Retired NYPD officer indicted for killing man in drunk driving crash
NEW YORK CITY -- A retired New York City police officer was indicted Thursday for driving while intoxicated in the Bronx and causing an accident that killed 34-year-old pedestrian Marino Nunez, according to the Bronx District Attorney's office.
Jorge Hernaiz, 44, of Yonkers, New York, pleaded not guilty in court today to a range of charges stemming from the crash, including aggravated vehicular homicide.
According to the complaint, the police officer who responded to the scene in the Riverdale section of the Bronx at around 3 a.m. on May 31 said he found Hernaiz standing near the site of the crash as the man he hit lay on the ground bleeding from the head, with a portion of his brain exposed.
Hernaiz smelled of alcohol and had blood-shot, watery eyes, according to the complaint. At one point the officer "even fell over spontaneously," the complaint said.
On the floor in the back of the car, the responding officer claims he saw a pint-sized bottle of Sveda vodka with just an ounce left inside.
According to the complaint, Hernaiz told the officer: "I drank a bottle of Vodka in my car and went to shoot pool at the billiards. While there, I went outside to a bodega and bought a can of Colt 45, which I drank." According to the Bronx District Attorney's Office, witnesses called 911 after they "allegedly saw him trying to pull his victim's motionless body from beneath his car."
Hernaiz consented to a blood alcohol test, the complaint says.
Marino Nunez, 34, a father of two, died from his injuries days after the crash.
Both he and Hernaiz were transported to the hospital after the accident. Once in an ambulance to be examined for what police believed were signs of a panic attack, it took approximately six officers to restrain the 250-pound, 6-foot suspect, who refused to place his hands behind his back and fought off officers while threatening them, according to court documents and a statement from the DA.
Hernaiz had been an officer in the Bronx's 43rd Precinct for 14 years, and retired in 2008.
Bail has been increased to $350,000 and the case was adjourned until Jan. 26, 2016. Hernaiz had previously posted a lower bail offered during his indictment on June 1, according to the DA.
If convicted on the top counts, Hernaiz faces up to 25 years in prison.