(Woodland, CA) – August 9, 2016 – District Attorney Jeff Reisig announced that on August 8, 2016, a Yolo County jury decided that Jay Hernandez is still a danger to others and that he will continue another year of state supervision.
On the morning of December 23, 1998, Jay Hernandez went to the Walgreens Distribution Center in Woodland and shot and killed his coworker, Rudy Barron. Hernandez pled guilty to the murder and admitted the enhancement for using a firearm during the commission of a felony, and thereafter was determined to be Not Guilty by reason of Insanity.
In 1999 Hernandez was first sent to the State Hospital at Atascadero, and was later moved to Napa State Hospital. From 1999 to 2005, in the hospital setting, Hernandez continued to hear voices. After additional medical treatment, the voices eventually “disappeared.” From 2005 until 2012, Hernandez had three separate court trials in which he sought release from the California State Hospital system with the intention of being released back into society under a Conditional Release Program (CONREP).
In 2012, he was successful in earning his release from the hospital and was placed with CONREP. He was placed in the East Bay (Hayward) due to the victim’s family’s strong objections to Hernandez returning to Woodland. Each year from 2012 to 2015, Hernandez agreed to continue his release under medical supervision. However, on May 5, 2016, Hernandez filed a Petition for Restoration of Sanity, claiming he was no longer a danger to others, and requested complete release from all supervision. This trial was the result of the District Attorney’s opposition to his Petition.
Jury selection began in the afternoon of August 4, 2016, and continued on August 5, 2016. Since Hernandez filed the Petition, and the law considers his sanity to not be restored and that he is still a danger to others, it was the Hernandez’s burden of proof. However, the burden is a preponderance, and the jury need not be unanimous, rather 9 of the 12 would have to side with Hernandez for his supervision to terminate. After 2 full days of testimony heard over three court days, the jury reached their verdict on Monday, August 8, 2016, after just under two hours of deliberations. The jury found that Hernandez had not met his burden of proof, and the jury determined that Jay Hernandez is still a danger to others. Hernandez’s commitment for outpatient treatment under CONREP Supervision will continue for another year, until September of 2017.
Supervising Deputy District Attorney Robert Gorman handled the case for the District Attorney’s Office.
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