist Hospital.
Dallas Police say that Hernandez “began acting weird” at the hospital and accused his girlfriend of cheating on him. The warrant states that the suspect immediately began checking the room to see whether anyone else was present. According to the affidavit, Hernandez then drew a revolver and repeatedly shot his girlfriend in the head.
Warrant documents state that Hernandez then began making “ominous” phone conversations and sending threatening texts to his loved ones, including telling his fiancée, “We are both going to die today” and “anyone comes in this room is going to die with us.”
Dallas Police Chief Eddie Garcia has spoken out against the outcome of Hernandez’s case, calling it “an appalling failure of our criminal justice system.”
Garcia continued to express his displeasure with the system’s treatment of Hernandez on Tuesday.
And it’s about continuing to give violent criminals more chances than our victims,” Garcia said. “In March he was rereleased on an ankle monitor after violating the terms of his parole, and in June he broke the terms of his parole again by removing the device. After a hundred days behind bars, he was freed under the same monitoring of the ankle monitor that had failed twice before. When will society realize that violent offenders have had enough chances? That the balance of your sentence must be served?”
On he went: “As a former police officer, I can say that ankle monitors are ineffective for violent offenders. This time, it was obviously not successful. When it comes to dangerous criminals, they’re completely ineffective. They’re useful for law-abiding citizens, but keeping tabs on dangerous criminals is a lot trickier. Someone who has broken it three times in this case (in March, June, and most recently over the weekend) is the focus of our attention. Re-entering society with a criminal’s criminal record does not bring any sense of relief to the locals.”
Toby Shook, a former prosecutor in Dallas County, believes that Hernandez’s criminal background necessitated a minimum sentence of 25 years for the 2015 offense, and that the plea agreement for eight years is absurd.
“Why they did that is unclear, but that certainly allowed him an option to get out of prison early — and, with his violent background, that’s a very hazardous thing for the public,” Shook said. “It’s really not hard to do. You’re dealing with a violent criminal who has a long record of violence. If you use your head, you’ll realize he’s planning more horrific crimes.”