WILLMAR -- Samuel Espinoza Hernandez -- whose participation in a summer drive-by shooting consisted of sitting in a passenger seat -- made a plea deal Tuesday that will keep him out of prison.
Hernandez, 20, was along for the ride on July 22 when two occupants of the vehicle he was riding in fired upon two different Willmar residences.
At his plea hearing Tuesday in Kandiyohi County District Court, Hernandez said that he wasn't aware of what was going on and had no prior knowledge the shootings would occur.
Hernandez pleaded guilty to one count of aiding and abetting a drive-by-shooting - dangerous weapons. The four other counts he faced -- first-degree assault - liability for the crimes of another, two counts of dangerous weapons - drive-by shooting and one count of second-degree attempted murder while committing drive-by shooting -- were dismissed as part of the plea agreement.
According to court records Jose Armando Padilla, 25, of Granite Falls, got into an argument with Ruben Ybarra in early July at a house party. Padilla threatened to kill Ybarra and his family. A few days later, Ybarra attempted to smooth things over, but Padilla again threatened him.
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Ybarra then moved his family from their trailer at lot D-2 in Regency Estates West to his father-in-law's residence at 1410 Gorton Ave. N.W.
On July 22, Padilla, Jose Antonio Mercado, 21, and Hernandez were driven in a van to a field by Veronica Saldana, 25. There, they picked up two guns. Padilla then directed Saldana to Ybarra's trailer, where Padilla and Mercado fired upon it with a 30-06 rifle and a 12-gauge shotgun. From there, the four proceeded to Gorton Avenue, where Padilla fired upon Ybarra's father-in-law's home. At the time there were nine people in the house, including three children. Ybarra's wife's stepmother was shot just under the left breast. She survived the shooting. The van was stopped by police officers just minutes later. All were arrested without incident.
Under state guidelines, the sentence for the aiding and abetting charge to which Hernandez pleaded guilty to is three years in prison, but lawyers for the prosecution and defense agreed to a lesser sentence.
Assistant Kandiyohi County Attorney Connie Crowell agreed to the lesser sentence because Hernandez had given a full, consistent statement to police, was cooperative and had a "minimal" role in the shootings.
Judge Kathryn Smith set sentencing for Dec. 21.
Hernandez is the last of four defendants to be tried in the case. Padilla was sentenced to 30 years in prison; Mercado received nearly 13 years in prison, due to a plea agreement made after Padilla was sentenced. Saldana was sentenced to one year in jail and 10 years of probation. According to Hernandez's agreement, he must move back to Grand Rapids, Mich., when he is released from jail at sentencing. He cannot return to Minnesota.
