By Sydney Kaplan and Ganga Nair
WOODLAND, CA – In November of 2015, a 16-year-old victim was saved by a neighbor during a violent sexual attack allegedly perpetrated by her former boyfriend, Michael Hernandez.
After being identified, Hernandez racked up 10 violent charges: two for kidnapping with purposes of rape and oral copulation, sexual battery, two charges of assault with intent to commit a sex crime on a minor, infliction of corporal injury, kidnapping, false imprisonment with force, and two charges of dissuading a witness.
Hernandez pleaded guilty to the violence but insisted innocence on all sexual charges.
The jury trial was held in front of Yolo County Superior Court Judge Timothy L. Fall Wednesday and Thursday, with the defense was led by attorney Jesse S. Ortiz and the prosecution by Deputy District Attorney Martha Wais.
According to the prosecution’s opening statements, Hernandez and the victim had known one another for four years before the attack. They had dated off and on.
Hernandez had struggled with his mental health in the past. After a mental hospital visit by Hernandez, the two broke up, but the victim still took it upon herself to help Hernandez find a job and ensure his stability.
This led the two to the library computers on Nov. 27, 2015; however, instead of looking for a job, Hernandez was viewing the Mayweather fights, Facebook and porn.
The victim was frustrated, but it was not until Hernandez attempted to steal the phone of a girl at the library that they left.
Wais shared that then the two went to McDonald’s before the victim received a phone call from her mother asking her to come home. As the victim was beginning to walk back, the defendant grabbed her backpack and set off in the other direction. The victim followed the defendant in an attempt to get her backpack back.
Despite the victim pleading with Hernandez, he continued to get more agitated and eventually pulled her into a nook near a cemetery where he attempted to put his hand down her pants and kiss her. Reportedly he said, “Shut up. Don’t say anything. I don’t want to hurt you. I just want you.”
The victim bit his lip to prevent the forced kiss from progressing. Hernandez allegedly stated “I know you’re trying to run away from me. Don’t do it.”
Directly afterwards, Hernandez supposedly said, “Pull down your shirt or I’m going to choke you for five seconds.” As the victim continued to protest and deny, Hernandez strangled the victim and pulled down her shirt himself before biting her.
At this point, Hernandez dragged the victim into a mausoleum. He got on top of her and told her to “give it up” repeatedly.
The victim, sensing danger, pleaded desperately, “Michael, you’re my protector. You’re supposed to protect me. Right now you are hurting me.”
Hernandez punched her in the face five times. He choked her once more but got off of her briefly, giving the victim time to run away. The victim was almost out of the cemetery when she was caught, thrown over Hernandez’s shoulder, and brought back to the mausoleum.
Hernandez then kicked the victim and “stomped” on the victim repeatedly. He noticed the victim’s leggings were torn. He ripped them off and climbed on top of the victim once more yelling, “Give it up, give it up, let it happen.”
In an attempt to get help, the victim insisted, “Let’s not do this here, let’s go to your house.” Hernandez agreed and pulled her out of the mausoleum.
According to a nearby witness, the victim was covered in blood. She was being dragged by her hair. However, despite her injuries, the victim was screaming as they walked down the street, “I’m 16 years old! He’s trying to rape me! Look at my face! Call the cops!”
The screaming is what initially alerted the nearby witness to the scene. After running inside to grab a phone and call the police, the witness noted Hernandez punching the victim’s face after every plea for help.
The 911 call was played in court. It revealed the neighbor upset, yelling, “There is a man beating a woman and dragging her down the street. He is dragging her by her head. She’s half naked.”
A few seconds later, the call became more panicked. “Oh my God I can’t stop it. Oh my God. Now he’s throwing her in some rose bushes! Let her go. Let her go. Let her go. Walk away from her. Walk away from her. Walk away. Walk away. Oh my God. The men in this neighborhood.”
At this point, the victim had fallen down, and the witness ran toward the victim. Hernandez took off running the opposite direction. The witness and victim hid between cars as they waited for the police to arrive.
“The victim was in shock, she just kept saying she wanted to call her mom,” the witness recalled in court. The victim’s injuries included a subarachnoid hemorrhage on her brain, black eyes, bruising, nose broken in three different places, and a bloody lip.
Ortiz attempted to plead innocent to all charges of sexual misconduct on behalf of the victim. Ortiz’s opening statement acknowledged the violence and told the story with striking similarities to the prosecution, however, the defense emphasized different elements.
The defense focused on the victim’s autonomy. How she chose to go to the library to aid the defendant, then chose to continue spending time with the defendant even though she was unsure whether he was “on meth or simply off his medication.” How when Hernandez took the victim’s backpack, the victim followed him willingly.
The defense agreed that Hernandez attempted to kiss the victim but argued that when she bit his lip, he backed off. Later, in the mausoleum when Hernandez had exposed himself, the defense argued that even though he was on top of her, he did not physically force that aspect of himself on her.
Allegedly, when the victim pleaded with Hernandez to stop by saying, “I don’t want to do that, I’ve never done that before,” Hernandez stopped and got off of her long enough for the victim to run away.
“He did get upset and hit her, but he never forced himself on her in that way,” argued the defense.
The defense also utilized the mental health argument for Hernandez, stating this type of behavior was “out of character” for him.
On the second day of Hernandez’s trial, testimonies from the victim and law enforcement provided new insight to the relationship between the victim and defendant, as well as his mental health history.
The defense continued to focus on Hernandez’s mental health and history with the victim. Allegedly, as they both aged, Hernandez’s mental health altered his demeanor, taking a negative toll on their relationship.
Hernandez, diagnosed with bipolar disorder and schizophrenia, had recently returned from a mental hospital when this attack took place. Due to their history, the victim was familiar with Hernandez’s behavior both on and off his medication.
Shortly before the attack, when the victim and Hernandez were broken up, the victim stated Hernandez “had a fixation on her,” and was jealous frequently.
When Hernandez’s past was investigated further, evidence of possible trauma was found. The defendant reportedly told the victim he had been raped before. Additionally, Hernandez was found to have used drugs in the past, thus altering his behavior.
The defendant had no friends and while his exact familial situation is unknown, Hernandez chose to live with the victim and her family instead of his grandma and father. However, after a month, Hernandez decided to move out of the victim’s household on his own, proclaiming he “no longer wanted to be friends with the victim.”
Several of Hernandez’s actions that day, including the attack itself, were argued as “uncharacteristic” of the defendant. However, the prosecution and Officer Zachary Ryno’s testimony painted a different picture, revealing a violent past between the victim and defendant.
After responding to the 911 call Nov. 28, 2015, Officer Ryno spoke to the victim about the attack she endured by the alleged perpetrator, Hernandez. However, for Officer Ryno, it was not the first time he had encountered Hernandez.
On Nov. 26, 2015, Officer Ryno was called to the scene by the victim’s mother, as Hernandez refused to leave the victim’s residence. Upon arriving, Officer Ryno recalled seeing the victim and her mother.
When questioned by DDA Wais, Officer Ryno explained he did not take the defendant to a psychiatric facility, as Hernandez failed to meet the legal criteria justifying such an action. Taking such actions would have resulted in the loss of his job, since it would be “basically kidnapping them,” Officer Ryno reports.
Wais then directed Officer Ryno’s testimony to the events of Nov. 28, when Ryno recalled seeing Hernandez in the backyard of a Woodland home, after hearing reports from neighbors that the defendant was hiding there. The officer recognized him from their previous encounter, and asked Hernandez to show his hands, which had been behind his back.
Hernandez refused to comply. Ryno, aware that Hernandez committed a series of violent crimes, “was unsure about whether he was armed or what his intentions were,” prompting Ryno to use a less lethal impact munition to get his compliance.
The defendant refused once again, and tried to crawl out of the officer’s view. Ryno then reported firing another less lethal impact munition. Hernandez failed to comply for a third time, and fled out of Ryno’s view. Ryno reported Hernandez being arrested the next day.
Officer Ryno then took photos of the defendant, which Wais presented before the court. Images of Hernandez’s knuckles, hands, bloody shirt and face documenting his injuries were confirmed by Ryno, and presented before the jury.
Ortiz then questioned Officer Ryno about the events that took place on Thanksgiving 2015. Ortiz attempted to jog Officer Ryno’s memory about the presence of Hernanez’s father at the scene, pleading with Ryno to take the defendant to a hospital. However, Ryno was unable to remember.
Ortiz then confirmed that Ryno could not legally take Hernandez to a psychiatric facility. Despite this, Ryno concurred with Ortiz’s statement that Hernandez behavior was “unpredictable, increasing in nature.”
Closing statements are set to occur within the next couple days.
Sydney Kaplan is an incoming third-year at Santa Clara University. As a Political Science major with Journalism & Economics minors, her biggest passion is exploring the various intersections between her fields of study. Currently, she is most interested in comparative media policy and criminal justice reform.
Ganga Nair is a rising sophomore at UC Davis, majoring in International Relations and Psychology. She is from Sacramento, CAm and hopes to pursue a career in international law.
To sign up for our new newsletter – Everyday Injustice – https://tinyurl.com/yyultcf9
Support our work – to become a sustaining at $5 – $10- $25 per month hit the link:
