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Thread: Fabian Hernandez - Texas Death Row

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    Fabian Hernandez - Texas Death Row




    Summary of Offense:

    Jurors sentenced Hernandez to death for the murders of his former wife, Renee Urbina Hernandez, 28, and her friend, Arthur Lee Fonseca, 24.

    Hernandez was sentenced to death in El Paso County on November 25, 2009.

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    November 26, 2009

    Fabian Hernandez sentenced to death

    EL PASO -- Jurors on Wednesday sentenced a 34-year-old man to death for the murders of his former wife and her friend.

    The defendant, Fabian Hernandez, will get an automatic appeal and can expect to spend at least six years on death row.

    As Thanksgiving approached, the jury handed up the death sentence a little more than two weeks after Hernandez's trial began. The jurors deliberated for 17 hours across three days before deciding Hernandez should die for killing Renee Urbina Hernandez, 28, and Arthur Lee Fonseca, 24.

    Hernandez remained stoic as District Court Judge Angie Juarez Barill read the verdict. His head bowed, he then smiled briefly as he consulted with his attorneys.

    In contrast, his mother, Socorro Hernandez, began crying as soon as she entered the courtroom.

    Barill asked Fabian Hernandez whether he wanted to say anything, but he declined. His relatives said they had no comment.

    Hernandez's trial began three years after the murders. Jurors found that he shot both victims in the head outside the West Side home of Renee Hernandez's parents.

    Prosecutors said Fabian Hernandez, jealous because his ex-wife had expressed a romantic interest in Fonseca, killed them in cold blood. Fabian and Renee Hernandez's two young sons were asleep in the home during the shootings.

    Cynthia Estevis, sister of Renee Hernandez, testified that the murders wounded her family forever.

    "We must all live with a huge void in our hearts without Renee," Estevis said to Fabian

    http://www.elpasotimes.com/news/ci_13869999?source=rss

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    December 27, 2009

    Stranded on death row: Victims' families differ in reactions to Fabian Hernandez's sentence

    EL PASO - Try as they might, members of the Urbina family cannot bring themselves to hate convicted murderer Fabian Hernandez.

    Hernandez, 34, shot and killed his ex-wife, Renee Urbina Hernandez, 28, in front of her parents' home more than three years ago. He also shot and killed her friend Arthur Lee Fonseca, 24.

    Renee Hernandez's death left a void in the lives of the Urbinas.

    They said Fabian Hernandez's conviction and death sentence last month after a three-week jury trial did nothing to ease their pain. Instead, it added more sorrow.

    Renee and Fabian Hernandez's two sons, ages 10 and 12, now live with Renee Hernandez's mother. They eventually will be orphaned.

    "For the rest of their lives, they're going to have to say, 'My mom was murdered and my dad was put to death for it,' " said Gisela Urbina, Renee Hernandez's sister-in-law.

    The Urbinas' sorrow over the loss of a beloved family member is mirrored by the Fonseca family. But the Fonsecas feel differently about Hernandez's sentence.

    "It's a lot brighter here now," Fonseca's father, Arturo Fonseca, said last week during a phone interview from his home. "We still come to an empty place, but at least we can smile a little more."

    He said he did not think he could ever forgive Hernandez for killing his only child.

    "I've listened to different people talk about how they forgive that person, but I can't bring myself to do that," Fonseca said. "I'll never, ever forgive this guy for what he did."

    Fonseca said he and his family were at peace with the jury's decision. He said his family members could now move forward with their lives, but would continue to mourn Arthur Lee Fonseca's death.

    The Fonseca family supported District Attorney Jaime Esparza's decision to pursue the death penalty against Hernandez. The Urbinas had mixed feelings about it.

    The two families have not spoken since the trial.

    "For me, personally, I left it in God's hands," said Renee Hernandez's sister, Cynthia Estevis. "We were all mostly leaning for the life sentence because he still has his kids."

    Estevis said the family was surprised at the jury's sentencing verdict, but in the end they were glad he was held accountable for his actions.

    "He won't be able to hurt anybody else," Estevis said.

    After the verdict, Renee Hernandez's mother, Martha Urbina, sat down with her two grandsons and talked to them about the trial and the death sentence.

    "I told them the truth," Martha Urbina said. "I told them, 'He's always going to be your father.' At times I feel for Fabian. He lost his sons and I'm sure he loves them very much, but where was that love on Nov. 3, 2006? He didn't think about them then. He hurt a lot of people, but the ones he hurt the most were his boys."

    In the courtroom, the Urbinas were struck by how different Fabian Hernandez looked to them. He barely glanced up to meet their gazes. Most of the time, he kept his head bowed, looking up at a large projection screen only long enough to see what was being displayed.

    When the death sentence was read, he remained stoic. Afterward, he consulted with his lawyers and grinned.

    "I think he knew what was coming to him," Estevis said. "I don't think it bothered him."

    The Urbina family continues to struggle with why she was murdered and whether they should forgive Fabian Hernandez.

    "As much as we try to hate Fabian, we can't. He was one of us," Gisela Urbina said. "Renee was such a forgiving person. No matter what he did, she didn't want us to hate him."

    http://www.elpasotimes.com/news/ci_14073817?source=rss

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    Case # AP-76,275 Oral arguments on direct appeal set for October 19, 2011.

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    FABIAN HERNANDEZ v. THE STATE OF TEXAS

    In today's orders, the Texas Court of Criminal Appeals AFFIRMED Hernandez's conviction and sentence of death.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    El Paso Man Loses Death Penalty Appeal

    The Texas Court of Criminal Appeals has upheld the conviction of an El Paso man sent to death row for fatally shooting his estranged wife and a friend six years ago.

    Attorneys for 37-year-old Fabian Hernandez argued jury selection at his 2009 trial and a psychiatric interview by a mental health expert selected by prosecutors was improper. They also contended the trial judge was wrong for excluding evidence about the behavior of Hernandez’s wife, Renee.

    The state’s highest criminal court today rejected the arguments.

    The 28-year-old woman and 24-year-old Arturo Fonseca worked together at a McDonald’s. Both were shot to death outside Renee Hernandez’s home in November 2006.

    Fabian Hernandez still can appeal to the federal courts. He had a long criminal record, including a manslaughter conviction in New Mexico.

    http://www.abqjournal.com/main/2012/...ty-appeal.html
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    In today's orders, the United States Supreme Court declined to review Hernandez's petition for certiorari.

    Lower Ct: Court of Criminal Appeals of Texas
    Case Nos.: (AP-76,275)
    Decision Date: November 21, 2012
    Rehearing Denied: February 6, 2013
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    ARTICLE 11.071 APPLICATION FOR WRIT OF HABEAS CORPUS DENIED WITH WRITTEN ORDER:

    http://www.search.txcourts.gov/Searc...a-3f071c7b5e0d

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    Administrator Moh's Avatar
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    On February 19, 2015, Hernandez filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/tex...cv00135/736766

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    On May 23, 2017, Hernandez's habeas petition was DENIED in Federal District Court.

    https://docs.justia.com/cases/federa...0051/737009/50

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