Dallas hospital shooter Nestor Hernandez was freed in just 100 days after SECOND parole violation
DALLAS, TEXAS: Nestor Oswaldo Hernandez, the gunman who shot two nurses to death at the Dallas Methodist Hospital on Saturday, October 22, ripped off his ankle monitor earlier this year, breaking his parole terms for a second time. However, the state parole board ordered his release after only 100 days in detention, law enforcement officials confirmed to WFAA on Tuesday.
Hernandez, 30, was detained for two parole violations in March and June of this year. He was still on parole when he shot and killed a caseworker and nurse on Saturday, according to authorities. Jacqueline Ama Pokuaa, 45, and Katie Annette Flowers, 63, were shot and killed in the hospital's labor and delivery section.
According to authorities, the assault came to an end when a Methodist police officer shot Hernandez in the leg. He has since been charged with capital murder. As of Tuesday, it wasn't apparent if he had a lawyer.
Hernandez broke his parole terms in June by ripping off his ankle monitor, Dallas police revealed on Tuesday. According to a city spokesperson, he was then taken into custody by Carrollton police on June 17 after patrol officers at an apartment complex recognized him as a wanted criminal. He "intentionally struck the patrol vehicle with his head" after they had him in custody, leaving a small dent, the spokesperson added.
As reported by The Dallas Morning News, the parole panel decided on June 28 to re-incarcerate him due to the violation, according to the Texas Board of Pardons and Paroles. He spent 100 days in total in the county jail and a rehab center run by the Texas Department of Criminal Justice for those at risk of revoking probation or parole. According to a statement from the board, he was discharged with the condition that he continue to wear an ankle monitor.
According to lawyer Andy Chatham, who is not engaged in the case, the parole board could not prosecute Hernandez with another crime for disconnecting his ankle monitor. Chatham, a former Dallas County state district judge, also said the board could only order Hernandez to complete the final two years of his first eight-year sentence.
The eight-year sentence was the result of a plea deal struck between the state and Hernandez's lawyer, "and there's nothing the parole board or the presiding judge could have done to increase the length of that eight-year sentence," Chatham said.
As per The Dallas Morning News, Hernandez was convicted of aggravated robbery in 2015 and sentenced to eight years in prison. The state parole board has reported that Hernandez was first denied release following a review in January 2019. On October 20, 2021, he was granted parole after serving 80% of his sentence.
Since the shooting on Saturday, authorities, including Dallas police Chief Eddie Garcia, have harshly condemned Hernandez's parole conditions. According to the Texas Department of Criminal Justice, Hernandez received authorization to be there because his girlfriend gave birth to their child. He was on parole and had an active ankle monitor when he came to the hospital.