People V. Francisco Jesus Hernandez

On October 16, 2019, a jury found Francisco Jesus Hernandez guilty of two counts of first degree murder, one count of attempted murder, attempted arson causing great bodily injury, a multiple murder special circumstance, and various personal use of a firearm enhancement.

On August 8, 2016, the three victims were all occupants in a single-cab pickup truck. They drove to a residential neighborhood off of 98th Avenue in East Oakland, where the driver began burning rubber and spinning donuts. The defendant and his seventeen-year-old son retrieved firearms, and the defendant shot the driver and middle passenger multiple times, killing them. The defendant approached the truck to check for survivors and found the third victim cowering on the passenger floorboard. Defendant pulled him out of the truck. When the victim begged for his life, the defendant told him, “You came with them, you will leave with them.” After the defendant and his son pistol-whipped the victim, the defendant said, “Son, you know what you have to do,” and the son then shot the victim in the face, chest, arm and hand. A third unknown suspect doused this man and the truck with gasoline. The defendant then forced this victim who was still alive back into the truck, and one of the three lit the truck on fire. The attempted murder victim was able to run from the burning truck on fire, shed his burning clothing, and hide until police and paramedics arrived. The strength of the evidence in this case is attributable to multiple courageous neighbors who came forward and identified the two defendants.

The defendant will be sentenced January 10, 2020, and faces Life in Prison Without the Possibility of Parole. Before trial, Francisco Hernandez Junior pled no contest to the willful, deliberate and premeditated attempted murder of the surviving victim and admitted a personal use of a firearm enhancement. He will be sentenced on November 15, 2019, to an indeterminate term of 17 years to Life in Prison.

Posted on Oct 16, 2019