Bronx District Attorney Robert Johnson announced that JORGE HERNAIZ was INDICTED: on charges of Aggravated Vehicular Homicide (Class B Felony), Vehicular Manslaughter in the 1st Degree, Vehicular Manslaughter in the 2nd Degree, Operating a Motor Vehicle While Under the Influence of Alcohol and other crimes for allegedly striking Marino Nunez as he exited the Henry Hudson Parkway onto West 254th Street and Broadway on May 31st in the Riverdale section of the Bronx. If convicted on the top counts, HERNAIZ faces up to 25 years in prison.
The COMPLAINT states:
Deponent states, that at the above time and place, a public roadway, he responded to a radio run of an automobile accident in which a pedestrian was struck, and observed a grey 2013 Toyota Camry (NYS license plate EMY9770) to have a large dent on the hood. Deponent further states that he observed a male individual to be laying on the ground near the aforementioned vehicle and to be bleeding from the head and have brain particle near the head as well .
Deponent further states that he observed defendant to be standing near the scene and to have a strong odor of alcohol emanating from his breath, Deponent further states that he observed defendant to be unsteady on his feet and at one
point, even fell over spontaneously. Deponent further states that he observed defendant to have bloodshot, watery eyes. Deponent further states he observed inside of the aforementioned vehicle, on the floor of the rear passenger compartment, one (1) pint-si zed bottle labeled SVEDKA VODKA to have only approximately one ounce of liquid left.
Deponent further states that defendant stated in sum and substance: I DRANK A BOTTLE OF VODKA IN MY CAR AND WENT TO SHOOT POOL AT THE BILLIARDS. WHILE THERE, I WENT OUTSIDE TO A BODEGA AND BOUGHT A CAN OF COLT 45, WHICH I DRANK. LATER ON I WAS DRIVING HOME AND GOT OFF ON THE BROADWAY EXIT OF HENRY HUDSON PARKWAY SOUTH . AT THE END OF THE RAMP FOR NORTHBOUND BROADWAY THERE IS A STOP OR YIELD SIGN. I LOOKED AND DID NOT SEE ANY CARS OR ANYTHING AND KEPT GOING. THEN I FELT THAT I HIT SOMETHING AND I STOPPED MY CAR. I GOT OUT AND SAW A MALE LAYING ON THE GROUND WITH BLOOD AROUND HIS HEAD AND THEN I GOT SHOCKED.
Deponent further states that he was present at the administration of a chemical test analysis of defendant’s blood, and defendant consented to the taking of his blood.
Deponent further states that at the scene, when he attempted to place defendant in handcuffs, defendant refused to place his hands behind his back and fought deponent and other officers while stating in sum and substance: I DON’T WANT TO HAVE TO HURT ONE OF YOU. Deponent further states that it took approximately six officers to finally restrain defendant and that, in the process, he strained his back .