Wendy's Robber Sentenced To 20 Years

Last updated Wednesday, October 22, 2008 3:29 PM CDT in News

By Robin Mero
THE MORNING NEWS

    Correction: This story previously reported incorrectly the last name of Jason Becker, the Rogers police officer who shot and apprehended Eddie Hernandez during a February robbery of the Wendy’s Old Fashioned Hamburgers.

    Eddie Hernandez was sentenced to 20 years in prison Monday for his part in the February robbery of Wendy's Old Fashioned Hamburgers in Rogers.

    Hernandez, now 18, pleaded guilty to adult charges of aggravated robbery, aggravated assault, kidnapping, fleeing on foot with serious physical injury, and criminal use of a prohibited weapon.

    He cannot seek parole for at least 14 years and will likely be deported to Mexico after release.

    "Eddie, you've been before this court for a long time on a number of different things. It's unfortunate I was unable to get you to conform your behavior to prevent you from harming people in the community," said Benton County Circuit Judge Jay Finch, the county's juvenile judge. "I can think of a hundred different ways in which someone could have died that night."

    Hernandez, age 17 at the time, was so intoxicated with alcohol, Xanax and marijuana that he blacked out several times as he and other friends tried unsuccessfully to rob the restaurant using a sawed-off shotgun, he said.

    He remembered talking to a school friend, John Schneider, about how to rob the restaurant where he used to work, he said. Schneider said he'd find more boys to help and told Hernandez to meet at his Rogers home on a Friday evening, Feb. 22. At the house, the six youths began drinking, smoking and taking pills, Hernandez said.

    Hernandez didn't remember arriving at Wendy's. He recalled seeing a woman in a car, hearing gunshots and running for an escape vehicle in a nearby parking lot. He didn't remember being shot in the arm by Rogers Police Officer Jason Becker but did recall getting to the car and noticing his wound. Everyone was screaming, he said. He woke in a strange house, applied alcohol and bandages to his elbow, and took more pills to ease the pain.

    His next memory was waking to see police.

    Deputy Prosecutor Bryan Sexton said the state could prove, through witness testimony and other evidence, that Hernandez used the shotgun to force a woman in the parking lot, Bonnie McKibben, to approach the drive-thru window with him, to try get into the restaurant. Becker also suffered a serious knee injury while chasing Hernandez, Sexton said.

    McKibben and Becker, along with the restaurant manager, attended Monday's hearing. Hernandez gave them a tearful apology. "I know I made a mistake. I can't go back to the past ... I didn't mean to hurt you mentally or physically."

    Six youths were arrested that night. Finch ruled that four, including Hernandez, can be charged as adults. The three other defendants, John Schneider, Aaron Isbell and Ricardo Salcido Jr., are appealing that ruling. Decisions aren't expected for several months, said Deputy Prosecutor Stephanie McLemore.

    Another boy, Evan Garvey, has agreed to testify against the others, and his case is pending in juvenile court.

    Eddie's brother, Jorge Hernandez, now 16, pleaded guilty in August to a juvenile charge of conspiracy to commit aggravated robbery. The younger brother remained in the vehicle in the parking lot during the robbery. He was sentenced to probation and intensive supervision. His defense attorney, Brad Karren, said he was deported in September.

    The boys' mother also faces deportation, attorneys said. She attended Monday's hearing, keeping her hand over her mouth and crying throughout. The judge's words were translated to her.

    Reader Comments (21 comment(s))


    The following comments are provided by readers and are the sole responsibility of their authors. The Morning News does not review comments before their publication, nor do we guarantee their accuracy. By publishing a comment here you agree to abide by our comment policy. If you see a comment that violates our policy, please notify the web editor.

    legal1 wrote on Oct 20, 2008 3:54 PM:

    " This was a serious crime committed in the heart of Rogers, AR at gunpoint by several young men. Stone should have handled this case himself, and I have never seen mention of him inany articles. What does he do? He has not tried one case to a jury since he has been elected. We need a real prosecutor! "

    django wrote on Oct 20, 2008 4:02 PM:

    " 14 years is far better than a slap.I guess the judge expects this illegal to somehow be rehabilitated while in the Gray Bar Hotel. "

    recross1 wrote on Oct 21, 2008 7:14 AM:

    " took the words right outta my mouth illegalsout,amd what do they mean"may be deported"He will be deported is the correct statement.
    WE,the American Public,are sick and tired of these Mexicans flooding into our societies and instead of fitting in and working like normaal people they committe every crime imaginable and take every service available thats free that is.They clog our hospitals,and courts,and workplaces.
    They have over taken the building industry by under bidding all the American contractors.Thier work is shabby and barely passes inspection and at times doesnt but a few dollars in the right hands .....never mind.
    We need a govt that will expell these people,PERIOD! "

    pdwife wrote on Oct 21, 2008 8:23 AM:

    " I believe the officer involved in this case was Jason Becker, not Jason Beeler. "

    lousaxon wrote on Oct 21, 2008 8:45 AM:

    " Illegal or not, this is a troubled youth. I don't think 14yrs in prison will provide hime with the rehabilitation needed. We all need to consider the root cause of this problem. Lack of education, jobs, housing and health care. We fix these problems and we have fixed the crime problem. "

    dragonfly wrote on Oct 21, 2008 9:20 AM:

    " lousaxon---- We can't fix stupid. It is not lack of education, jobs, housing or health care. These boys were living at home with parents. It was nothing more than stupidity on their part. Use of drugs, alcohol and weapons. STUPID, STUPID, STUPID..... They knew better. My 4 yr. old grandson knows the difference between right and wrong. So no one will ever convience me they did this because of lack of education, housing, health care or jobs. "

    Capo-Di-Tuti-Capi wrote on Oct 21, 2008 9:26 AM:

    " Amen Dragonfly... I was about to say the same thing.. Lack of Education? they were enrolled in School. Lack of Jobs, well this guy WORKED at Wendy's previously. Lack of Housing? He and all the others lived at home with their parents. Health care? If he was healthy enough to live to 17 years old living the lifestyle the Judge himself he was living (see article above), then he obviously had healthcare. So did the other alleged perpetrators. They were healthy enough to run from a Cop, and survive a gunshot wound.

    Most dissapointing is that my Tax Dollars will still support this one for the next 14 years.

    Anyone wanna make a bet that the next time we here about his Brother or Mother that are/were deported, that they are living in Pine Bluff or Little Rock Illegally? I give it a year... "

    Gramps wrote on Oct 21, 2008 9:33 AM:

    " Once again another illegal taking advantage of our hospitality and showing his total disdain for our society. Illegals need to take their drug taking, drunken and violent ways back to Mexico or whatever other Central American cesspool they come from. America and NWA does not need nor deserve their types destroying our society. "

    springdalereader wrote on Oct 21, 2008 10:09 AM:

    " I find it hard to read a comment suggesting that the cause of this problem is not the people that perpetrated the crime, but instead the fact that we don't provide enough education, housing, and health care for illegal aliens. I find that attitude disturbing. "

    scout65708 wrote on Oct 21, 2008 11:19 AM:

    " Lousaxon, go back for more Koolaid. He is a violent criminal. He did not get enough punishment.
    We have tried providing housing, schooling, and job programs before. It did not work. Look at the "Projects" in big cities. If you give something for nothing, it is not appreciated. "

    01FordGT wrote on Oct 21, 2008 4:59 PM:

    " As somebody associated with this case, you all need to realize something. You all are soooooo focused on the fact that Eddie and his brother were here illegally. At one point or another throughout the evening at least four of these young boys held the firearm. three of them were very legal citezens of the united states. One of these young men is the son of LAWYERS. It was this young man in my opinion that brought this scenario to existance. Through testimony we know it was his gun, his car, his party, his drugs and booze. If you want to bash somebody bash this boy, and for you mexican haters, you won't like this but the one I speak of is WHITE. Don't be soo jaded, there are as many white people who would commit this same crime. Sorry thats just my opinion, feel free to continue the hate. "

    Sick People wrote on Oct 21, 2008 6:52 PM:

    " 01FordGT where did you find all these fabrecated facts of yours ?????
    it is well known to all that this crime would have never been put forth it it wasnt for the illegall's nice try to change the facts in your favor "

    smileyguy wrote on Oct 21, 2008 9:15 PM:

    " as someone who is also associated with the case in question, we should not be pointing fingers at any one individual. every one of those boys were aware of what was going on. it does not matter of what ethnic background or whether they are here legally or illegally or whom their parents are. These boys made the wrong decision and are learning the hard way of what can happen. i will not agree or disagree on what charges they need to face or who needs to be the judge what i do have to say is that this is a decision that will haunt each and every one of these boys for the rest of there lives. "

    Deacon wrote on Oct 22, 2008 12:21 AM:

    " Smileyguy
    By all means, I hope this does " haunt them for the rest of their lives ". It was their decision to do what they did.
    "maybe" the haunting will prevent any future antics .
    But what about the victim ?
    She will also be " Haunted for the rest of her life " BUT by no choice of her own . "

    01FordGT wrote on Oct 22, 2008 6:19 AM:

    " to sick people...... Did you get your information first hand or is all you know about this event through media sources? My information is first hand AND has been testified to! I'll let you submit some proof that you know anything first hand or are you just another Monday morning quarterback. "

    Gramps wrote on Oct 22, 2008 7:14 AM:

    " 01FordGT, you missed one valuable point in your "opinion" of this case while trying to throw the blame onto the "White" boy, and it is the most important point also. "He remembered talking to a school friend, John Schneider, about how to rob the restaurant where he used to work, he said." This is Hernandez own words. He was the mastermind and instigator of this crime. So I think you better go back since you are associated with this case and reread the court papers. And, you may want to recheck your facts as the crime rate for Hispanics are extremely higher than those for Whites. "

    smileyguy wrote on Oct 22, 2008 9:31 AM:

    " i am aware of this case first hand and have heard the cases facts. people are pointing fingers at one boy when it was all four of them that participated in the happenings that night. all of those boys were in an altered state and made an altered decision. i do not think that you can point fingers on this one boy based on the fact that it was his gun and his car. it was more than likefully the fact that he was the only one with a car and a gun that was not truly his but his grandfathers. we have all been teenagers and made stupid decisions before although those decision may have not ended us up in the back seat of a police car and sitting in a county jail for sixty days but we have all been there. as a parent myself you must stand behind your children for the good and the bad and this is exactly what is going on in the other cases these parents are fighting for their childrens lives regardless of what was done and this is something any parent would do. Most of the other boys are first time offenders who are trying now to better themselves by completing their education and getting jobs only to have the fact that they are looking at twenty years in prison in the backs of their minds. i do think that the fact they are first time offenders should count for something. "

    flamingo79 wrote on Oct 22, 2008 1:06 PM:

    " "Eddie, you've been before this court for a long time on a number of different things" says the Judge. Excuse me - but if this person has been before this court on a number of different things - why in the world wasn't he deported the FIRST time he came before the court? Also - obviously it was known the mother was here illegally - why then was she not deported the FIRST time her kids got in trouble? Regardless of those of you who scold others about focusing on his immigration status - he is here illegally, he has been in trouble and appeared before the Court numerous times in the past, his brother who was also here illegally helped commit this crime, and his other family members are here illegally. Of course, we're going to focus on his immigration status. If he wasn't here, he could not have committed this crime. Period. "

    adabell wrote on Oct 23, 2008 2:55 AM:

    " He and his family should have been deported after his first offense. Why should we put up with this, let Mexico put up with it.

    By not deporting them with the first offense, the tax payer has contiuned to pay for his education and cost of his continued offenses, court cost, police, etc. "

    sqirt wrote on Oct 24, 2008 10:26 AM:

    " waaaaa yall talk like ya mean what ya say, but that's all yall do. if ya had baloons as big as your mouths ya would be placing banners are your cars and trucks telling the world what ya think. but no ya hide behind aliases and sqeal like banshees. if yall dislike like illegals as much as ya say then stand up and be public about it. and ya can thank the benton county schools for putting an add out for interpeters at $10 an hour so the non english speaking people can get an education. taking the education that taxes are paid to better our own kids. "

    sqirt wrote on Oct 24, 2008 10:29 AM:

    " the deal about interpeters in the bentville and rogers schools was on the knwa news this morning. and the other boys need to get 20 years for their part to. "


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