Six Years After Abuse, Police May Try To File Murder Charges

December 4, 2009 by BjTch  

Mundelein, IL – On October 12, 2009 five year old Brian Hernandez died of appendicitis. Considering how painful and easily treatable appendicitis is, I ask myself, how could a child die of it? Oh, yeah, yet another case of crappy parents. Six years ago on December 7, little 2 month old Brian Hernandez’s parents took him to the ER with a 106 degree temperature, a fractured skull, fluid on the brain, a broken leg, and rib fractures. The hospital staff called the police because they suspected the baby had been violently shaken and physically abused. Brian’s father, Martin Hernandez, was arrested. He plead guilty to attempted aggravated battery of a child and spent 18 months in jail. I am not clear on how actually breaking bones and causing brain damage is “attempted” battery or how causing these types of injuries on an infant only deserves 18 months in jail. You can get a longer sentence for dealing drugs. I guess drugs are more valuable the well-being of a child in the court’s eyes. Hernandez was released and deported to Mexico upon completion of his sentence.

During the investigation, Hernandez told the police he was frustrated with life and couldn’t take the pressure so he took it out on the infant. I feel for Hernandez. I mean, infants can be frustrating, I have one of my own. But rather than twist his legs or punch him in the chest when he won’t stop crying for no apparent reason in the middle of the night, I simply try to calm him. If I start to get annoyed I put him in a safe place, like the crib, and go outside for a smoke, returning 7 minutes later. Then I try to soothe him again. Or I wake up his father to take over.

Hell, even if you are a crappy parent, infants can’t even move – put them in the crib, shut the door, anything but beat them. Miraculously, little Brian survived, although unable to develop normally. He was never able to walk or talk, even at almost 6 years old, due to the injuries and abuse he suffered. Because of his inability to communicate, Brian was unable to express his pain to his family when he had appendicitis. So he ended up dead after living a short, paralyzed life.

Now police are facing a difficult question – can they extradite and charge Hernandez with his son’s death nearly 6 years after the abuse. Brian couldn’t communicate his illness BECAUSE of the abuse. This poor child likely died in excruciating pain. I think any jury would convict the son of a bitch, but good luck finding him in Mexico. Brian’s mother divorced his father after the incident and is now 6 months pregnant. That bitch should have been charged too and has no business having any more kids. Perhaps the police should consider charging her now that her son has died from abuse she watched and did nothing about.

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