Eight months have passed since a Sweetwater police officer forcefully brought down 61-year-old Vivian Hernández, during a widely circulated arrest captured on video. Now, the Cuban woman is gearing up to face a trial she believes should never have been initiated. Despite being offered a plea deal by the prosecutors that would have kept her out of jail, Hernández turned it down.
A resident of the Li’l Abner mobile home park, Hernández claims she was the victim of a “wrongful arrest” and excessive force by the officer. The incident took place last December at the administrative offices of the complex amidst tensions over an eviction order affecting the entire community. As authorities began demolishing some homes, residents protested in response.
Charges and Defense Stance
Hernández is confronting three misdemeanor charges: resisting arrest without violence, disorderly conduct, and trespassing after warning. “I think it’s only fair because the three charges against me are, in my opinion, meant to justify an improper arrest,” she stated to local media, emphasizing she acted peacefully throughout the incident.
“At no point did I cause a public disturbance… I explained in the most decent and best way why they shouldn’t be demolishing the first property as they were,” she added. Her lawyer, David Winker, supports her decision: “She simply doesn’t feel comfortable pleading guilty to this… she believes she did nothing wrong. She feels it’s worth fighting for.”
The Controversial Video
The arrest was documented in a video showing an officer grabbing Hernández and throwing her to the ground as she shouted in Spanish, “I’m not doing anything. You’re using force just for fun.” The scene, widely shared on social media and local news outlets, became a symbol of the eviction disputes in Sweetwater. The police argue that Hernández refused to comply with orders, necessitating the use of force.
Hernández, however, maintains the violence was unnecessary and that she was merely trying to pay her rent when she was apprehended. Beyond the criminal proceedings, she is part of a class-action lawsuit filed by about 200 tenants from the park, who remain in their homes despite the onset of demolitions. “We want our protest to be heard… to be given a fair valuation of our homes and to be treated with the respect we deserve,” she asserted.
Hernández’s case has become a rallying point for other residents alleging undue pressure and disrespect during the eviction process. The legal battle over the land’s redevelopment remains unresolved, and its outcome could set a precedent for the community. The trial was initially set to begin with jury selection this Monday, but the proceedings were postponed indefinitely. If found guilty, Hernández could face up to a year in prison for each charge, totaling more than two and a half years behind bars. Meanwhile, she continues to reside in Li’l Abner as she awaits a new court date.
Key Questions About the Sweetwater Eviction Case
What charges is Vivian Hernández facing?
Vivian Hernández is facing three misdemeanor charges: resisting arrest without violence, disorderly conduct, and trespassing after warning.
Why did Hernández reject the plea deal?
Hernández rejected the plea deal because she believes she did nothing wrong and feels it is important to fight the charges, which she sees as unjust.
What is the significance of the video recording of the arrest?
The video recording of the arrest has become a symbol of the broader eviction disputes in Sweetwater, showing the force used by the police and drawing public attention to the residents' plight.
What could happen if Hernández is found guilty?
If found guilty, Hernández could face up to a year in prison for each charge, totaling more than two and a half years behind bars.