MORGANTOWN, W.Va. — A Monongalia County jury convicted Robert Hernandez, Jr. of first-degree murder Thursday in the 2014 stabbing death of West Virginia University freshman Devante’ Waites. Hernandez will spend the rest of his life behind bars.
The 12-member panel deliberated for about two hours before finding Hernandez guilty.
Waites, 19, of Fairmont, was in a crowded Morgantown bar last August when a fight broke out. He was stabbed and later died, and surveillance video led police to Hernandez of Cumberland, Md.
Monongalia County prosecutor Marcia Ashdown said during her closing argument that Hernandez “willfully interjected himself into the melee.” Ashdown said Hernandez was not defending himself when he stabbed Waites.
Hernandez’s attorney said the prosecution had a weak case and none of the state’s witnesses implicated his client as the perpetrator.
After finding Hernandez guilty of first degree murder, the jury returned to the jury room Thursday night to consider whether or not to grant Hernandez mercy. They did not.
“As to the no-mercy verdict, I know that was an emotional decision for them. Certainly that was a hard decision to make, so we are grateful for their service on that part of the case as well,” said Ashdown.
In July 2005, Hernandez pleaded guilty to distribution of crack cocaine charges according to Cody George, a U.S probation officer, who prosecutors called to the stand prior to the jury deliberating a sentence for the defendant.
Hernandez was on supervised release at the time of the Morgantown murder and was not supposed to leave the state of Maryland.