Illegal Alien Is Accused Of DWI, Killing Boy...

Suspect missed court date


He is accused of DWI, killing boy






Thomasi McDonald, Staff Writer



SMITHFIELD, NC - A drunken-driving suspect charged Thursday with second-degree murder after a 7-year-old boy was struck and killed had been wanted by police since December for failing to show up in court to answer a previous drunken-driving charge, according to prosecutors.

Hipolito Camora Hernandez, 30, of Parkertown Road in Four Oaks is now in the Johnston County jail on a host of charges related to the death of Marcus Lassiter, who was struck near Four Oaks on Sunday and died at Duke Hospital the next night.

An order for Hernandez's arrest was issued in December when he failed to show up for court, but he eluded arrest until this week.

Authorities say Hernandez is in the country illegally. On Wednesday, U.S. Immigration and Customs Enforcement placed a detainer on him, meaning that if convicted, he will likely face deportation after he completes his sentence, said Tom O'Connell, resident agent in charge of the agency's local office.

Hernandez has been charged with drunken driving at least four times before but has never been convicted, according to court records. The December court date he missed stems from a pending drunken-driving charge from March 2007.

Two other DWI cases -- in 2004 and 2005 -- were dismissed. On Thursday, a Johnston County prosecutor said the state was unable to try the cases because prosecuting witnesses did not show up for court.

"The law officers in both cases were out of place," said Paul Jackson, a Johnston County assistant district attorney.

Johnston County court records indicate that just before midnight on Aug. 4, 2004, a Four Oaks police officer stopped Hernandez on U.S. 301 South and charged him with driving while impaired and driving left of center. His blood alcohol content at the time of his arrest was 0.22, more than twice the legal limit of 0.08, the traffic citation shows. On Jan. 7, 2005, the charges were dismissed because the investigating officer was not in court.

Six months later, on the night of Feb. 6, 2005, a Smithfield patrol officer charged Hernandez with speeding and driving while impaired. Hernandez again had a blood alcohol content of 0.22, court records show. The charges were dismissed nine months later when the police officer failed to show for court, records show.

In a 2006 DWI case, Hernandez was convicted of reckless driving to endanger, for which he paid a $25 interpreter's fee and $210 in court costs and fines, court records show.

Jackson said he was not sure why Hernandez was allowed to plead to a lesser offense for the 2006 DWI charge. But, Jackson said, speaking in general terms, allowing a defendant to plead to a lesser charge suggests prosecutors could not prove the case beyond a reasonable doubt.

In 2006, Johnston County had the lowest conviction rate for drunken-driving cases among Triangle counties; prosecutors dismissed 45 percent of all impaired-driving charges in Johnston that year, compared with 14 percent dismissed statewide, according to an analysis of data from the state Administrative Office of the Courts.

Jackson said he does not think the statistics tell the entire story of how DWI cases are tried in the county. He pointed to a variety of factors that could lead to a dismissal of DWI charges, including absent witnesses and a judge's denial of a prosecutor's request to delay a case before it goes to trial.

"If I can emphasize, DWI cases are the highest priority in District Court," Jackson said. "It's important because drunk drivers pose an obvious danger to everyone in the community. We are committed to prosecuting those cases."

This week, the Highway Patrol originally charged Hernandez with felony hit and run, felony assault, DWI, possession of a stolen vehicle, driving without a license, speeding and reckless driving.

Marcus was standing on the side of the road when a car went out of control on a curve, ran onto the shoulder and struck him, a witness told investigators. The car was going 70 mph, or 25 mph above the speed limit, the patrol said.





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