CBS4 Exclusive: Fake Rideshare Driver, Fernando Hernandez, Charged With Raping Woman After Picking Her Up At Airport
MIRAMAR (CBSMiami) – A South Florida man is charged with sexual battery after police said he posed as an Uber driver and raped a woman after picking her up from Miami International Airport.
"She was approached at the airport by this individual who claimed to be a taxi driver, an Uber driver, who would assist her in taking her to her destination," said Miramar Police spokeswoman Tania Rues.
Fernando Avila Hernandez, 28, is accused of raping the 28-year-old woman while driving her to a hotel in Miramar on March 29, states the arrest affidavit.
The affidavit states the woman flew into town from Salt Lake City the day before she had an appointment with U.S. Immigration and Customs Enforcement officials at their office in Miramar.
The affidavit states while looking for a taxi at the airport, she was approached by Hernandez who claimed to be an Uber driver.
The woman, who doesn't speak English, asked him in Spanish, "How much he would charge to take her to Miramar?" She didn't know how to find the address to her hotel near Miramar so she showed him her immigration documents so he would know the address.
She then got into the back of his SUV and asked if he could drive her to an inexpensive hotel near the immigration office.
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The affidavit states while driving, Hernandez asked her to move to the front seat so she could help with directions. She told police she didn't think anything was wrong with that because in Colombia where she is from, Uber is not officially allowed to operate, so they sit their passengers in the front, so they don't alert authorities.
During the ride, the victim said he started complimenting her, saying she is very pretty, and offered to take her to his house, states the report. She said "No" and asked to be taken to the hotel. She also told police she asked him if he rents rooms at his house. He said there is only one bed, and she would have to sleep with him. She said, "No, take me to the hotel."
The report states as they were arriving at the hotel, he asked to be paid. She was going to pay with a credit card, but he said he only takes cash and told her she could pay in another way and kept driving past the hotel, never stopping to drop her off. He then offered to pay her $500 for sex. "She was very adamant that she was not a prostitute, she deserved respect, absolutely not just to take her to her hotel," Rues said.
He said she needed money and she didn't have enough to pay for the ride, which he claimed was $300.
Finally, the affidavit states, he stopped driving near a restaurant in a plaza located at the 3400 block of Red Road and told her to get in the back because he was looking for something.
She did and he drove behind the restaurant, parked his SUV, and got in the back seat.
While telling her he had a wife and two kids, he started trying to kiss her while she said "No," according to the report.
She told police she tried to get out of the vehicle, but the doors were locked. She stated she feared he would harm her or get violent, and said he was a "big man."
Despite her protests, he's accused of raping her in the backseat.
"Let's be clear, the victim did not want this to happen. She told the suspect, the arrestee, on numerous occasions, no, take me to my hotel, take me to my hotel," Rues said.
The woman also told police she feared she would get pregnant by a stranger and asked him to buy her pregnancy prevention pills. He reportedly told her he was going to give her $500 to buy the pills and pay for a hotel. He then drove her to the WoodSpring Suites hotel, dropped her off and left. That is where she called police.
Investigators say surveillance video from multiple locations including the airport, the restaurant plaza and the hotel all show the suspect and victim in the SUV.
Investigators also say Hernandez has previously been arrested for an unrelated investigation and is on a list of solicitors who trespass at the airport posing as an Uber or taxi driver.
Greg Chin with Miami International Airport says along with signage telling passengers not to accept rides from drivers who approach them, the airport works with law enforcement to crack down on the practice.
"We are doing stings on a regular basis to catch people like this, who are posing as a rideshare driver or they are soliciting a ride, but they haven't been called through the app," Chin says. "Those drivers are facing arrest, severe fines, and also having their cars impounded."
Hernandez is being held without bond on two counts of sexual battery and a $10,000 bond on one count of simple battery.
CBS4 reached out to Uber to see if Hernandez was currently a driver with them or had been one in the past. A spokesperson said he was a driver with them, but on the day of the alleged incident, he was not logged on to the Uber app. They went on to say he had not been on the app since last year.
Airport officials warn if you did not specifically use your app to request a ride do not get in the car with anyone.
Xena Alfaro just arrived at MIA. She said she's always very cautious when using rideshare services.
"I'll ask them who are you waiting for and they give the response I want, like my name, then I'm like, 'okay!' and I'll usually talk on the phone with someone when I'm the car that way if something happens i have someone already on line for me," she said.