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Wake County Story

Story Highlights
  • A Johnston County jury found Hipolito Hernandez guilty of second degree murder.
  • Hernandez received the maximum sentence, from 196 to 245 months in prison.




Driver Convicted In Fatal Hit And Run Gets Maximum Sentence

Credit: AP Online

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SMITHFIELD, N.C. -

A Johnston County jury found Hipolito Hernandez, an illegal immigrant, guilty of second degree murder in the death of a 7-year-old boy.

Prosecutors argued that Hernandez was driving drunk and speeding in Four Oaks on Sunday, April 13, 2008 when he hit 7-year-old Marcus Lassiter.

The jury also found Hernandez guilty of driving while impaired. They found him not guilty of reckless driving.

"It's going to give some closure," said Greca Lassiter, the boy's father. "But we're still going to miss our son and we're going to miss him every day."

Hernandez received the maximum sentence, from 196 to 245 months in prison. That's at least 16 years.

District Attorney Susan Doyle requested the maximum sentence, asking the judge to take into account that when officers arrested Hernandez for second-degree murder, he was already wanted for failing to appear in court on another DWI charge.

"This defendant has a continuous disregard for the laws of our state," Doyle said. "The only thing that will stop this defendant from drinking and driving and risking everyone else's life on the roadways is to be in prison."

The defense attorney asked the judge to consider that Hernandez work for a Clayton cement finishing company to help support eight brothers and sisters in Mexico. But that did not sway the judge.

After serving his sentence, Hernandez will go into the custody of U.S. Immigration and Customs Enforcement (ICE).

His defense attorney appealed the ruling. An appellate court will now determine if there were any legal errors in the trial.

 

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