People v. Hernandez CA5

INTRODUCTION

In 2015, Bakersfield Police Officer David Nelson attempted to conduct a traffic stop on a silver Hyundai. The vehicle’s driver did not stop and evaded Nelson during a lengthy high-speed pursuit. As the pursuit continued, Nelson performed a turn to follow the vehicle, and his patrol car went into a skid and crashed into a wall. Nelson died of blunt injuries to his chest. The driver of the Hyundai was not immediately apprehended. Several hours after the pursuit, officers received a tip that led them to appellant and defendant Julian Carlos Hernandez (defendant), who admitted he was driving the silver Hyundai and knew he was being pursued by a police officer. Defendant was charged with second degree murder and recklessly evading an officer causing death. He did not testify at his jury trial, but defense counsel cross- examined the witnesses and established that no one saw the person or persons who were inside the vehicle during the actual pursuit. The jury was instructed on aiding and abetting, the natural and probable consequences doctrine, and target and nontarget offenses; it was not instructed on direct aiding and abetting or felony murder. The prosecution relied on…