[WARNING: GRAPHIC] Photo Emerges of Dying Martin Hernandez Moments After Anaheim PD Shot Him

Martin Hernandez.png
Martin Angel Hernandez
WARNING: The photo below is graphic and not for the faint of heart

A week has passed since the Orange County District Attorney's office cleared Anaheim police officer Dan Hurtado in the killing of 21 year-old Martin Angel Hernandez on March 6, 2012.

Since that time, the Weekly has exclusively obtained a photo from a source requesting anonymity that graphically depicts his dying body laying in the alley of an apartment complex on East Wakefield Street in the city.

Taken from an elevated vantage point at an unspecified time after the shooting, it shows Hernandez positioned with his legs crossed, bleeding profusely from the head with what appears to be the shotgun in question resting west of his body, as the DA's report indicated. The blood is crimson red--fresh--and pooling at his feet. But the photo also shows no blue Dumpsters in sight, which contradicts Hurtado's statement that Hernandez was approaching a Dumpster when the police officer fired.

It's the first image to emerge from the night that gives any clue as to what really happened. DA and Anaheim PD investigators have so far refused to release any video surveillance of that night, going so far as to deny its existence even though cameras are rife through the neighborhood where Hernandez was killed.

The grim picture emerges at a time when a civil lawsuit is being prepared by attorney Humberto Guizar on behalf of the family. A claim has already been filed against the city of Anaheim.

No witnesses were cited by the OCDA that corroborated Hurtado's statement that, at the critical moment, Hernandez "started to raise the shotgun" so that barrel was pointed toward the officer. A person described as Witness #2 was said to have taken cell phone footage afterward at an unspecified time showing him down on the pavement, bleeding with a shotgun to his right. As of this writing, the video has not been made public.

hernandez_alley.jpg
A grim scene from the Other Anaheim...

Though the investigation into the question of criminal culpability in the officer-involved shooting is officially closed, Guizar still has many open-ended questions. At this time, he doesn't know if the same witnesses he has spoken to are part of the nearly sixty interviewed by the OCDA for their report. "I'll soon find out, eventually, after the lawsuit's filed," he adds.

The attorney takes strongest issue with the lack of information surrounding Hernandez's physical and medical condition after the shooting.

 "The most significant fact that I find missing is the description of the autopsy report that would show the trajectory of the bullet when the officer fired the rifle," Guizar says. "It's very important for the public to know." The OCDA's investigative letter solely states that Hernandez's death was caused by an "avulsion of the brain due to a through-and-through gunshot wound to the head."

Instead of key information regarding the point of entry, quotes from the autopsy report make mention of the tattoos on Hernandez's body.

"There's a lot more to the shooting than what the District Attorney has stated in the report," Guizar says. "There's no doubt in my mind."

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58 comments
sexymendez2012
sexymendez2012

ALL U MATHAFUKERZ WATCH UR MOUTH WHEN U COMMENT ON MY BEAUTiFUL NATiONALiTY ORiGHT!! GET RiGHT BiTCHES iTZ MEXiCAN, HiSPANiC, LATiNO, CHiCANO!! LEARN UR GRAMMERS MATHAFAKAS!!! ALRATOS =P

rhondakelly07
rhondakelly07

This is what illegal aliiens do to Americia Califonia has no money eather  they come to live on the system or steal everything you have or steal real americians jobs  now real americians are not working they are  go to AFRICIAN DANCES FOR EPT CARD  and half of eligals are africian

kylesmith
kylesmith

@rhondakelly07 did you even go to school? Wow I don't think anybody would hire you judging by your grammar. Go finish school so another "educated" illegal doesn't have better changes of getting hired than yourself.

ridiculousness
ridiculousness like.author.displayName 1 Like

This is the USA. Not Afghanistan. This isn't how our justice system works. I'm sure you're all just online racists and proud of it, but for the sake of the NATION you should be appalled at the fact that the police think that they are all three branches of government and feel free killing people a they feel like it.

At some points, the chickens will come home to root. You can laugh it up now calling people beaners and n words, but eventually, your own racist, disgusting cops will turn on you.

actor345
actor345 like.author.displayName like.author.displayName 2 Like

fuck this guy and anyone related to him. he killed 2 girls and got away with it.

rhondakelly07
rhondakelly07

@actor345 He murdered two girls  he is not the victim it is not racist your race card doesnt work anymore  its like crying wolf  what about there familyies  and we are sick of you calling us racist most whites are not racist does the color of your skin make you racist  people like that that calls litinoes racist or africians a racist or whites a racist  skin doesnt make you races  he murdered two girls  and is in hell  his parents just let him roam the streets

URAidiot
URAidiot like.author.displayName 1 Like

Another idiot low life scum bag! 

grvz5247
grvz5247 like.author.displayName 1 Like

If this would have been a white guy and a member of the NRA then the NRA would be screaming murder and the cop would have been put in prison but since it was a minority they let it go. This was a racial murder!

Luvmypups
Luvmypups like.author.displayName like.author.displayName 2 Like

@grvz5247 You idiot! The gang banger was shot by a Mexican cop....how is that racial?

actor345
actor345

@Luvmypups easy..the mexican cop was racist to this spic..fucking moron and stop posting your school shooting rants..its disturbing

hallucinogen
hallucinogen like.author.displayName like.author.displayName like.author.displayName like.author.displayName 4 Like

Live by the sword, die by the sword. Support gang injunctions! Rest in peace, society wished you had chosen a better path.

johnjohn138
johnjohn138 like.author.displayName like.author.displayName like.author.displayName like.author.displayName like.author.displayName 5 Like

I'm glad he's dead! White, black, hispanic or asian it doesn't matter, a criminal is a criminal. Good riddance!!! 

Nick Digger
Nick Digger like.author.displayName like.author.displayName like.author.displayName 3 Like

The cop that had to shoot this beaner needs a bonus & paid vacation!!!

kgriffeymariners24
kgriffeymariners24 like.author.displayName like.author.displayName like.author.displayName 3 Like

That beaner got what he deserved! Obviously if you are hanging out at night in an alley with a shot gun, then your up to no good. He WAS NOT murdered and if you think he was then your an idiot! Imagine you are a cop and get called into a dark alley at night with the information that someone has been seen in the area with a gun.. You are going to be jumpy and highly alert with the only thing on your mind being going home alive tonight and then you see a man in a hoody coming towards you with what looks to be some sort of weapon. He may or may not have been raising it to the shooting position, but it doesnt matter because the only thing your thinking about is protecting yourself and staying alive so of course your reaction will be shoot before being shot at. This idiot would would still be alive if he wasnt hanging out in an alley at night with a shotgun! There should be more cops like this one who are not afraid to clean up the streets by taking out a piece of shit gang banger here and there

Brandon Line
Brandon Line

Carlos, this guy looks Hispanic. Why are you calling him a spade?!

Brett Bremer
Brett Bremer

Let me make it simple. FUCK COPS!

Luvmypups
Luvmypups like.author.displayName 1 Like

@Brett Bremer I hope you never need one to protect you, bad ass!

thesch
thesch

@Brett Bremer do something about it..

Carlos Gonzalez
Carlos Gonzalez like.author.displayName like.author.displayName like.author.displayName like.author.displayName 4 Like

Perhaps its time for you folks who knew this guy to get your friends in check. Ive lived in anaheim and in ghetto neighborhoods before for many years and never had a problem. i was never hasseled by police, i was never shot at, i was never arrested or anything. is that just good luck? or was it because i wasnt out hanging with gang bangers? lets call a spade a spade, this guy had criminal history, his homies ran from the scene (shocking, right?) and he had a gun on him. was he out selling girl scout cookies? or up to no good? I blame him and his shitty life decisions. I feel for his family whos left behind to clean up his mess.

Mike Martinez
Mike Martinez like.author.displayName like.author.displayName like.author.displayName like.author.displayName 4 Like

Fuck this guy. One less thug off the streets.

Xicos Medellin
Xicos Medellin like.author.displayName like.author.displayName 2 Like

Legs crossed....he was pn his knees when he was shot...that was a execution shot

Luvmypups
Luvmypups

@Xicos Medellin retarded, uneducated fool.get a life.

johnrose7588
johnrose7588 like.author.displayName like.author.displayName like.author.displayName 3 Like

A homeboy with a bald head baggy sweats and a shot gun. Dead! Thank you anaheim police. One less punk on the streets. Criminals these days have too many laws protecting them. We need a little street justice

Whophantom
Whophantom like.author.displayName like.author.displayName like.author.displayName 3 Like

Looks like Hernandez was in a "felony prone position" due to his legs being crossed & his arms away from his body. Cops have been given a green light to shoot first because they can change their story if witness's are not present. This is happening more & more as Police are becoming more militarized. Gun control will not work. Who's going to protect us from the chicken shit cops?

Luvmypups
Luvmypups

@Whophantom another bad ass you must be....

Jerry Vazquez
Jerry Vazquez like.author.displayName 1 Like

Cops PLANTED the shotgun! Where is the Dumpster ? Cops caught LYING again.

Luvmypups
Luvmypups

@Jerry Vazquez Another ignorant, uneducated fool.

Jerry Vazquez
Jerry Vazquez like.author.displayName 1 Like

Where is the Dumpster ? and now all of a suden he has a shotgun? Bullshit cops planted the shotgun. Cold bloded Murder and now they are planting evidence!

grvz5247
grvz5247

Where is the Dumpster ? and now all of a suden he has a shotgun? Bullshit cops planted the shotgun. Cold bloded Murder and now they are planting evidence! 

grvz5247
grvz5247

Cops Planted the shotgun! I have had cops lie to me I know how there bullshit works and they lie alot!

Wilson Eduardo Aguilar Ruiz
Wilson Eduardo Aguilar Ruiz like.author.displayName like.author.displayName like.author.displayName 3 Like

I feel sorry for the family, regardless of what his choice in life was, he was still someone's brother, someone's son, someone's uncle, someone's friend, but I dont feel sorry for him. He made that choice, he chose that lifestyle, and he chose to walk around that night in that alley with a shotgun. There are good and bad cops, and cops actually have a hard time. It aint easy being a cop, cops get a bad rep all the time, but until we are in their shoes, we dont know the type of assholes they deal with each day. their lives are on the line all the time. They chose to be police officers and they should be ready and prepare for anything, and if they feel threatened at any point, then fucken shoot and fire! I know I will! But only if my life is threatened!!!

grvz5247
grvz5247 like.author.displayName 1 Like

Cold Blodded MURDER! These cops should be prosecuted and given life in prison. Now when we see cops I have to wonder will i get murdered? Not a way to live. 

Esteban Rodrigues
Esteban Rodrigues

" a cholo is a human being"... yea a human being that preys on other human beings. I don't understand what's so difficult about this one. Known gangster, criminal background, carrying a shot gun at night...

Dory Flores
Dory Flores

Having a bald head is no reason to be murdered in the street. If that gun was illegally owned, arrest him.

thesch
thesch

@Dory Flores why waste tax dollars.. job well done..


EnlightenedOne
EnlightenedOne

Thomas Kelly was a victim. This gangbanger cholo carrying a shotgun was not. I'm glad one less piece of shit will not have to be supported by taxpayers; Either in jail, or welfare.

Julio Martinez
Julio Martinez like.author.displayName 1 Like

Fuck you nick digger that's somebody's boy right there how would you feel if it was one of your family member right there

Nick Digger
Nick Digger

Cholo with a shaved head & a shotgun, sounds like a model citizen.. Good riddance!!!

poseddeath
poseddeath

Excuse my ignorance, but if that man had a shotgun and it was pointed at the cops. Was it wrong for the cops to protect themselves? I don't know the details. If someone could fill me in why people think this is a murder and not self defense....

Robert Anthony Godinez
Robert Anthony Godinez like.author.displayName 1 Like

I know others want more --- but I feel the Officer in question should in the least be tried do Involuntary Manslaughter and removed from the force .

Lisa Zambrano
Lisa Zambrano like.author.displayName 1 Like

I still love you, Martin A. Hernandez

Katie Pyle
Katie Pyle

Don't listen to Brian the only thing he comprehends is football. Surprise surprise. This is obviously a cover up attempt by the department. Or at the very least by the officer in question....peculiar indeed.

949girl
949girl topcommenter

smaugusta what are you talking about? I read the comment in my email that you erased.  I was asking where the dumpsters were because it sounds like the cops lied.  Sounds like you are the one hiding behind your computer with name calling when I actually felt bad for the victim and wondered where the actual dumpster was at that the cop said he approaching?  You sound really ignorant.

 @949girl You piece of psycho-bitch shit. That cop did not see him as a human being either. You're so brave hiding behind a psuedonym. It's a good thing because you don't want to be accountable for your words. JUSTICE FOR MARTIN HERNANDEZ AND ALL MURDER VICTIMS. What you said was evil. Apologize to his family and then remove your obscene comment. You are disgraceful. Alice Augusta

WeAreAllTargets
WeAreAllTargets

Sympathies to the family and friends of the murdered guy. I don't have all the details but any time OC cops are involved you can bet something hinky is involved. 

ianchin
ianchin

Let me get this straight. The guy is carrying a shotgun around at night and people are wondering why he got shot by police?


ridiculousness
ridiculousness

@ianchin I bet you're for gun rights, though...only for white people, though, I guess...like George zimmerman. But God forbid someone else owns a gun. omgaawddd

WeAreAllTargets
WeAreAllTargets like.author.displayName like.author.displayName like.author.displayName 3 Like

@ianchin Arrested for carrying a weapon, sure. But murdered for it? No way. LE in the US has gone insane, you can be killed for sitting in a car minding your own business, walking down the wrong street, adjusting your droopy drawers, and they don't just target gang members. See Kelly Thomas, too.

ianchin
ianchin

@WeAreAllTargets Each incident should stand on its own. In this case, how does an officer "arrest" someone who is carrying a long gun, particularly a shotgun which is both deadly and indiscriminate in its firing pattern? If someone carrying a shotgun isn't a clear and present threat I don't know what is. You carry a a shotgun around at night you're up to no good. I'm sorry he lost his life, but he made that bed for himself by walking around with a gun.

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