With a cane in one hand and the other in a cast, Vivian Hernández stepped into a Miami-Dade criminal court on Monday for a new pre-trial hearing. Charged with trespassing, disorderly conduct, and resisting arrest, this Cuban woman is not only facing legal challenges but also emotional exhaustion from feeling re-victimized by a system she claims has failed to protect her.
"I feel frustrated, I feel tired, and I am worried about what justice means in this country," Hernández told Univision in an interview. "I'm realizing that justice here is a privilege for the rich and a problem for poor and low-income individuals like me," she added.
Video Captures Controversial Arrest
Vivian Hernández's case gained public attention after a video surfaced showing her violent arrest at the Li'l Abner mobile home park office in Sweetwater. The incident unfolded when Hernández attempted to pay her rent despite an eviction order. The situation escalated quickly when a police officer confronted her, allegedly using excessive force as witnesses and Hernández herself claim.
The arrest has left both physical and emotional scars. Hernández has required medical assistance, and the cast and cane she uses are stark reminders of what she describes as police brutality.
Background: Evictions and Community Resistance
Vivian Hernández isn't the only resident of the Li'l Abner park facing tensions with authorities and the new landowners. She and other neighbors have filed a civil lawsuit against the park's owners, accusing them of systematic eviction strategies and harassment.
"That officer treated her however he wanted, like she was a thief or doing something wrong," stated María Victoria Fajardo, another park resident who has spoken out against the treatment of vulnerable tenants. Miguel Herrera, also a resident, added, "The level of corruption is present at all levels, and they're working on a strategy to flip the narrative, making the victim the perpetrator and vice versa."
Legal Battles and Jail Time Risk
Besides facing criminal charges, Hernández has filed a lawsuit against the city of Sweetwater, alleging excessive force by the arresting officer. This police brutality case is ongoing, but the prospect of Hernández ending up in jail concerns her supporters.
If found guilty, Vivian Hernández could face over a year in prison, alarming activists and park residents. A crucial hearing is scheduled for next Monday, which will significantly impact the direction of this complex and controversial case.
Eight months after a Sweetwater police officer forcibly took down 61-year-old Vivian Hernández during an arrest caught on video, she is preparing for a trial she believes should never have happened. Despite being offered a plea deal by the prosecution to avoid jail time, she rejected it.
The mobile home park resident argues she was the victim of an "improper arrest" and excessive force by the officer. The incident occurred last December in the administrative offices amid tensions over a community-wide eviction order. At that time, authorities began demolishing some homes, sparking resident protests.
The Charges and Defense Stance
Hernández faces three misdemeanor charges: resisting arrest without violence, disorderly conduct, and trespassing after warning.
"I believe it's only fair because the charges against me are just to justify an improper arrest," she told local press, asserting she acted peacefully. "I didn't cause any public disturbance... I explained in the most decent way why they shouldn't demolish the first property as they were doing," she added.
Her attorney, David Winker, supports her decision: "She simply doesn't feel comfortable pleading guilty to this... she believes she did nothing wrong. It's something worth fighting for."
The Controversial Video
The arrest was captured on video, showing an officer grabbing Hernández and throwing her to the ground as she screamed in Spanish. "I'm not doing anything. You're using force on me just for fun." The scene, widely shared on social media and local news, became a symbol of the eviction dispute in Sweetwater.
The police claim Hernández refused to comply with orders, necessitating the use of force. She maintains that the violence was unnecessary and she was merely trying to pay her rent when arrested.
Beyond the criminal proceedings, Hernández is part of a class-action lawsuit filed by about 200 park tenants, who remain in their homes despite the demolitions starting. "We want our protest to be heard... for our homes to be valued at a fair price and to be treated with the respect we deserve," she stated.
Hernández's case has become a reference point for other residents who accuse authorities of undue pressure and disrespect during the eviction process. The legal battle over the land's redevelopment remains open, and its outcome could set a precedent for the community.
Key Questions About Vivian Hernández's Case
What charges is Vivian Hernández facing?
Vivian Hernández is facing charges of trespassing, disorderly conduct, and resisting arrest without violence.
Why did Vivian Hernández reject the plea deal?
Vivian Hernández rejected the plea deal because she believes she did nothing wrong and feels it's a matter worth fighting for.
What impact has the arrest had on Vivian Hernández?
The arrest has had both physical and emotional impacts on Vivian Hernández, requiring medical assistance and leaving her with a cast and cane.