You have reached your limit of free articles this month.

Enjoy unlimited access to myStatesman.com

Starting at just 99¢ for 8 weeks.

GREAT REASONS TO SUBSCRIBE TODAY!

  • IN-DEPTH REPORTING
  • INTERACTIVE STORYTELLING
  • NEW TOPICS & COVERAGE
  • ePAPER
X

You have read of premium articles.

Get unlimited access to all of our breaking news, in-depth coverage and bonus content- exclusively for subscribers. Starting at just 99¢ for 8 weeks

X

Welcome to myStatesman.com

This subscriber-only site gives you exclusive access to breaking news, in-depth coverage, exclusive interactives and bonus content.

You can read free articles of your choice a month that are only available on myStatesman.com.

Austin man gets 25 years in prison for ninth DWI conviction


An Austin man whose blood-alcohol level came back more than three times the legal limit was found guilty of his ninth DWI on Wednesday and was sentenced to 25 years in prison.

Adrian Facundo-Hernandez, 55, agreed to the minimum sentence from his 2015 arrest in exchange for waiving his right to appeal. He was offered a post-conviction plea by prosecutors when his attorney, Travis Ketner, requested a new trial because a juror in the trial had an outstanding theft warrant from 1988.

Before the trial, Facundo-Hernandez rejected a 35-year offer from prosecutors.

In Texas, a third DWI conviction is a felony and carries a punishment of up to 10 years in prison. However, Facundo-Hernandez’s sentencing range increased to 25 years to life because of his previous DWI convictions. At the time of his arrest he was out on parole from a 2007 DWI in Travis County. He had been sentenced to 15 years in prison in that case, but did not serve the entire term.

His record of DWI arrests dates back to 1985. All of them came in Texas.

The jury deliberated for more than one hour before determining Facundo-Hernandez was intoxicated and operated a car on the night of Nov. 15, 2015 when police woke him while he was in the driver’s seat with keys in his hand. The defendant opted to let Judge Clifford Brown, not the jury, handle sentencing, but then agreed to the 25-year deal.

Facundo-Hernandez was arrested in East Austin after police responded to a call of a car crashing into a parked car on Alf Avenue. When police arrived, the defendant was asleep in the driver’s seat of his parked silver Mercury, according to the affidavit. His car had damage and a flat tire, the document said. Witnesses followed the man to his driveway after hearing noise from the car wreck.

Prosecutors Joshua Reno and Ken Ervin presented the jury a video of the defendant badly stumbling during a field sobriety test, in which he failed all but one of 18 examination points. His blood-alcohol content was .268 percent, more than three times the legal limit of .08.



Reader Comments ...


Next Up in Local

Florida mother of 7 donates kidney to co-worker
Florida mother of 7 donates kidney to co-worker

VENICE, Fla. — A 45-year-old Florida mother of seven donated one of her kidneys to a 26-year-old co-worker, the Sarasota Herald Tribune reported. >> Read more trending news “I said, heck, he can have one of mine,” Christine Higbee said. “I have seven kids — if I need one, I can borrow one of theirs.” Higbee...
Father of NFL hopeful killed in South Florida
Father of NFL hopeful killed in South Florida

WEST PALM BEACH, Fla. -- The father of NFL hopeful and Florida State University star Travis Rudolph was killed this weekend in an accidental shooting, according to reports from the Palm Beach County Sheriff’s Office. >> Read more trending news Darryl Rudolph was shot over the weekend near Sugar Daddy’s Adult Cabaret...
TRAFFIC UPDATE: Northbound lanes of MoPac reopened near Lady Bird Lake
TRAFFIC UPDATE: Northbound lanes of MoPac reopened near Lady Bird Lake

6:50 a.m. update: Texas Department of Transportation crews have finished construction and reopened all lanes of northbound MoPac Boulevard (Loop 1). Earlier: Construction has forced traffic on northbound MoPac Boulevard (Loop 1) to be funneled down to one lane near Lady Bird Lake, causing heavy traffic delays between Bee Caves and Enfield roads. Traffic...
12-year-old caught after driving 800 miles across Australia
12-year-old caught after driving 800 miles across Australia

A 12-year-old boy who was trying to drive across Australia was stopped by police 800 miles into his journey, the BBC reported. The boy was pulled over near the mining town of Broken Hill in the New South Wales outback on Saturday after a patrol noticed the car's bumper dragging on the ground. Police said the boy had been trying to drive from Kendall...
Nintendo’s NES Classic on sale at Best Buy for Monday only
Nintendo’s NES Classic on sale at Best Buy for Monday only

Best Buy announced Sunday that it will sell Nintendo's NES Classic for one day only on Monday. The game system has been discontinued by Nintendo, and Best Buy says it has only “limited quantities” available for sale. According to the chain, customers can buy only one NES Classic, and it is on a first come, first-served basis. There will...
More Stories