Man Charged with Attempted Sexual Assault Convicted on Lesser Charges

After hearing two days of testimony in a attempted sexual assault case, and then deliberating for over three hours, an Anderson County jury sitting in District Judge Deborah Oakes Evans case found Meliton Hernandez, 52, not guilty of attempted sexual assault (a third degree felony).  The jury did find Mr. Hernandez guilty, however, of two lesser crimes: assault causing bodily injury, family violence (a Class A Misdemeanor) and assault by physical contact (a Class C Misdemeanor).

The case, prosecuted by Anderson County Assistant District Attorney, Scott Holden, accused Mr. Hernandez of attempting to sexually assault a family member on July 6, 2008, while the rest of the family had gone swimming at Lake Jacksonville.

The case was investigated by Anderson County Sheriff’s Department, Deputy John Wright, a five year veteran in the Sheriff’s office. Local attorney, Mr. Jeff Herrington, represented Mr. Hernandez.

The victim, who was identified in court only by the pseudonym, Maria Garza, testified  on Tuesday that Mr. Hernandez assaulted her while he was working on her car. At one point, Mrs. Garza claims Mr. Hernandez asked her to get him a drink. After removing a soda from the refrigerator, she turned around and saw Mr. Hernandez standing in front of the door holding it shut. He said to her, “I’m in need of a woman.” The victim responded, “Are you crazy?” citing the fact that they are related.

According to Mrs. Garza, she ran towards the door in an attempt to escape, when the defendant grabbed her and shoved her on the couch. He then threw her to the floor where he pinned her down by holding her wrists. Mr. Hernandez then exposed Mrs. Garza’s breasts and attempted to remove her pants. When asked about Mr. Hernandez’s intent the victim stated, “He was trying to have sex with me.”

In an attempt to thwart Mr. Hernandez’s efforts, she bit his shoulder and managed to knock over a nearby TV-tray. The object startled the defendant and gave Mrs. Garza enough time to escape to her house next door where she called several family members and then 911.

Deputy Wright was the first to respond at the scene. He testified that, while driving to the residence, he spotted a white pick-up truck leaving the area, which matched a description of Mr. Hernandez’s truck.

Deputy Wright made a stop, identified the driver as Meliton Hernandez, and instructed him to return and wait in the truck while the deputy entered the victim’s home. Mr. Hernandez complied.

Upon making contact with Mrs. Garza, the deputy noticed that “her make-up was running, there were tears in her eyes, her hair was in disarray, and she was having difficulty keeping her composure.” Deputy Wright took a written statement from the victim and photographed her appearance, including a bite mark on her lip.

Mrs. Garza testified that the mark was a result of Mr. Hernandez pulling on her lower lip with his teeth.

Texas law defines attempted sexual assault as attempted forced penetration to the anus, sexual organ, or mouth of an individual by an offender without the individual’s consent.

Due to lack of evidence, the state was unable to convince the jury beyond a reasonable doubt that Mr. Hernandez attempted to sexually assault Mrs. Garza; however, they did find him guilty of assault by physical contact. This contact included Mr. Hernandez kissing and licking Mrs. Garza’s breasts without her permission. During his closing arguments, Mr. Holden, said, “Why would a man do this if he were not attempting to take it further [to sexual assault]?”

An unnamed jury member commented, “Had the Sheriff’s office felt a felony was committed, they would have issued a search warrant for the crime scene and conducted a more thorough investigation.”