State of West Virginia v. Robert Hernandez, Jr.
15-0538
| W. Va. | Oct 26, 2016Background
- Victim Devante Waites was stabbed at Bent Willey’s nightclub in Morgantown on Aug. 13, 2014, and died at the hospital shortly after.
- Initial arrest of Tashaon Jones was replaced by arrest of Robert Hernandez after police review of nightclub surveillance and witness statements.
- Trial was bifurcated; jury convicted Hernandez of first‑degree murder in the guilt phase and recommended denial of mercy in the penalty phase; Hernandez was sentenced to life without parole.
- Key evidence: nightclub surveillance video identifying Hernandez (tattoo and shirt change), witness identifications, blood consistent with the victim’s DNA on Hernandez’s jeans, and an inculpatory statement by Hernandez at the police station.
- The videotape showed Hernandez allegedly attempt to stab another person, then grab the victim’s shirt and pull him close; view of the actual stabbing was obscured but the victim’s shirt later showed a dark stain and Hernandez appeared to place something in his pocket after moving away.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict of first‑degree murder | Hernandez: evidence insufficient to prove guilt beyond a reasonable doubt | State: surveillance, witness ID, DNA on jeans, and statements support conviction | Court: Evidence sufficient; conviction affirmed |
| Sufficiency to establish premeditation and deliberation | Hernandez: evidence did not establish prior calculation and design | State: acts on video (stalking, grabbing shirt, backing away) support inference of premeditation | Court: Video and circumstances permitted reasonable inference of premeditation and deliberation; affirmed |
| Due process claim re: denial of motion for acquittal/new trial | Hernandez: denial violated due process (repackaged insufficiency claim) | State: did not address (issue inadequately briefed) | Court: Declined to address inadequately briefed due process claim |
Key Cases Cited
- State v. Guthrie, 194 W. Va. 657, 461 S.E.2d 163 (appellate sufficiency standard for criminal convictions)
- State v. LaRock, 196 W. Va. 294, 470 S.E.2d 613 (premeditation may be inferred from objective facts and circumstantial evidence)
- State v. Meade, 196 W. Va. 551, 474 S.E.2d 481 (tattoos may be shown to jury for identification when probative value outweighs prejudice)
- State v. Miller, 197 W. Va. 588, 476 S.E.2d 535 (deliberate and premeditated are synonymous)