SOLEDAD — On Sept. 18, a Monterey County jury found David Fernando Hernandez, 34, of Soledad, guilty of felony resisting an officer with force or violence, misdemeanor driving under the influence of a drug, misdemeanor possession of a controlled substance, misdemeanor possession of drug paraphernalia and misdemeanor battery against a peace officer.
Hernandez admitted that he has suffered a prior “strike” conviction within the meaning of California’s Three Strikes Law.
On March 22, at about 6:45 p.m., Hernandez was parked the wrong way on a Highway 101 offramp near Camphora and Gloria Road in Soledad, facing oncoming traffic.
California Highway Patrol Officer Jonathan Delgadillo conducted a traffic stop and noticed that Hernandez was sweating profusely and not making much sense when he spoke. Delgadillo suspected that Hernandez was under the influence of a stimulant and conducted a driving under the influence investigation.
“Hernandez did not perform the field sobriety tests as explained or demonstrated,” stated Monterey County District Attorney’s Office in a news release. “Officer Delgadillo formed the opinion that Hernandez was under the influence of a controlled substance and placed him under arrest.”
After arresting him, Delgadillo searched Hernandez and his vehicle, finding nearly one gram of methamphetamine in Hernandez’s front right pocket and a methamphetamine pipe in the vehicle.
Delgadillo transported Hernandez to Natividad Medical Center to obtain a blood draw. While on the way, Hernandez said that he is a Norteno gang member and threatened to “green light” the officer, according to the DA’s Office.
“When they arrived at the hospital, Hernandez refused to get out of the patrol vehicle or cooperate during the blood draw,” stated the DA’s Office. “Three California Highway Patrol officers had to hold Hernandez down onto a chair to allow a nurse to draw his blood. Hernandez continued to use force and violence to resist Officer Delgadillo. He also spat on the officer.”
In June, testing from the California Department of Justice, Bureau of Forensic Services confirmed that Hernandez had methamphetamine in his bloodstream at the time that he drove his vehicle.
Hernandez will be sentenced on Oct. 28. Because of his prior strike conviction for felony assault with a deadly weapon in 2023, for which he served four years in prison, Hernandez faces a maximum sentence of six years in prison on this case.
