- By Carolyn Anderson
An attitude of frustration has filled this community ever since our Edwards County Deputy Sheriff Gilmer Hernandez was indicted for an offense that basically read that an illegal was deprived of her rights protected by our Constitution. First the charge, then the indictment, followed by a trial and then the conviction still confounds many of us here in this small, rural town. Hernandez is presently being held in a federal holding facility in Del Rio, Texas until his sentencing on March 12. Many here question why this law officer was ever even charged for doing his job. He shot at the tires of a vehicle whose driver had attempted to run over him as he evaded arrest after Hernandez stopped his vehicle for a traffic violation. Hernandez had seen suspected undocumented illegals in the floor and on seats of the vehicle.
Our nation has picked up on Gilmer’s story, along with two border patrol agents who have already been sentenced to prison. The Free Gilmer story has been heard on radio talk shows, seen on television, read about in newspapers and there’s more to come. Americans are concerned and ready to stand up ‘for our rights’.
The Washington Times ran a front page story on February 2nd entitled Texas Deputy to Pay for Defending Self. What more can we say! On Monday morning, television’s Fox and Friends showed a story about Gilmer. It was well done with no inaccurate statements observed. Other exposures of the case have been written up in the San Antonio Express News and showcased on KSAT news. Tooter Smith held a telephone conversation with California talk show host Roger Hegecock last Thursday night on radio station KOGO.
Sheriff Letsinger was interviewed live by KRLD radio station talk host on Monday. He also was interviewed on an Austin station last week. Letsinger said both of the hosts were in support of Gilmer.
John Liberman with America’s Most Wanted and San Antonio’s KSAT News-Channel 12 were scheduled to be here Wednesday. A benefit was planned for that day also to raise money to help with traveling expenses for Roy and Judy Cottle and Gilmer’s wife Ashley who will participate in a Free the Texas Three March in California this Saturday. The march highlights the plight of the two convicted Border Patrol agents Ignacia Ramos and Jose Compean and Hernandez. Other national media including Lou Dobbs of CNN, politicians and convicted agent Ramos’ wife are scheduled to be there.
Here, locals hope for the least sentence for Hernandez or even a more promising appeal after the sentencing on March 12, or even better a Presidential Pardon.
A committee formed to assist Hernandez received over 200 letters on behalf of Gilmer’s character to be presented prior to his sentencing. The two that complete this article are from Sheriff Letsinger and Gilmer’s junior high and high school teacher and coach, Wayman Grigson.
Our hopes and prayers are that of our slogan-Free Gilmer.
Your Honor,
I have served the enforcement of the law and the protection of the public for 25 years, 15 of them as an elected Sheriff. I have been cross-designated with the DEA. I was the Task Force Officer and case agent in the prosecution of a Conspiracy to Traffic Narcotics in violation of Federal Statutes. I fully understand the need to protect the rights of all individuals, especially the rights of the accused. I understand the need to defend the rule of law and the Constitution. I understand the need for 18 USC § 242, Deprivation of Rights Under Color of Law. I also understand the Doctrine of Self-defense from the use and threatened use of deadly force.
I have always believed that those of us that protect and defend the law are obligated to truth. The truth to disclose to a Jury or Grand Jury all the facts, all the evidence, the truth and the whole truth. We must do this even if the guilty are not indicted or found not guilty. Justice is only truly served with the truth.
I cannot begin to explain to anyone my dismay when I was informed of the guilty verdict handed down against Deputy Sheriff Guillermo F. Hernandez. I assure you that I became truly ill. I could have not been any more upset if the verdict had been passed on my own son.
My first thoughts were that the system that I have served for 25 years had failed. For about three days I was ashamed to be part of the law enforcement community that serves and protects the Constitution. Finally I remembered what I already knew. The Grand Jury did not fail, they indicted on the information they were given. The Jury did not fail, they convicted on the evidence presented. The Court did not fail the system. The Court does not control the investigation or the prosecution’s presentation of the facts.
I know that the system only fails when we (law enforcement officers and prosecutors) the protectors of the system fail the system by not disclosing to the jury the whole truth, all the facts and all the evidence. We fail the system when we imply to the jury wrong doing when there is none. When it is implied that evidence was not collected to protect an officer from prosecution. When we know that the policy requires another agency to collect that evidence and the prosecution knew the evidence was collected. We fail the system when we imply to the jury that policy is law. When we know that policy is only a guideline for operations. When we imply before a jury that evidence may have been tampered with. When those of us who know better know that it is a simple thing for the FBI to test a videotape to see if it has been erased or tampered with. We fail the system when an expert witness testifies with words like “There were four shots fired and maybe six.” When we posture before the jury with implications that we do not believe the integrity of a witness when we know the witness is honorable and truthful. We fail the system when we know a witness for the government has made false statements to investigators and we justify those statements as confusion and we do so for a conviction. We fail the system when we buy witnesses and purchase testimony at the expense of our Statutes.
Your Honor, no man should stand for judgement based on prosecution courtroom antics in the name of advocacy based on false statements and implied evidence. As God is my witness Deputy Hernandez is a good and honorable young man. Deputy Hernandez told the truth when he said the driver of the vehicle tried to run him over. Even the statement of Yvonne Hernandez-Morales supports Deputy Hernandez. “When the officer got to the drivers door the driver took off.” Deputy Hernandez and his wife could have told any story they wanted. Deputy Hernandez was shooting at the tires trying to stop a vehicle whose driver was evading arrest or detention. Deputy Hernandez had every right to arrest and detain the driver of the evading vehicle. Deputy Hernandez did not intentionally harm anyone. Deputy Hernandez is a good enough shot to have placed all the rounds in his weapon right through the back glass of the suburban.
Your Honor, I respectfully request that you sentence Guillermo Falcon Hernandez to time served and release him from custody.
Sincerely,
Don G. Letsinger,
Sheriff, Edwards County Coach Grigson speaking on behalf of Gilmer Hernandez
I came to know Gilmer when he entered junior high school. He was a jovial fellow, yet quiet. He had his mind set on law enforcement at an early age and stayed focused on that goal.
When in high school Gilmer remained the same good natured fellow. He was the manager of the football team and I believe the basketball team. he stayed on top of his duties and helped me stay on top of mine. Gilmer was a great help to the team.
After Gilmer got his higher education, he came back to Rocksprings. He melded into community without any problem. He was still Gilmer, the jovial fellow, just older. I would see him in the weight room and talk about his future. He was planning to start a family with a local girl. He was doing fine and staying focused on what he wanted out of life.
Out of many students that I see come and go, Gilmer was one of the finest. I cannot say enough about how he has helped me and the community.
Gilmer is a fine young man of good character. I hope he can stay focused on the future.
Thank you,
Wayman Grigson
Coach Grigson
Rocksprings, Texas