Hernandez released, won't go to prison

An Oregon man caught on camera trying to grab a police officer's weapon was ordered released from custody Tuesday and will not face prison time.Victor M. Hernandez, 29, who attempted to remove California Highway Patrol officer Larry Olveda's service weapon on March 27, was in an Auburn courtroom for a sentencing hearing on a single felony charge of resisting a police officer.At the onset, the case appeared to be open and shut with photographic evidence of Hernandez reaching for California Highway Patrol officer Larry Olveda's gun during an altercation on Highway 80 near Elm Avenue in Auburn.It now appears that Hernandez's actions may have stemmed from a neurotoxic reaction to the antibiotic, isoniazid, used to treat tuberculosis, his attorney Tom Leupp said.Judge J. Richard Couzens listened as defense witnesses testified they noticed dramatic changes in Hernandez's personality beginning in late 2005.His longtime friend Amit Mehta testified that he and Hernandez would often go hiking and camping together, but sometime in December 2005 Hernandez became withdrawn. "He was getting paranoid," Mehta told the court. "He got quiet and I asked him, 'what's going on?' He didn't make sense."Hernandez's on-again off-again girlfriend, Abigail Vautrain, who is a first-year medical student in Oregon, said he became increasingly unbalanced in early 2006."He was very unstable," she said. "His anxiety and depression turned to paranoia."Hernandez, who worked full time at the Hilton hotel in Eugene, Ore. and was studying to become an Emergency Medical Technician, tested positive for tuberculosis and was given a prescription for isoniazid.Friends and co-workers testified that they noticed behavior changes in Hernandez, but didn't connect his imbalance with the medication.Following his arrest, Hernandez was evaluated by the jail medical staff, Leupp said."On March 28 he requested a bullet between the eyes," Leupp told the court. "He was moved to a padded cell after he ran his head into a wall."Hernandez was not taking the antibiotic while incarcerated and Leupp said months later Hernandez was no longer suicidal."He was suffering from brief psychosis when he committed this offense," Leupp said. "There is no evidence to the contrary."Leupp argued to have his client placed on informal probation for the charge, which would allow him to return to Oregon and be with friends. Prosecutor Tracy Lunardi contends that Hernandez could pose a threat and requested formal probation. If that were to be the judge's decision Hernandez would be required to remain in California throughout his probationary period.Judge Couzens took into account a previous psychological evaluation, but ordered that Hernandez undergo a second independent evaluation be completed before he rules."One thing is clear, at this point Mr. Hernandez is not going to state prison," he said. Couzens released Hernandez on his own recognizance and he is free to return to Oregon for the time being.Hernandez is scheduled to return to court at 1 p.m. Feb. 5, 2007 in Dept. 13 of Placer County Superior Court.The Journal's Penne Usher can be reached at penneu@goldcountrymedia.com.