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On October 20, 1998 — six weeks after Angel accepted a guilty plea for “Receiving Stolen Property, Firearms” — he sat before Judge Spilseth once again for his sentencing hearing.
He had already spent 75 days in jail while awaiting his September 8 plea hearing and was given an additional credit for good time, bringing his total time served to 112 days. He and his defense lawyer, Carter Greiner, were hopeful there would be no more jail time, and also that the judge would agree to a stay of imposition of his sentence, meaning that as long as Angel abided by all the rules of his probation for the next 10 years, his conviction would be reduced to a misdemeanor so he wouldn’t have to carry a felony conviction on his record for the rest of his life.
In between the plea hearing and and the sentencing hearing, Angel’s probation officer, Nancy Naujokas (Nye-OH-kiss), had been conducting a pre-sentencing investigation (PSI) based on interviews with Angel and a variety of other people who could provide pertinent information about his background. These people might include the prosecutor, law enforcement agents, victims, mental health and substance abuse treatment providers, school personnel, family members, associates, and past or current employers. Following the interviews, and taking into account any extenuating circumstances, she would compile a probation report for Judge Spilseth with recommendations and guidelines on how lenient or severe Angel’s sentence should be.
The hearing began at 10:30 AM, and after listening to the opinions of both the defense and the prosecuting attorney over how Angel should be sentenced, Judge Spilseth spoke directly to Angel.
Mr. Hernandez, in case there is any doubt in your mind, the Court is going to order that this be the subject of a stay of imposition of sentence. As your attorney correctly notes, that is an incentive to you to try to avoid further crimes while you are on probation, and it will result in a misdemeanor on your record if you are successful in that regard.
And, Angel, I have reviewed the PSI very carefully.
It tells me a number of things about you that I did not know previously. One of those is that you have done well in school. Mr. Guerrero, in the past, has made that statement about you. And I commend you for the fact that you graduated 160th out of your graduating class. [Around the middle of the pack.]
First, you graduated. That is a real accomplishment. Secondly, you did well in school. That is a great accomplishment, particularly when you grow up in a house where English is not your first language and I know that much of your education is, of course, delivered in English. So you have a bit of a handicap there which you have overcome. I encourage you to follow through with your education. That is the key to a fulfilling life where you can help other people, help your mother who cares so much about you, and to help your father.
But, Angel, I am concerned when I see the people you choose to spend your time with and the activities that these people are involved with. Those are not good choices, Angel. And that is not going to lead to a fulfilling life. It is going to lead to a life of problems, one difficulty with the law after another. I say that as a bit of advice today because I am concerned about your future knowing you have the ability to go to school and many people would like to see that happen. But it is disappointing when I see you are spending time with people that are known gang members who knowingly violate the law. Because when you spend time with them, let's face it, those are the activities that many times become the focus of the group dynamics.
Choose your friends carefully. Don't limit yourself to people that break the law with impunity because it is your life that you are risking when you do that, both your safety and your future. Angel, you do have a future. Make the most of it. Go to school and stay away from people that break the law. Can you accept that today as a good piece of advice?
Angel agreed. Over the years, he’d had aspirations of becoming a lawyer himself one day. He knew that could never happen if he had a felony on his record. A stay of imposition meant he would have a chance of making that happen.
But he wasn’t prepared for what the judge told him next. Judge Spilseth wouldn’t be imposing any more jail time for Angel, but he was sending him to the adult work program at Camp Ripley in Little Falls, Minnesota.
Camp Ripley is a 53,000-acre regional training center, primary used by Minnesota National Guard units. In 1997, the Minnesota legislature established the Camp Ripley work program as a four-year pilot project to study the effect of work programs on recidivism (re-offense) rates of first- and second-time non-violent offenders.
Judge Spilseth explained that Camp Ripley had an educational component that he felt would be good for Angel. He would be living and working in a controlled setting for 60 days and, hopefully, that would allow him to break ties with some of the people who might otherwise entice him into breaking the law again.
So, off Angel went to Camp Ripley. Four weeks later, he was back in front of Judge Spilseth again. He didn’t make it through the program. The reasons behind Angel’s discharge were discussed privately in the judge’s chambers prior to the hearing, but this probation violation meant that the judge’s stay of imposition could be revoked, meaning the felony conviction would become a permanent part of Angel’s record.
Still, Judge Spilseth was willing to give Angel another chance. This was a 19-year-old kid after all, with no previous history of violence, no known threat to public safety, and the potential to make something of himself. Angel was now living with his mother in Murdock, Minnesota, and, as part of his sentence, he was also responsible for paying restitution to the owner of the two stolen guns that had been found in his possession. Angel owed $770, which would be setup on payments and withheld from his wages. That meant he needed a job.
The judge sentenced him to 30 additional days in the Kandiyohi County Jail and allowed him to be released under the Huber program so he could work while incarcerated.
Angel had dodged another bullet. His stay of imposition was still in place and he still had a chance to turn his life around. He just had to stay out of trouble for the next 10 years while he remained on probation.
But then, the pants.
On February 17, 1999, Angel and two of his friends were planning to go to a dance in Hutchinson, about 48 miles southeast of Willmar. They didn’t have any money, so they went to the JC Penney at the Kandi Mall to shoplift some clothes. He’s not proud of this, but he admits it. Yes, he was on probation. Yes, he knew the risks. But, he was 19 year old, still hanging with his gang friends, and still making bad decisions.
According to Angel, the manager was following him around the store, so he didn’t end up taking anything, but his friends did. And yet, the store manager confronted Angel. He told him he was not allowed in the store anymore, and that if he came in again, he would call the police. Angel told him, “I didn’t do anything. Go look at the camera above us.”
And then, he left. Or, at least he tried to leave.
Here’s how that went, according to the complaint:
The individual [Angel] then began walking out the north exit with the store manger following him. The individual then turned towards him asking why he was following him and [the store manager] advised him to leave the store. At this point, the two other Hispanic males met up with the suspect whereupon they left through the north exit. Once outside, the store manager was met by Mall Security and they approached the individuals informing all three that they were not allowed in the store anymore.
While the store manager was trying to talk with the individual (later identified as Angel Hernandez, the 6’3” Hispanic male), Hernandez was yelling, shouting, threatening the store manager, at one point leaning into him, pushing him, chest to chest while saying he was going to kick his ass. As a defensive move, the store manager pushed Hernandez and then backed up to put space between he and Hernandez. The other two security personnel were involved with the two additional Hispanic males. [Security Guard #1] stated that the individual identified himself by saying “I’m Angel Hernandez, the leader of the Latin Kings and I can do anything I want to.” Hernandez stated that he was not afraid of the Willmar Police or anybody else. At one point Hernandez continued yelling at the store manager that he was going to kick his ass and everyone else’s. Security Guard #1 stated that he heard Hernandez state he was going to kill him. Security Guard #1 stated that he felt threatened and feared for his safety. Security Guard #1 told Hernandez that he was going to call the police and when the call was being made, Hernandez and the two other suspects ran from the area to a red or maroon minivan that had the side door open, then fled the parking lot.
And this is where things get dicey. Angel says he definitely did not introduce himself as “Angel Hernandez, the leader of the Latin Kings” because it simply wasn’t true and there would be consequences for that. But, because that’s what was printed in all the papers, Angel would have to deal with those consequences.
A year later, when interviewed for a newspaper story about the incident, Angel said the altercation was blown out of proportion. He is quoted as saying, “I did argue with them and everything, but I didn’t say I was going to kill them. But you never know. I was pretty mad. I probably did. I don’t remember.”
But on the point of whether he said he was the leader of the Latin Kings, Angel is clear: he never said it.
Regardless of who said what to whom, Angel was arrested, sent to jail, and charged with the following:
Count 1: Terroristic Threats, Committed for the Benefit of a Gang
Count 2: Assault in the Fifth Degree, Committed for the Benefit of a Gang
Count 3: Disorderly Conduct, Committed for the Benefit of a Gang
Count 4: Theft, Attempt
On March 8, 1999 Angel was arraigned, assigned a public defender, and could possibly be released on the following conditions:
Bail set at $10,000
No contact with the alleged victim
Remain in contact with his attorney
Remain law abiding
Meet with his probation officer one time per week
Excluded from the J.C. Penney store and the Kandi Mall
Angel did not make bail, so he remained in jail while awaiting trial. That is, he would remain in jail for the next 426 days, being ferried between six different jails due to overcrowding. In between, he would face his first jury trial and sit before the Honorable Judge Don Spilseth once again. And it was Judge Spilseth who would ultimately determine his fate.
Next time: The Judge
Huge apologies for my long lapse in getting this blog post written! Summer flew by with a flurry of volunteer efforts, then Patty and I got busy with speaking commitments again this fall, then a trip to Ireland together with our husbands, and now… here we are in mid-October!
This past year has been an incredible whirlwind, in the best possible way! In just a few days — October 17 — it will be a full year since Dear Jacob was officially published. (What??) Since that time, Patty and I have officially made over 50 speaking appearances together, with several more still scheduled. The reviews and response to Dear Jacob have been over-the-top amazing, and the outpouring of support we continue to receive at our speaking events has been nothing short of astounding.
Patty Wetterling is such an incredible human being, and I’m so grateful to have been given the opportunity to help her write this book. It truly is a lasting legacy to Jacob, but also to Patty’s life work, her undying commitment to her son, and the sustaining hope we all embraced in those 27 years we waited for answers.
For a calendar of upcoming events, a recap of our recent trip to Ireland, and updates about Dear Jacob (including the upcoming paperback release and a sneak peek of the new cover), please subscribe to our free newsletter at DearJacobBook.com.
Dear Jacob: A Mother’s Journey of Hope is published by MNHS Press. You can purchase it at your favorite bookseller, or ask for it at your local library.
Great work!! To have long lapses in writing when it's connected to good things is awesome!!! Looking forward to more chapters!
I'd forgotten that Angel was on probation when he tried to shoplift. This makes Spilseth's decision pretty astounding, and I'm eager to see how he came to it!.