Albuquerque Journal

Plea deal in murder of Tech student stuns, angers parents

- UpFront is a front-page news and opinion column. Comment directly to Joline at 823-3603, jkrueger@abqjournal.com or follow her on Twitter @ jolinegkg.

Suddenly, it was over. The first-degree murder case against the man who killed their son had dragged on for three years. Maria and Jorge Hernandez had made every trip — 1½ hours from their home in Albuquerqu­e to the courtroom in Socorro — for every pretrial hearing, every meeting with the prosecutor, every attempt by the defense to convince a judge that accused killer Elijah Otero was too mentally unstable to stand trial; too mentally unstable to know what he was doing when he appeared to drive his mother’s Ford Explorer straight into Alex Hernandez; too mentally unstable to understand that he had admitted not once but twice to Socorro police that he had deliberate­ly, angrily killed Alex.

Trial dates were set, then vacated. All the while, the Hernandeze­s repeatedly insisted that the case should go to

trial. There was a video of the killing. There was a confession. There had to be justice.

Trial was again scheduled, for Jan. 28 before state District Judge Mercedes Murphy. But last Monday — a day after what would have been Alex’s 29th birthday, two days before the third anniversar­y of the day he died — the Hernandeze­s traveled to Socorro for what was scheduled as a pretrial conference and learned that Otero, 25, had accepted a plea agreement. There would be no trial. Under the agreement, Otero pleaded guilty to second-degree murder and faces a maximum sentence of 15 years. Had he been convicted of first-degree murder, he would have had to serve a mandatory 30 years.

Sentencing is set for April 15 after a 60-day psychologi­cal evaluation is completed.

“We were stunned,” Jorge Hernandez said. “We had met with the prosecutor in December and discussed jury instructio­ns. He told us he was preparing for trial.”

But Deputy District Attorney Ricardo Berry had also shared his concerns about the difficulty of getting a firstdegre­e murder conviction, at least in a jurisdicti­on such as Socorro, the Hernandeze­s said.

The defense could argue that Otero had diminished capacity, meaning he could not have formed the intent to kill as is required to convict under first-degree murder — this, even though the state’s expert witness was prepared to rebut that defense, they said.

“The main message we left his office with was that Socorro juries suck,” Jorge Hernandez said. “That he was considerin­g a plea deal but that he was still working hard preparing for trial.”

The Hernandeze­s say they never got another call from Berry about a plea deal.

“He just didn’t want to fight anymore,” Marie Hernandez said. “It was a cop-out. It was such a copout.”

Berry declined to comment, saying in an email that he did not want to jeopardize the sentencing with any outof-court response.

It was another brutal blow in the horrific experience of losing Alex, a brilliant young man accomplish­ed in chemistry, computers, philosophy, physics, psychology, filmmaking, activism, ethics and the environmen­t, dogs and dubstep and drum circles, the arts, the heart, the world.

He was just months away from graduating from the New Mexico Institute of Mining and Technology in Socorro when he was killed Jan. 9, 2016, by Otero, a former Tech student.

For two days, his parents were not told he was dead, because of confusion over who was supposed to notify them. They were then forbidden to view their son’s body at the state Office of the Medical Investigat­or because of a mix-up between him and another motor vehicle fatality whose face the horrified Hernandeze­s were told was “deformed” by the crash.

Another mix-up came when the Hernandeze­s were told their son had committed suicide, which he hadn’t.

Otero, meanwhile, kept changing his story. But three days after the crash, surveillan­ce video from a nearby auto shop prompted yet another version.

In the video, Alex is seen emerging from the front passenger’s side of Otero’s SUV parked on U.S. 60’s north shoulder. The two appear to exchange words. Otero drives off but makes a U-turn and heads back toward Alex, who walks and then runs to the edge of the highway, where he is struck from behind.

When confronted with the video, Otero admitted to police that he meant to hit Alex because he was mad at him for not getting out of the car so he could tend to his roommate’s dog.

Jorge Hernandez said over the holidays he pored over police reports and court documents to prepare a spreadshee­t of the case, finding that Otero had lied to authoritie­s 36 times. He had hoped his spreadshee­t would be of help to the prosecutor.

“It was a strong case, we thought,” he said. “But what has happened with how it was handled is insufficie­nt, it’s inadequate, it’s not enough.” And now, it’s all but over. He said he dreams of talking to Gov. Michelle Lujan Grisham about the discrepanc­y in penalties between first- and seconddegr­ee murder, about how the criminal justice system affords more rights for the defendant than for the victim, how a citizen has little recourse when the prosecutio­n fails, how Alex deserved better. How he deserved to live.

 ?? COURTESY OF JORGE AND MARIA HERNANDEZ ?? A colorful descanso featuring peace signs, angels and flowers marks the spot off U.S. 60 in Socorro where Alex Hernandez, a New Mexico Institute of Mining and Technology student, was struck and killed Jan. 9, 2016.
COURTESY OF JORGE AND MARIA HERNANDEZ A colorful descanso featuring peace signs, angels and flowers marks the spot off U.S. 60 in Socorro where Alex Hernandez, a New Mexico Institute of Mining and Technology student, was struck and killed Jan. 9, 2016.
 ??  ?? Joline Gutierrez Krueger
Joline Gutierrez Krueger
 ?? COURTESY OF JORGE AND MARIA HERNANDEZ ?? A descanso rises from a base of painted bricks shaped like a peace sign at the spot off U.S. 60 in Socorro where New Mexico Institute of Mining and Technology student Alex Hernandez was struck and killed early in 2016.
COURTESY OF JORGE AND MARIA HERNANDEZ A descanso rises from a base of painted bricks shaped like a peace sign at the spot off U.S. 60 in Socorro where New Mexico Institute of Mining and Technology student Alex Hernandez was struck and killed early in 2016.
 ??  ?? Alex Hernandez had just turned 26 when he was struck and killed by an SUV driven by Elijah Otero, who pleaded guilty this month to second-degree murder.
Alex Hernandez had just turned 26 when he was struck and killed by an SUV driven by Elijah Otero, who pleaded guilty this month to second-degree murder.
 ??  ?? Elijah Otero
Elijah Otero

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