A Morgan Hill man accused of trying to kill his girlfriend’s
father pleaded not guilty to attempted murder, and his bail was set
at $3 million.
A Morgan Hill man accused of trying to kill his girlfriend’s father pleaded not guilty to attempted murder, and his bail was set at $3 million.
Anthony Hernandez, 23, remained in custody following Tuesday’s hearing at South County Courthouse. Prior to the hearing, Hernandez was in jail with no bail, meaning he would not have been released until cleared of the charge.
Hernandez stabbed Matthew Benoit, 36, seven times in the back with a pocket knife April 29, following a brief exchange of unfriendly words between the two outside the Villa Teresa apartment complex on Berry Court, according to police and witnesses.
Moments after the stabbing, while Benoit lay on the ground in a grassy court area, Hernandez went to his car and retrieved a hand gun which he pointed at Benoit while threatening to kill him, police said. He did not shoot Benoit or anyone else, but he also pointed the gun at the victim’s 14-year-old son.
Hernandez lived in an apartment at Villa Teresa with his 18-year-old girlfriend. He and Benoit knew each other prior to the stabbing, and he told police that he didn’t think Benoit approved of him and his daughter dating.
Hernandez’ attorney argued Tuesday that the defendant is not a flight risk and is not a danger to the community. Attorney Ingo Brauer said the stabbing is an “unfortunate incident.”
Hernandez served “honorably” in the U.S. Marines, and was deployed to serve in Iraq for two tours, Brauer said. While overseas, Hernandez helped evacuate injured soldiers off the battlefield, among other duties.
He offered to treat Benoit’s wounds after he stabbed him, Brauer said.
“Mr. Hernandez acted in accordance with his military training,” he said, adding that the defendant is remorseful for causing Benoit’s injuries.
Hernandez said in a statement to Morgan Hill police that he acted in self-defense, as he thought Benoit came to the residence to “cause trouble.”
However, Benoit said the attack – after he went to the apartment to visit his daughter – was unprovoked.
Prosecuting the case for the Santa Clara County Office of the District Attorney, Deputy D.A. Vishal Bathija argued Tuesday that Hernandez is a threat to the public, as he has difficulty managing his anger.
“This was a violent, unprovoked attempt to take a life,” Bathija said. He argued in favor of keeping Hernandez in custody without bail, and said the court should consider the “very serious injuries” inflicted on the victim by Hernandez’ use of a “deadly weapon.”
One of Benoit’s stab wounds cut a major artery, police said, and he was transported to San Jose Regional Hospital shortly after police arrived at the crime scene about 9:40 p.m. He stayed in the hospital for about three days.
Benoit’s parents testified Tuesday that their family has felt intimidated by Hernandez’ father since the April 29 incident. Pam Benoit, the victim’s mother, said the defendant’s father made belligerent gestures toward their grandson – the 14-year-old boy at whom police said Hernandez pointed his gun – at a recent graduation ceremony. She also said Hernandez’ father took pictures of the teen “just to intimidate him.”
Testifying on Hernandez’ behalf Tuesday was Capt. Terry Uyeda, a colleague of his in the Marines. Uyeda said Hernandez “will be a Marine forever,” and he was there to show his support.
Also speaking on Hernandez’ behalf was Jake Ferguson, a former law enforcement officer in San Jose. Having known Hernandez for about 18 months, he said the defendant is “a man of his word.”
Superior Court Judge Ronald Toff said Hernandez’ release poses a “risk” to the safety of other people, citing the stabbing of Benoit and a previous domestic violence incident. He did not offer any details of the domestic violence incident.
However, he said there is not enough evidence to keep him detained without bail.
“I’m not convinced there is clear evidence that his release would necessarily result in great bodily harm (to someone else),” Toff said.
If Hernandez makes the $3-million bail, he will be supervised by the probation department, and will be subject to a protective order keeping him from contacting Benoit or his family members, among other restrictions.
If convicted of the attempted murder charge, Hernandez faces a maximum sentence of life in prison.
