By SYDNEY KENT
The trajectory of a young father’s future was changed in the Wells Circuit Court earlier this month.
Melvin Emilio Hernandez, Jr., 22, Bluffton, was sentenced to one year at the Wells County Jail with all time suspended and one year of probation. The sentence was issued immediately after Hernandez pled guilty to criminal recklessness where the defendant shoots a firearm, a Level 5 felony. The charge was downgraded to a Class A misdemeanor due to the details of the case and his position in the National Guard.
According to a probable cause affidavit, Hernandez allegedly discharged a gun into the front driver’s side tire of a vehicle that belonged to his ex-girlfriend, Trinity Wine. The crime occurred immediately after Wine broke into his Bluffton residence in August of last year and attempted to flee.
Specialist Nathan Martin with the Indiana National Guard, along with additional servicemen, were present at the hearing to testify on Hernandez’s behalf. According to each of the men who testified, a felony level charge would result in an immediate discharge from the National Guard, effectively ending Hernandez’s military career.
“Specialist Hernandez has been in my platoon for over two years,” Martin said. “He’s given me selfless exemplary service and leadership to his team and squad.”
Richard Thonert, Hernandez’s lawyer, asked Martin if he would recommend a reduced sentence. Martin agreed. The court room was silent for a moment.
“What do you think happened in this case?” Prosecutor Colin Andrews questioned.
“Like the judge said, a momentary lapse in judgment,” Martin said firmly. “I read about it on MyCase. I know what could have been grave situations here, I thank God that no one was hurt. The judge asked if this would carry over in the National Guard. I believe it can carry over in the way that he can teach his junior leaders the consequences of such actions.”
“What did he do in the crime?” Andrews asked.
“He discharged a firearm in a violent manner,” Martin responded, reciting the charge description from Hernandez’s case details.
“You didn’t read the probable cause affidavit,” Andrews stated. “Can you imagine that reading that would change your opinion of the outcome?”
“No sir,” Martin answered. “I understand the dangers of the situation.”
“Your honor, my intentions were never to hurt anyone,” Hernandez said during the hearing. “I made a mistake and I learned from it. You will not ever have a problem with me again. I just want to do right by my son.”
“There is this concept in sports,” Judge Kenton Kiracofe stated before he issued his ruling. “You should never put yourself in a position where the officials control the outcome of the game. You are who you associate with. You have not controlled this part of your life.”
“Your honor,” Hernandez interjected. “We were apart when–”
“You made a decision to have a child with this person,” Kiracofe interjected. “That is the person you chose to be with. At the custody hearing, I heard her faults. I understand why you reacted the way you did. Decisions do have consequences.”
“This happened in a residential neighborhood,” Andrews continued. “People that handle weapons know not to do that. I am bothered that the gentlemen testifying don’t know what happened. I can’t forget that he shot at people, in our town and community, putting others at risk.”
The prosecution, who did not ask for jail time, concluded that while Hernandez’s case is indeed a felony, the men who testified on his behalf made a compelling argument.
“Miss Wine also was charged,” Thonert added. “This court awarded custody of the child to Melvin Hernandez. The Indiana constitution specifically provides for rehabilitation instead of punishment. In all of my cases, I have never met a young man who is more deserving of a situation of granting him immediate misdemeanor treatment.”
Trinity Evelyn Wine, 21, Montpelier, was charged with residential breaking and entering, a Level 6 felony. She pled guilty to the crime in the Wells Superior Court in April and was sentenced to one year at the Indiana Department of Correction with 349 days suspended and 16 days of jail credit.
Hernandez was also ordered to pay court costs and filing fees in the amount of $360.
sydney@news-banner.com
