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Security video from the store showed defendant Jose David Hernandez pulling up in a Toyota at the restaurant's drive-through window. Gunshots and smoke can be seen towards the end of the shot.
A Richmond man pleaded guilty Monday to shooting and injuring a manCook Out RestaurantmitarbeiterLast year, just after she served him in the drive-thru lane.
Jose David Hernandez, 24, was with his wife and two children when the shooting occurred at 11:20 p.m. on July 31, after the family stopped for refreshments at the Cook Out at 8240 Midlothian Turnpike.
But seconds after the shot was fired, which hit Essence Williams, a cashier and food waitress, injuring her left shoulder, Hernandez drove away, Chesterfield County Assistant Commonwealth Attorney Ethan Wiley said in a summary of the facts Court.
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He wasn't arrested until months later, and when police finally caught up with him, Hernandez claimed the shooting was an accident. He also said he didn't know the victim and that the gun belonged to someone else. It was never recovered.
His attorney, Wayne Morgan, told the court that Hernandez was toying with the gun in the drive-thru lane, didn't know it was loaded, and was surprised when it suddenly went off.
During a hearing in Chesterfield Circuit Court on Monday, Hernandez pleaded guilty to counts of unlawfully firing a firearm into an occupied home and reckless handling of a firearm, which resulted in grievous bodily harm. He was originally charged with two other felonies - unlawful assault and unlawful shooting from a vehicle - but prosecutors withdrew those charges during his preliminary hearing in a lower court in December.
Chesterfield Circuit Judge Steven B. Novey convicted Hernandez after accepting his pleas, setting the verdict for May 25. He faces up to 10 years in prison.
The victim, who attended Monday's procedure, is still in pain from the gunshot wound and is unable to fully use her arm. She is undergoing physical therapy. The bullet lodged in her shoulder bone, and the doctors decided not to remove the slug at this point. The bullet was removed two weeks later when the operation was deemed safe, Wiley said in his summary.
Security video from the store captured much of what happened that evening; The two-minute clip was played in court on Monday.
It showed Hernandez pulling up in the back of a Toyota Avalon with his wife in the passenger seat and their two children. Hernandez pays and receives drinks from Williams, who was working the drive-through window.
Moments later, Hernandez is seen taking a sip of his drink before using his right hand to take a gun from his lap and position it next to the driver's door, the barrel touching the door panel. The gun then fires and smoke from around the circle can be seen entering through the door as a hole appears.
"MS. Williams reported that she heard the shot, looked out and saw that a hole had appeared in the vehicle's driver's door," Wiley told the court. "She also noted that she had been shot in the shoulder, and to this At that point, the vehicle drove away."
Surveillance video captured part of Hernandez's vehicle's license plate.
Sometime later, a stationary camera in Chesterfield — similar to a mobile license plate reader — took a photo of a Toyota Avalon whose license plate number matched Hernandez's car. The camera also captured damage to the car. The vehicle was registered to Hernandez's wife.
The police then initiated a traffic stop and a search warrant was obtained. Investigators found damage related to the shooting. The outer hole had been patched but the inner door panel was still visibly damaged.
After arresting Hernandez on November 8, he admitted to the shooting but said it was an accident, the gun wasn't his and he mistook the gun for someone else. The gun was never found.
Do you recognize that? Photos from the 1950s from The Times-Dispatch archives
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Markus Bowes(804) 649-6450
mbowes@timesdispatch.com
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