A judge has turned down a bid to lower bail for a young driver who is charged with murder when he allegedly drove his vehicle into a couple in the Crown Point area while under the influence of alcohol.
San Diego Superior Court Judge Marian Gaston heard arguments from the prosecutor and attorney for Nestor Alejandro Hernandez, 22, who is charged with killing Vanessa Urbina-Aragonez, 22, and injuring her boyfriend, Brian Armente Zamora, 24.
Hernandez’s parents, his pastor, his employer, grandmother, siblings, and three cousins showed up on April 5 in support of him as attorney Jamahl Kersey asked that he be released on a supervised own recognizance order. He said he could not afford even a $100,000 bond figure.
Urbina (above) was attending Mesa Community College and was studying to become a nurse, according to her brother, who wrote on a GoFundMe request for her funeral expenses she had a great sense of humor and a generous heart.
Urbina and Zamora were standing outside their disabled Chevrolet Tahoe, which had a flat tire in the 3400 block of Riviera Drive of Pacific Beach. They were waiting to be picked up by an Uber rideshare when Hernandez’s Toyota Tacoma crashed into them on Jan. 22 at 1:30 a.m.
Kersey said the car was “illegally parked in a red zone,” but there was “an unusual set of circumstances.” He did concede that Hernandez’s blood/alcohol level was .16, which is twice the level for felony drunk driving, but he would be willing to wear a device that could monitor any alcohol use.
Hernandez is a youth group leader at his church, said Kersey, and he works in construction. “Nestor, by no means, is a violent person,” said Kersey.
Deputy District Attorney Laura Evans said Hernandez was driving at 60 mph in a 25 mph zone and the passengers in his car were his cousins. “He put his own family at risk,” said Evans.
Evans said Hernandez is on probation now for a drunk driving conviction in which he drove at .19 blood/alcohol level and hit a telephone pole. She said he was supposed to not drink and drive while on probation, but he still did it anyway.
Evans said he is charged with murder because he is a public safety risk. Armenta is still in a wheelchair, she said. Evans asked the judge to deny bail.
“There’s a lot of evidence he’s a good person,” began Gaston, who then cited his prior record of driving with a blood/alcohol level of .19.
“There is failure to follow previous court orders,” said Gaston. “Bail will remain at no bail.”
A preliminary hearing is set for May 16.
Hernandez has pleaded not guilty to all counts which also include gross vehicular manslaughter while intoxicated, driving under a measurable blood/alcohol level, and injury to another while driving while intoxicated.