MARTINEZ — Jurors on Monday found state Assemblyman Roger Hernandez, D-West Covina, not guilty of one misdemeanor count of driving under the influence in connection with his DUI arrest in Concord this year.
But the case isn’t over yet: The same jury was hung 6-6 on a second misdemeanor count of driving with a blood-alcohol level of 0.08 or higher. The Contra Costa District Attorney’s Office said it will announce whether to retry Hernandez on the mistrial charge at a Sept. 17 hearing.
“Oh my God, thank you,” Hernandez said to jurors, hugging some, outside the courtroom.
Jurors, who deliberated for nine hours, had been prohibited at trial from hearing that Hernandez is a politician and had been driving a state-issued car when he and a date were stopped by Concord police shortly after 2 a.m. March 27. “My whole bar tab was $24 for two people,” Hernandez told jurors.
When told that Hernandez is the state Assembly’s next majority whip, the jury foreman said he had suspected there was something the jury didn’t know about the case. None of the jurors approached by Bay Area News Group wanted to share their reasons behind the verdict.
“I can sleep at night,” said the foreman, who wouldn’t give his name. “It should have never seen the light of day. It should have been plea-bargained.”
Concord police officers testified that Hernandez weaved within a traffic lane and twice turned without signaling before driving into the parking lot of the Crowne Plaza Hotel. They said Hernandez and his date, Kaiser Permanente community and government relations manager Darcie Green, both smelled like alcohol and had bloodshot and watery eyes. Hernandez failed three field sobriety tests before he was taken into custody. Neither Hernandez nor Green took the witness stand.
An expert witness for the defense testified that Hernandez’s blood was mishandled and that it likely led to a false reading. Defense attorney Peter Johnson argued that wind, sloped pavement and error in administration caused Hernandez to do poorly in his field sobriety tests.
Hernandez’s blood-alcohol level tested 0.08, the point at which a driver is legally intoxicated in California, after he initially refused to be tested, authorities testified.
Deputy district attorney Bruce Flynn, head of Contra Costa County’s misdemeanor prosecutions, said the DA’s office accepts the verdict and will deliberate on what to do next.
“I feel grateful to have the opportunity to have my due process exercised.” Hernandez said. “The justice system is a system I’ve always believed in.
“I believe today’s ruling is a testament to good people making a decision based on facts and not innuendo,” Hernandez said.
Contact Malaika Fraley at 925-234-1684. Follow her at Twitter.com/malaikafraley.
