Fifty year sentence for continuous sexual abuse of a child

MONTGOMERY COUNTY, TX -- On Wednesday, December 14, 2022, The Honorable Judge Patty Maginnis in the 435th District Court sentenced Jose Horacio Hernandez, 48, to 50 years in prison for Continuous Sexual Abuse of a Child. Earlier that same day, a jury convicted the defendant after a three-day trial. Hernandez is not eligible for parole.

On Monday, December 12, 2022, Montgomery County District Attorney's Office prosecutors Wesley LeRouax and Jared Kenned selected a jury, beginning testimony on Tuesday morning. They presented evidence that Hernandez repeatedly sexually assaulted a young family member, starting at the age of eleven until she reported the abuse at age fourteen. The victim courageously reported the abuse to her mother, who notified law enforcement. Montgomery County Law enforcement investigated the allegations and filed charges against Hernandez. At trial, the jury heard the emotional testimony of the victim, her mother, and child abuse experts. Detective Chantal Ward from the Montgomery County Sheriff's Office testified about her investigation, including the collection and comparison of DNA at the scene of the assaults, which positively identified the defendant. After deliberating for approximately two hours, the jury convicted Hernandez of Continuous Sexual Abuse of a Child.

During the punishment phase, Assistant District Attorney LeRouax asked Judge Maginnis to consider the impact the abuse had on the victim when deciding Hernandez's punishment. The defendant had no prior criminal history.

The Montgomery County Sheriff's Office, the Montgomery County District Attorney's Office, Texas Department of Public Safety, Texas Forensic Nurse Examiners, and our partners at Children's Safe Harbor assisted in providing the evidence and support necessary to bring the victim justice.

Assistant District Attorney Wes LeRouax: 'These cases are hard on everyone involved, including the victim, law enforcement, and jurors. Fortunately, because of the bravery of our victim and the perseverance and professionalism of those who came to her aid, this jury was able to discover the truth of what happened here.'

District Attorney Brett Ligon: 'For three long years, this young lady underwent horrible terror, abuse, and shame. During that time, she believed no one would ever know, much less care, about what was happening to her. Fortunately, because she was able to find the courage to tell someone, we were able to bring accountability for these monstrous acts. We hope healing can begin for this young woman and her family.'