Sentenced to College - Chapter 5

Angel's day in court

Jul 08, 2024

PHOTO CREDIT: https://courthouses.co/us-states/m/minnesota/kandiyohi-county/

On September 8, 1998, 18-year-old Angel Hernandez appeared before Judge Donald M. Spilseth, ready to make a plea on the charges of “Receiving Stolen Property, Firearms” and “Crimes Committed for the Benefit of a Gang.” By then, he’d already served two and a half months in jail and was ready to plead guilty to the first charge, in exchange for the second charge being dropped.

The plea agreement also stated that Angel would have to fully disclose what exactly had happened on June 28, 1998—the night Willmar Police caught him, his friend J.T., and his younger brother with a stolen van and two loaded, sawed-off shotguns inside it.

At the plea hearing on September 8, Angel was represented by his public defender, Carter Greiner, and was questioned by Judge Spilseth to make sure he understood what was being put before him.

THE COURT: Do you understand that this agreement contemplates that you would enter a plea of guilty to Count I which is a felony charge?
THE DEFENDANT: Yes.
THE COURT: If you are convicted and sentenced in connection with Count I, this would result in a serious felony conviction on your record; do you understand that?
THE DEFENDANT: Yes.
THE COURT: If you do this, you are waiving your right to a trial and giving up a number of other important rights; do you understand that?
THE DEFENDANT: Yes.
THE COURT: With that in mind do you wish to proceed with a plea of guilty pursuant to this agreement, or would you rather proceed with this matter on a trial? A trial is scheduled for September 22nd.
THE DEFENDANT: I don't know.

Angel was scared. He knew that if he pleaded guilty to the first charge of “Receiving Stolen Property, Firearms” he would have a felony on his record for the rest of his life. What would that mean for him exactly? Plus, he was still facing up to 20 years in prison and a fine of up to $100,000 for the first charge. On the other hand, if he didn’t take the deal, a jury might find him guilty of BOTH charges, including “Crimes Committed for the Benefit of a Gang.” That could add another five years onto his prison sentence.

By then, Angel knew that in mid-August, his friend J.T. had already accepted a similar plea deal where the court had also agreed to drop the second charge in exchange for a guilty plea on “Receiving Stolen Property, Firearms.” J.T. had been sentenced to one year in the Kandiyohi County Jail with credit for time served—plus the potential for more time off for good behavior.

But this was different. Angel was 18 and could be facing prison time. Should he take the deal? Or should he take his chances with a jury trial?

The court took a short break and Angel’s public defender explained it to him again. He should do this. He should take the deal.

THE COURT: We are back on the record in State versus Hernandez. Mr. Hernandez left the courtroom for a few minutes to discuss this matter further with his attorney. As I understand it, Mr. Greiner, the defendant is now prepared to proceed?
MR. GREINER: Yes, Your Honor.
THE COURT: Mr. Hernandez, again, I will indicate that you are giving up your right to a trial if you plead guilty; do you understand that?
THE DEFENDANT: Yes.

Judge Spilseth went on to explain that, after a probation report was completed, there would be something called a “pre-sentence investigation” or PSI. Depending on what the judge learned about Angel’s history and his criminal record during that investigation, he would determine whether Angel should serve additional jail time. He explained that Angel’s plea would remain on hold until after that PSI was complete, allowing him more time to withdraw his plea if he chose to.

THE COURT: With that in mind, do you wish to proceed with a plea of guilty today, or would you rather have it remain on the calendar for a trial?
THE DEFENDANT: Proceed.

After sitting 75 days in jail, Angel was ready to accept the deal and move on. Luis’s lawyer, Manuel Guerrero (the same lawyer who had represented his parents a few years earlier after the drug raid on their home), had gotten Luis off with just probation, and he wondered if he’d made the right choice by going with the public defender they’d assigned to him. Mr. Greiner seemed like he knew what he was doing, but Luis’s lawyer, Manuel Guerrero, spoke Spanish and was more familiar with his family’s situation.

At one point, Manuel had even mentioned something about helping Angel if he was ever interested in attending college. Seriously? College? How was he supposed to pay for college when he didn’t even know how he was going to pay for the court fees and restitution he would owe from this conviction? He blew off the idea. College wasn’t for him. Right now, he needed to be there for his mom and his younger brother.

Q: Now, Mr. Hernandez, are you prepared to tell the Court facts that would indicate that you were involved with this crime?
A. Yes.
Q. Now do you understand if you go to trial you wouldn't have to make any admissions because you have the right to remain silent? We are asking you to waive that right and explain what happened today, if you wish to proceed with your plea. Do you understand?
A. Yes.
Q. Mr. Hernandez, I would like to go back to the events of June 26, 1998. Do you recall that day?
A. Yes.
Q. The police report indicates that you went to 1005 Campbell Avenue in Willmar, Minnesota, on that date; is that where you reside?
A. That is where I lived.
Q. You were in a vehicle with two other occupants; is that correct?
A. Yes.
Q. Who were the other occupants of the vehicle?
A. J.T. and my brother.
Q. You were in a vehicle. Could you describe that vehicle?
A. I think it was a darkish blue or — or a black mini van.
Q. Where were you seated in this vehicle as [the police] pulled up to your home at 1005 Campbell Avenue, Willmar?
A. I was about to get in the driver’s seat.
Q. Was the vehicle parked?
A. Yes. It is stated in the report it was parked.
Q. Tell me in your own words what happened.
A. Well, my brother and J.T. got in the van, that back big door, the sliding door.
Q. There is a sliding door on this van; is that what you are saying?
A. Yes. And they got through it because the front door wouldn’t open, the front passenger door. Then I was about to open the — well, I had opened the door and I was about to get in.
Q. Which door did you open?
A. The driver’s side door.
Q. And you were going to drive the vehicle?
A. Yes. And I knew there was two shotguns in the back seat of the driver's seat, which my brother didn't know were there, but J.T. did. The next thing I know, the cop, Mr. — Officer Monson and Proshek, I think it was — pulled in the driveway and I didn't know it was them until I saw them clearly and then I ran. So did J.T. My brother went inside the house. And the next day I came to court and they let me go. And then they did a search warrant on my house and something happened to my brother. He was… he was harmed by the police officers. And I kind of asked what was going on and they said they had a warrant for me and, since that day, I have been locked here.
Q. Going back to June 26th, when you approached this vehicle, where did you come from?
A. What do you mean? Oh. From my house. I was -- It was in front of my house in the driveway of my house.
Q. This was in the morning; is that correct?
A. Well, that is not correct because this thing happened the 25th. They arrested me on the 26th, the day after that… the next morning. Because it was at night... the day everything happened, and they arrested me on the 26th.
Q. When you talked about the two officers, which you believed to be Officer Proshek and Officer Monson approaching you, this was at your home; is that correct?
A. Yes.
Q. And at that time you told me that you were about to open the driver's side door on the left side of this mini van; is that correct?
A. Yeah. Well, it was open. I was about to get in.
Q. So you had already opened it?
A. Yes, but I don't think they saw it because it was by the shadows. Since there is no light in my driveway because it is a big old house.
Q. Immediately before you approached the vehicle, were you inside the house, or did you come from some other direction?
A. I came -- Inside my house.
Q. And you walked out towards the van?
A. Yes.
Q. Was somebody with you when you were walking towards the van?
A. No. My brother and J.T. were on the other side of the van standing.
Q. I see. And what was your plan? What were you going to do with the van?
A. We were just going to go around cruising.
Q. Now you stated that there were two firearms in the van; is that correct?
A. Yes.
Q. You are saying that they were in the back area underneath the driver?
A. No. Like, right here is the seat. Just laying on the ground behind the seat.
Q. So they were right behind the seat?
A. Yeah.
Q. So if one were going to access or take possession of the firearms, you would normally do that by coming in from the back seat side?
A. Well, yeah, I guess they were right there by the seat.
Q. Now for the back seat, is there any entry other than the sliding door on the right hand side of the vehicle?
A. No. That, or maybe you could come in through the back door.
Q. It would be a little more difficult?
A. Yeah.
Q. Presumably it is all open; is that right?
A. Yeah.
Q. Okay. But the sliding door would open up and normally that is how you would get access to these two guns; is that correct?
A. Yes.
Q. You stated that you knew the guns were there. How did you come to know that the firearms were in this vehicle?
A. A friend of mine had told me they were there, just to hold them for him.
Q. Who was that?
A. Do I have to say their name?
Q. If you are going to tell me the truth you do.
A. Okay. Like I told Mr. Greiner, it was a friend named Juan.
Q. Juan?
A. Yeah. Juan.
Q. What was Juan’s last name?
A. I don't know. We don't… I don' t usually ask what people's last name is.
Q. When did you obtain possession of the firearms?
A. Like — from where the thing happened, maybe an hour or two before.
Q. Did you have them in some other place other than the vehicle?
A. No.
Q. So they were placed directly into the vehicle?
A. Yes.
Q. Now who is the owner of this vehicle?
A. I don't know.
Q. Where did it come from?
A. Juan brought it.
Q. Juan brought it?
A. Yes.
Q. When did you get the vehicle?
A. When he dropped off the guns.
Q. Now you indicated you planned to drive the vehicle. You were going to take possession of it?
A. Yes.
Q. Is that correct? Did you own the vehicle at the time?
A. No.
Q. It states in this report that the vehicle’s dome lights had been disconnected; is that correct?
A. As far as I know it was. I didn’t get to look inside prior to getting — getting in when the cops came.
Q. What types of guns were these?
A. One was a double-barrel sawed-off 12-gauge I think, and the other one was -- I don't know if it was a 12-gauge or a 10-gauge or something, but it was sawed-off, too. Just one barrel. Single shot I think.
Q. It states in the complaint that: “The officers saw two uncased, loaded, sawed-off shotguns on the floor of the van, immediately behind the driver’s seat, and noticed that both the vehicle’s dome lights had been disconnected.”
Is that correct?
A. Yes.
Q. Where did the guns come from?
A. Juan. He didn’t tell me where he got them.
Q. He didn’t tell you?
A. No.
Q. But you knew they were stolen?
A. Well, I thought so because since — I don't know if Juan could buy them or something.
Q. Were these guns loaded?
A. As far as I know.
Q. You were going to go cruising you said?
A. Yeah.
Q. With the two loaded shotguns in the back seat?
A. Well, yeah, I couldn't leave them at my house.
Q. Did you have any intention of using those weapons?
A. No. We were just going to go around cruising.
Q. It sounds pretty dangerous, doesn't it, to carry two loaded, sawed-off shotguns in the back of the car?
A. Well, we were gonna find a place to hide them in case if the cops came, but — I can’t have no guns in my house since my mom’s on probation, you know. I don’t want her to go to jail.

At this point in the proceedings, Judge Spilseth asked Assistant Kandiyohi County Attorney Nancy Grussing if she had any questions for Angel.

She did. Several.

But before she began her line of questioning, she asked to approach the bench for a moment. When they came back on the record, she stated she would not bring any further charges against Angel that might result from her next line of questions. Specifically, there would be no charges for the theft of the van, “Receiving Stolen Property” regarding the van, or tampering with the van.

And then, she began.

She asked about Juan and clarified that it was HE who had brought the van to Angel’s house, not the other way around.

In her questioning of Angel, Ms. Grussing also clarified:

That Angel did not know Juan’s last name.
That Angel did not know about the guns… only that Juan said he had “something in the van” and Angel was supposed to “look after it.”
That, after seeing the guns, Angel assumed they were probably stolen because they were sawed off and because Juan brought them.
That Angel had planned to take the van and go cruising with Luis and J.T.
That J.T. didn’t know Juan had dropped off the van and the guns because he was in the bathroom at the time Juan arrived at the house.
That Luis did not see Angel driving the van because he had been downstairs in the basement the whole time that Juan was there.
That Angel had no idea where the van or the guns had come from — only that Juan had brought them.
That Angel had no idea why the dome lights in the van weren’t working because he hadn’t even gotten into the van yet.
That Angel had no idea who had sawed-off the barrels of the shotguns or who had loaded them.

After grilling Angel once more about Juan — his last name, where he lived, what he looked like — Ms. Grussing wrapped up her line of questioning. The discussion then turned to where Angel would be living if he were to be released from jail that day. He explained that he planned to live with his mom in Bricelyn, Minnesota and would be working at the same company where she worked — a corn-canning company.

The court also laid down some strict probation rules for Angel:

He must remain law-abiding.
He must attend all future court appearances.
He must not leave the state.
He must report any changes of address to the court administrator and to probation.
He must not have any contact with his friend J.T.
He must remain in contact with his attorney, Mr. Greiner.
He must contact his probation officer one time per week.
He must observe a curfew of 9 PM.
He shall not own or possess any firearms of any nature.
And finally, that Angel not to be allowed to return to Willmar except to see his probation officer.

Things would be difficult for the Hernandez family, but still, they were making it. Luis would be attending his senior year of high school in Wells, about 22 miles from Bricelyn. Angel and his mom had full time work at the canning company, and the family was together.

Maybe this was the wake-up call they all needed. A chance to get out of town, make a fresh start, and get away from the constant threat of gang activity that seemed to define their lives in Willmar.

Maybe it could work.

But then again, maybe not.

Next time: Rising stakes and a pair of pants

Sentenced to College - Chapter 5

Angel's day in court

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