Commonwealth v. Carlos Hernandez; Illegal Immigrant Pleads Guilty to Oceanfront Rape, Abduction

Release Date: Wednesday, January 26, 2011 3:15 p.m.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Carlos Hernandez, 24 years old, previously residing in the 2500 block of Gilmerton Road in Chesapeake, Virginia pleaded guilty before Circuit Court Judge Stephen C. Mahan to charges of Rape, Abduction with the intent to Defile, and Conspiracy. The sentencing will take place on June 1, 2011.

Had this matter gone to trial, the Commonwealth’s evidence would have proved that on the evening of September 14, 2010, the victim was walking through the McDonald’s parking lot at the intersection of 21st Street and Pacific Avenue in Virginia Beach on her way to a friend’s house. Carlos Hernandez and his co-conspirator were driving around the city in a black Sport Utility Vehicle with the intention of abducting and sexually assaulting a woman. Upon seeing the victim, Hernandez’s co-defendant exited the SUV, hit her in the head, placed a knife to her neck, and forced her into the SUV. The men drove on the interstate, taking turns sexually assaulting her at knifepoint until she persuaded them to stop at a 7-11 store in Chesapeake. The victim ran into the store and reported the incident to the clerk, who called the police. Chesapeake police located the vehicle a short distance from the store and apprehended both men. When questioned by a detective with the Virginia Beach Police Department, Hernandez confessed to his involvement in the attack. A knife was located inside the vehicle when searched by Virginia Beach Police.

Hernandez continues to be held on a Detainer by Immigration and Customs Enforcement (ICE). “Presumably, he will be deported by federal authorities after serving his sentence,” Bryant said.

Deputy Commonwealth’s Attorney Thomas M. Murphy and Associate Commonwealth’s Attorney Paul J. Powers prosecuted the case. Please call Macie Pridgen if additional information is desired.

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