Pedro Alberto Hernandez spent more than 90 days jailed following his Oct. 1 arrest before Harris County prosecutors moved to have his murder and driving while intoxicated charges dismissed for lack of evidence.
Mark Mulligan, Houston Chronicle / Staff photographerdrunkenly running over a 6-year-old boy and killing him
Pedro Alberto Hernandez was charged with murder and driving while intoxicated — he had two prior convictions of that nature — after authorities believed he hit the child, Darien Lewis, in a parking lot outside a southwest Houston washateria. He spent more than 90 days jailed after his Oct. 1 arrest, records show.
Hernandez’s lawyer, Daniel Werlinger, said the results from a blood draw and breathalyzer showed no signs of drugs or alcohol. Authorities then reviewed the surveillance footage from the washateria near Bissonnet Street and Leawood Boulevard and found no indication that Hernandez drove negligently in the parking lot, something that could have prompted a different charge, he continued.
Hernandez appeared in court days later with a black eye — an observation that did not escape Werlinger at the time of the appearance.Court records go on to reflect that officers who responded to the scene believed Hernandez had a “blank look” on his face and showed signs of unsteady balance and slurred speech. A search warrant requesting blood samples from Hernandez went on to say that the officer smelled alcohol.
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