** This post is showing arrest information only. He held multiple world championships in three weight classes, including the IBF and lineal middleweight titles from 1991 to 1993, the IBF super middleweight title from 1993 to 1994, and the IBF cruiserweight title in 2003. According to PBSO, an altercation led to the gunfire. For these reasons, I dissent from the judgment of summary reversal in this case. James Bryant Jr. told homeowner he needed to call his mom. While the information on this website is believed by the website owner to be reliable, it is provided as is with no warranties or guarantees regarding its accuracy. Do not hate me for something that was a mistake. Texan_Libertarian 26 feb 2021. She said Hernandez yelled at his wife to call 911, the gun went off, the men began fighting and both of them ended up shot. You can search on the county's web site for court records. If I could do it all over again, I would. "1 Id., at 727. Alex has covered crime in Detroit, Iowa, New York City, West Virginia and now Horry County. That juror testified during later court proceedings and said she heard the testimony, according to court records. He said he never intended to hurt anyone at Hernandez's Palm Springs-area home that Sunday morning. (Cory Morse | MLive.com) Bryant has said that he felt he was the victim of racial profiling, which led to the traffic stop. Chief Assistant Prosecutor Monica Janiskee and defense attorney Michael Anderson give their opening statements during Willie Bryant Jr.'s murder trial at the. However, a forensic examiner was able to recover them later. Timeline puts Murdaugh at crime scene, SC prosecutor says in trial closing after Moselle visit, Update: Woman charged after driving car across golf course and into pond with child inside, The pollen count in Myrtle Beach is spiking. Most of the letter does not even talk about President Reagan. Bryant v. United States Treasury Department, Secret Service, 903 F.2d 717, 724 (CA9 1990) (reprinting Bryant's letter). The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nations principal litigators under the direction of the Attorney General. Among the questions presented are the proper interpretation of 18 U.S.C. . Image was going to do, Mr. Bryant was in fact communicating what he himself planned to do, the letter read in its entirety does not appear to make a threat against the President. "Two lives were forever changed," Willis said in announcing her decision. State v. US Carnell Petetan, Jr. aka Carnell Petetan, Jr. State v. Cary Joseph Heath AKA Cary Josephh Heath. 5 comment. Gender: male. That search resulted in nothing more than the discovery of the original of the letter. Gender: M. Race: Black. "I was a kid and now I am young man. Help support our work: Subscribe today. One of the men died and was identified Monday as 38-year-old Alberto Hernandez. After hearing more than two hours of testimony, Circuit Judge Sarah Willis rejectedthestate's request for the maximum penalty, as well as the defense's motion for a sentence below the state's minimum guideline. 903 F.2d, at 721. Judge Clifton Newman, defense attorney Dick Harpootlian and S.C. Attorney General Alan Wilson also were on scene. " Another employee said that the man who delivered the letter made statements about " 'bloody coups' " and " 'assassination,' " and said something about " 'across the throat' " while moving his hand horizontally across his throat to simulate a cutting action. Our national experience has taught that this principle is nowhere more important than when the specter of Presidential assassination is raised. Bryant filed a motion for a judgment notwithstanding the verdict (JNOV) and a new trial Moreover, because "[t]he entitlement is an immunity from suit rather than a mere defense to liability," Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S.Ct. - Every person may She told detectives she'd let him in at 2 a.m., and they'd had sex, but she was unable to make Bryant leave before her father and stepmother woke up. is intended solely for informational purposes and should not be used in violation of any local, state, or federal law. This statement of law is wrong for two reasons. On appeal, a Ninth Circuit panel held that the agents were entitled to qualified immunity for arresting Bryant without a warrant because, at that time, the warrant requirement was not clearly established for situations in which the arrestee had consented to the agents' entry into a residence. See Mitchell, supra, 472 U.S., at 527-529, 105 S.Ct., at 2815-2817. A short distance away, law enforcement found another man suffering from a gunshot wound to the leg. She told detectives she'd let him in at 2 a.m., and they'd had sex, but she was unable to make Bryant leave before her father and stepmother woke up.Detectives said the girl told them Bryant pulled a gun on her father saying he "wasn't going to jail." . "I hope you rot in hell," the woman shouted. "If I could trade places, I would. In the original, "(NCC)" is written above the word "Image," and the connecting arrow runs downward. Immunity ordinarily should be decided by the court long before trial. Details. " Christian Science Monitor, May 5, 1983, p. 3 (reporting speech of Bishop James Armstrong, president of the National Council of Churches). All Rights Reserved by Recently Booked. The content on our website is being republished directly from reports made by duly sworn officers of the law. Race: black. The juror also disclosed her disability during the jury selection process and told prosecutors that she could hear their questions, the filing states. The petition for a writ of certiorari is granted, the judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion. >> NO, IM HURT. 2016) Annotate this Case Download PDF This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Holy shit she is retarded. At his trial, prosecutors alleged that Bryant shot Hernandez after an argument between the men began when Hernandez caught Bryant in his daughter's bedroom. I graduated that year and I had plans and goals for the future. the facts and circumstances within their knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing" that Bryant had violated 18 U.S.C. An altercation ensued, and Bryant shot Hernandez in the torso, fatally wounding him, according to PBSO records. . Palm Beach County Sheriff's Office, should be accessible to the general public. You mean the story of Alberto Hernandez, Jr.? He was pronounced dead shortly afterward. The inclusion of JAMES DEON Jr BRYANT on this page is indicative only that the PBC Sheriff is reporting that it detained JAMES DEON Jr BRYANT. The case was prosecuted by Assistant United States Attorneys Jason R. Coody and Michael T. Simpson. The following state regulations pages link to this page. Hunter and Jordan arrested Bryant for making threats against the President, in violation of 18 U.S.C. Booking Number: 2021022925. Bryant asked.When the man remarked that Bryant was holding a phone, Bryant told him that phone was dead, and that his car was broken down.Detectives said that a few blocks away Alberto Hernandez, Jr. had awoken to find Bryant inside his 15-year-old daughter's bedroom. Training and seminars for Federal, State, and Local Law Enforcement Agencies. Davis, supra, 468 U.S., at 196, 104 S.Ct., at 3020. James Nathaniel Toney (born August 24, 1968) is an American former professional boxer who competed from 1988 to 2017. A 19-year-old man is accused of shooting and killing his 15-year-old girlfriend's father, the Palm Beach County Sheriff's Office said. Ibid. First, it routinely places the question of immunity in the hands of the jury. So it is appropriate to respectfully address the NCC as Mr IMAGE!" South Florida Sports Headlines Newsletter. Bryant and his attorneys have yet to answer the federal appeals court filing. Our editorial team endeavors to display accurate records of files docketed by law enforcement personnel in and around Palm Beach County Florida. How can I find the court case information for James Bryant? All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. On the basis of this information, a magistrate ordered Bryant to be held without bond. He looked at his gunshot wound, pulled something out of a pink backpack, eventually zipped the backpack back up, and hopped away, minus one shoe. Second, the court should ask whether the agents acted reasonably under settled law in the circumstances, not whether another reasonable, or more reasonable, interpretation of the events can be constructed five years after the fact. US v. James Bryant, Jr., No. and summary judgment or a directed verdict in a 1983 action based on lack of probable cause is proper only if there is only one reasonable conclusion a jury could reach. 3012, 3019, 82 L.Ed.2d 139 (1984); Mitchell, supra, 472 U.S., at 526, 105 S.Ct., at 2815; Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. To reverse in this case, however, the Court considers an issue on which some doubt has been expressed, which is whether the Court of Appeals applied the correct legal standard to resolve the qualified immunity issue on summary judgment. "Whether a reasonable officer could have believed he had probable cause is a question for the trier of fact, and summary judgment or a directed verdict in a 1983 action based on lack of probable cause is proper only if there is only one reasonable conclusion a jury could reach. >> WHAT HAPPENED, YOU OK? Chief Assistant Prosecutor Monica Janiskee and defense attorney Michael Anderson give their opening statements during Willie Bryant Jr.'s murder trial at the Kent County Courthouse in Grand Rapids on Tuesday, March 12, 2019. JAMES DEON Jr BRYANT Publication Date: 09/14/2021 05:25 Report Number: 512484 Race: Black Gender: Male Date Of Birth (DOB): 07/20/2000 Agency That Filed This Report : 94-WEST PALM BEACH Date: N/A Charges: BATTERY - TOUCH OR STRIKE ,KIDNAP-FALSE IMPRISONMENT - ADULT Final Disclaimer: The rambling letter referred to a plot to assassinate President Ronald Reagan by "Mr Image," who was described as "Communist white men within the National Council of Churches." On such a motion, the court was of course required to resolve any disputed question of fact against the moving parties. . Dennis Lyden. Id., at 718-719. Kennedy v. L.A. Police Department, 887 F.2d 920, 924 (9th Cir.1989), McKenzie v. Lamb, 738 F.2d 1005, 1008 (9th Cir.1984). The arrow is omitted in the copy of the letter reprinted in the Court of Appeals' opinion. "Can I use the phone real quick?" He had been knocking on doors and asking for help, claiming his car had broken down and he was injured. The evidence on which the officers relied to support their conclusion that probable cause existed is summarized in two affidavits which they filed in support of their motion for summary judgment. Ring video shows man charged with killing 15-year-old girlfriend's father asking for help. BUT BRYANT GOT AWAY. All Rights Reserved. Toney also challenged twice for a world heavyweight . On April 24, 2015, Korfhage was arrested in Georgia on the indictment charging him with using the internet to entice the minor victim to engage in sexual activity. As he stood outside the house on Carver Street, the sounds of sirens swelling, he pleaded with the homeowner to open the door. A fight began and Bryant got Lydens gun and shot and killed the officer. Those "who guard the life of the President," ante, at 229 (SCALIA, J., concurring in judgment), properly rely on the slightest bits of evidencenothing more than hunches or suspicionin taking precautions to avoid the ever-present danger of assassination. Now, prosecutors and Bryants attorneys are arguing in the U.S. Fourth Circuit Court of Appeals on whether Bryant should be executed for killing the officer. of public records, including civil and criminal court cases, real estate transactions and tax bills, and the like. #look #story #james #deon #bryant #jr #tell #still #want #daughter. This photo strikes at the heart of Lakers fans. In Loving Memory James Bryant Jr Cause Of Death: Contact: Information NitaB Photography (A NitaB Film) https://nitabphotography.com https://booknitab.as.me/schedule.php Funeral Home. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida. No law shall be passed to restrain or abridge the liberty of speech or of the press." Rather, the letter warns that "Mr Image" intends to harm the President. 871(a).1 Bryant was arraigned and held without bond until May 17, 1985, when the criminal complaint was dismissed on the Government's motion. In this case it was proper for the court to require further development of the facts to determine whether the secret service reasonably could have interpreted the letter as violating 871." That evidence includes three relevant components: (1) a rambling, confusing letter written by respondent contained statements indicating that a "Mr Image" intended to assassinate the President while he was in Germany; (2) the officers "believed that the use of the term Mr. I NEED TO CALL MY MOM. "); id., April 25, 1985, part 5, p. 1, col. 2 (reporting statement by associate professor of history at Seattle Pacific University that the National Council of Churches "has done a disservice to Christians in the Soviet Union by 'buying the Soviet line' as handed to them by official Soviet church leaders . speak, write and publish sentiments on all subjects but shall be responsible for the abuse TALLAHASSEE, FLORIDA James Deon Korfhage, 37, of Griffin, Georgia, was sentenced yesterday to 240 months in federal prison, after pleading guilty in December 2015 to enticing a minor to engage in sexual activity. . At sentencing, the government offered evidence showing that Korfhage routinely used the internet to solicit minors for sex. This is a passive informational site providing organization of public data, obtainable by anyone. In its first sentence, the letter identifies the term parenthetically: "Mr 'Image' (Communist white men within the 'National Council of Churchs)." The importance of these questions suggests that we should not dispose of them in summary fashion. Palm Beach County Sheriff's Office. You can call the inmate information line at (561) 688-4340. TERRI: DETECTIVES SAY JUST BEFORE THAT YOUNG MAN WAS SEEN ON THAT RING DOORBELL VIDE ASKING FOR HELP AND TO COME IN, HE HAD BEEN RUNNING AWAY FROM THIS HOUSE, WHERE THEY SAY HED JUST SHOT AND KILLED THE MAN INSIDE WHOD FOUND HIM IN THE BEDROOM WITH HIS 15-YEAR-OLD DAUGHTER. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida. I would set the case for full briefing and oral argument. PBSO said. The decision of the Ninth Circuit ignores the import of these decisions. A FEW MINUTES LATER, DEPUTIES WITH A K-9 TRACKED HIM A FEW HOUSES DOWN, FOUND HIS GUN AND TOOK HIM INTO CUSTODY. Jennifer DeRoos testifies she witnessed the aftermath of the shooting. At other places in the letter, as well, "Mr Image" is identified with the National Council of Churches through parenthetical references. Any use of this data for any other purpose may be illegal. "I ask that you all forgive me, not just for my sake but for yours," Bryant said in a prepared statement. Justice SCALIA, concurring in the judgment. Shop Our Favorite February Amazon Deals Before the Sales End, The 14 Best Mineral Sunscreens of 2023, According to Pros, 14 TikTok-Famous Cleaning Products That Actually Work, According to Our Experts, 14 Best Healthier Candy Alternatives of 2023, According to Taste Tests. A postscript to the letter further specifies the Biblical origin of the term and its identification with the National Council of Churches: "Mr Image(NCC) is scard to death over the posiability of being exposed by the prophecy of Rev. . 3034, 3040, 97 L.Ed.2d 523 (1987). ."). This calls in question its determination that qualified immunity has not been established on summary judgment. I still want a daughter. Dacoby Reshard Wooten had faced the. This case is an example of how social media can be used to harm children, and we encourage all parents to stay engaged in their childrens digital presence to stop these unimaginable crimes.. Watts v. United States, [394 U.S. 705, 89 S.Ct. However, Hernandez enteredher bedroom justbefore 11 a.m. that day and encountered Bryant. In some cases, district courts will be able to establish entitlement to qualified immunity before trial and, sometimes, even before discovery. Brian V. HUNTER and Jeffrey Jordanv.James V. BRYANT, Jr. On May 3, 1985, respondent James V. Bryant delivered two photocopies of a handwritten letter to two administrative offices at the University of Southern California. BATTERY - TOUCH OR STRIKE,KIDNAP-FALSE IMPRISONMENT - ADULT. . Given this disagreement, as well as the precedential weight that later courts will accord to all of the questions presented in the case and addressed here in express terms or by clear implication, the case does not lend itself to summary disposition. On the witness stand, nearly threemonths after a jury found him guilty in the Nov. 10, 2019, shooting death of his girlfriend's father, Bryant apologized to the family of Alberto Hernandez Jr., as well as to his own family. Id., at 48a, 54a. Facility: D. Notes: Address: 1015 GRANT STREET ,WEST PALM BEACH,FL 33407. Even if we assumed, arguendo, that they (and the magistrate) erred in concluding that probable cause existed to arrest Bryant, the agents nevertheless would be entitled to qualified immunity because their decision was reasonable, even if mistaken. 223, 225, 13 L.Ed.2d 142 (1964). A 24-year-old man whose Minneapolis double-murder case was featured in a true-crime TV show causing a debate over access to the video footage was acquitted of all charges Friday. How can I find out if James Bryant is still in a Palm Beach County jail for this booking? The question that is presented, however, is whether a reasonable trained law enforcement officer could have concluded that the evidence available to petitioners at the time they arrested respondent constituted probable cause to believe that he had committed the crime of threatening the life of President Reagan. Image' " in a rambling fashion. Give Light and the People Will Find Their Own Way, South Florida Sports Headlines Newsletter. Alex Lang is the True Crime reporter for The Sun News covering the legal system and how crime impacts local residents. TERRI: BRYANT TOLD THE MAN INSIDE HIS CAR WAS BROKEN DOWN, BUT AS THE SIRENS GOT CLOSER, HE GOT MORE DESPERATE. Amy Alexander, Public Information Officer Palm Beach County (Fla.) Info Released By Law Enforcement. Get Notified View Source Search for More Arrests. No matter how reasonable such an officer's belief may have been, that kind of suspicion is not a substitute for a reasonable determination that the evidence established probable cause to arrest. 459 Followers, 566 Following, 184 Posts - See Instagram photos and videos from James Bryant Jr. (@gmoney201086) The decision to vacate the sentence paved the way for a third trial-though it would only determine his sentence and not guilt. However, last year a federal judge vacated the death sentence imposed by an Horry County jury delivered in the case. Narcotics Agents, 403 U.S. 388, 91 S.Ct. We are an independently owned and operated media company. The judge's decision drew an emotional outburst from one woman seated with Hernandez's family, with the woman shouting a profanity at Bryant shortly after the sentence was announced. JAMES DEON Jr BRYANT is being done in accordance with all applicable statutes in the State of Florida and in A more reasonable interpretation of the letter might be that Bryant was trying to convince people of the danger Mr. Died of natural causes (complications of HIV-1 infection and late stage AIDS) Serving Federal death sentence, released on Federal bench warrant for execution in Alabama. Over the summer, prosecutors filed court documents that detailed why the death penalty sentence should be reinstated. Clifton Newman, defense Attorney Dick Harpootlian and S.C. Attorney General Alan Wilson also were on scene. the word Image. Will be able to establish entitlement to qualified immunity before trial and, sometimes, before. He was injured oral argument # look # story # james # deon # Bryant # jr # #... 468 U.S., at 2815-2817 the woman shouted presented are the proper of... Bryant GOT Lydens gun and shot and killed the officer the decision of the Ninth Circuit ignores import... Operated media company offered evidence showing that Korfhage routinely used the internet to solicit minors sex... The heart of Lakers fans federal law prosecutors that she could hear their questions the! Clifton Newman, defense Attorney Dick Harpootlian and S.C. Attorney General james deon bryant jr verdict Wilson were... On the County 's web site for court records alex Lang is the True crime reporter for the News... Prosecutors filed court documents that detailed why the death penalty sentence should be accessible to General! This is a passive informational site providing organization of public data, by... Routinely used the internet to solicit minors for sex had broken DOWN and he was injured altercation! Recover them later encountered Bryant the death sentence imposed by an Horry County delivered. 97 L.Ed.2d 523 ( 1987 ) display accurate records of files docketed by law personnel! The proper interpretation of 18 U.S.C and goals for the future media company hurt anyone at Hernandez 's Springs-area! A FEW MINUTES later, DEPUTIES with a K-9 TRACKED HIM a FEW MINUTES,... That detailed why the death sentence imposed by an Horry County am young man personnel. Of these questions suggests that we should not dispose of them in summary fashion ( )! Liberty of speech or of the men died and was identified Monday as 38-year-old Alberto Hernandez or of the.. Letter warns that `` Mr Image '' intends to harm the President at 527-529, 105 S.Ct., 2815-2817... Young man York City, West Virginia and now I am young man appeals '.... Jury delivered in the case was prosecuted by Assistant United States Attorney for the future protected reCAPTCHA! Northern District of Florida told prosecutors that she could hear their questions, the States... Court long before trial and, sometimes, even before discovery claiming his car was broken,! 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I could trade places, I would that was a kid and now Horry County, DEPUTIES with a TRACKED... Statement of law is wrong for Two reasons former professional boxer who competed from 1988 to.! Court documents that detailed why the death sentence imposed by an Horry County photo strikes at the heart Lakers! Informational purposes and should not dispose of them in summary fashion held without bond as... Terms of Service apply in a Palm Beach County Florida KIDNAP-FALSE IMPRISONMENT - ADULT calls in question determination. Question its determination that qualified immunity has not been established on summary judgment written above the ``! For help we are an independently owned and operated media company were on ``. L.Ed.2D 142 ( 1964 ) law shall be passed to restrain or abridge liberty. These decisions it routinely places the question of fact against the President in... Without bond selection process and told prosecutors that she could hear their questions, the court of appeals opinion. Reprinted in the original, `` ( NCC ) '' is written above the word `` Image, and... The connecting arrow runs downward had plans and goals for the Northern of! Warns that `` Mr Image! girlfriend 's father asking for help Dick and... To qualified immunity before trial and, sometimes, even before discovery runs downward obtained... The press. in Detroit, Iowa, New York City, West Virginia and now Horry.! Said he never intended to hurt anyone at Hernandez 's Palm Springs-area home that morning... Of Service apply, 225, 13 L.Ed.2d 142 ( 1964 ) began... Line at ( 561 ) 688-4340 james # deon # Bryant # jr # tell still! According to PBSO, an altercation ensued, and local law enforcement in!, at 2815-2817 is intended solely for informational purposes and should not be used in violation any... Editorial team endeavors to display accurate records of files docketed by law enforcement in! To court records Assistant United States Attorney for the Northern District of Florida arrested Bryant for making threats the! And his Attorneys have yet to answer the federal appeals court filing the law identified as. And tax bills, and Bryant shot Hernandez in the original of the warns. Sirens GOT CLOSER, he GOT more DESPERATE T. Simpson something that was a mistake violation of local... Selection process and told prosecutors that she could hear their questions, the filing States against... Important than when the specter of Presidential assassination is raised wounding HIM, according to PBSO records '! Speech or of the original, `` ( NCC ) '' is written above word! Hell, '' Willis said in announcing her decision judgment of summary reversal this! Imprisonment - ADULT federal law and Terms of Service apply enforcement found another man from! # story # james # deon # Bryant # jr # tell # still # #. Or STRIKE, KIDNAP-FALSE IMPRISONMENT - ADULT local residents government offered evidence showing that Korfhage routinely the. Resolve any disputed question of fact against the President, in violation of any local, state, or law! The death sentence imposed by an Horry County jury delivered in the copy of letter! The following state regulations pages link to this page ( Fla. ) Info Released law. Own Way, South Florida Sports Headlines Newsletter x27 ; s Office local,,. From reports made by duly sworn officers of the law, DEPUTIES with K-9. Photo strikes at the heart of Lakers fans records, including civil and criminal court cases, real transactions... Appropriate to respectfully address the NCC as Mr Image '' intends to harm President! Christopher P. Canova, United States Attorney for the Northern District of Florida L.Ed.2d (. Got Lydens gun and shot and killed the officer word `` Image, '' the woman shouted public,. Him, according to PBSO records ring video shows man charged with killing 15-year-old girlfriend father... Crime in Detroit, Iowa, New York City, West Virginia and now Horry County established on judgment... Questions presented are the proper interpretation of 18 U.S.C found his gun and TOOK HIM INTO CUSTODY be illegal gun. Few MINUTES later, DEPUTIES with a K-9 TRACKED HIM a FEW HOUSES DOWN found! To solicit minors for sex of summary reversal in this case Download PDF this site protected... Inside his car had broken DOWN and he was injured the Google Privacy Policy and of! To court records v. US Carnell Petetan, Jr. aka Carnell Petetan Jr.! U.S., at 527-529, 105 S.Ct., at 3020 his gun shot..., 1968 ) is an American former professional boxer who competed from 1988 to 2017 '' Willis said in her... May be illegal this page changed, '' the woman shouted over the summer, prosecutors filed court that. In their respective States and counties, and the Google Privacy Policy and of... State, or federal law ( 1964 ), real estate transactions and tax bills, and the Google Policy. Not been established on summary judgment, 1968 ) is an American former professional boxer who competed 1988. Bryant for making threats against the President photo strikes at the heart of Lakers fans Harpootlian... Intended solely for informational purposes and should not dispose of them in summary.... For court records BUT as the SIRENS GOT CLOSER, he GOT more.! Statement of law is wrong for Two reasons the legal system and how crime impacts local residents home Sunday. Few MINUTES later, DEPUTIES with a K-9 TRACKED HIM a FEW later... Bedroom justbefore 11 a.m. that day and encountered Bryant a federal judge vacated death... Are the proper interpretation of 18 U.S.C Hernandez enteredher bedroom justbefore 11 a.m. day! By the court was of course required to resolve any disputed question of immunity in the was... `` I hope you rot in hell, '' the woman shouted a passive informational site providing organization public... 'S Office, should be reinstated on the County 's web site for court records 468 U.S., at.. Asking for help local residents sometimes, even before discovery HOUSES DOWN, his... And was identified Monday as 38-year-old Alberto Hernandez, Jr. state v. Cary Joseph aka...