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News Article Review: Criminal Law Assignment
PLST 230: Criminal Practice and Procedure
Bridget Hale
Professor Benjamin Kontaxes
April 21, 2024
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A Louisiana man, David Hernandez, was arrested on April 15th, 2024, and charged with
second-degree murder and obstruction of justice. It was documented that David had begun
stalking and tracing his wife, whom he was separated from, and later murdered her. La. Man
arrested after allegedly stalking estranged wife and killing her, staging it as burglary, True
Crime Daily, (accessed April 21st, 2024, at 8:40 PM),
https://truecrimedaily.com/2024/04/17/louisiana-tangipahoa-parish-lisa-hernandez-david-murder-
stalking-estranged-wife-obstruction-justice/. March 20th, officers went to the home of Lisa
Hernandez. They encountered her bloody body on the floor of her room. First responders did
their best to save her but were ineffective. Id. Once the homicide investigation began, it revealed
that David had been stalking his estranged wife, sending her flowers she was allergic to, placing
a tracking device on her vehicle, and showing up at her place of work without warning. Audrey
Conklin, Louisiana man allegedly stalks estranged wife, sends ‘death flower’ before killing her:
police, Fox News, (accessed April 21, 2024, at 8:51 PM),
https://www.foxnews.com/us/louisiana-man-allegedly-stalks-estranged-wife-sends-death-flower-
before-killing-her-police. Investigators believe that David tried to stage a burglary at Lisa’s home
after killing her. He used objects in the house to kill her and then tried to hide them in Lake
Pontchartrain. Id. Detectives recovered the missing items later. Id.
David Hernandez has been charged with second-degree murder per Louisiana’s laws.
According to the law, “Second degree murder A. Second degree murder is the killing of
human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm;”
La. Rev. Code 14 §30.1 (2015). The standard law description of second degree murder is ”
Second-degree murders differ from first in that the defendant lacked the specific intent to kill or
lacked the premeditation and deliberation element of first-degree murder.” Daniel E. Hall, J.D.,
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Ed.D., Criminal Law and Procedure 105 (7th ed. 2015). Looking up Louisiana’s first degree
murder requirements, David does not meet those requirements and cannot be charged with first
degree murder. David meets the requirements for second degree murder as he had the specific
intent to kill or inflict great bodily harm. Evidence shows that he stalked and then murdered Lisa
in her home.
The second charge David has been indicted on is obstruction of justice. The statute for
obstruction of justice in Louisiana is “Obstruction of justice A. The crime of obstruction of
justice is any of the following when committed with the knowledge that such act has, reasonably
may, or will affect an actual or potential present, past, or future criminal proceeding as described
in this Section: (1) Tampering with evidence with the specific intent of distorting the results of
any criminal investigation or proceeding which may reasonably prove relevant to a criminal
investigation or proceeding. Tampering with evidence shall include the intentional alteration,
movement, removal, or addition of any object or substance either:” La. Rev. Code 14 §130.1
(2015). David has rightfully been charged with obstruction of justice as evidence was found that
he removed items from Lisa’s home that he had used in the commission of her murder. He
tampered with the evidence and intentionally removed them to take suspicion off of himself.
David has been accused and charged with a heinous crime, the murder of his wife. The
evidence found by officials thus far backs up the charges. The Bible clearly explains murder in
many different scriptures. “Whoever sheds the blood of man, by man shall his blood be shed, for
God made man in his own image.” Genesis 9:6 (ESV). Obstruction of justice is also an example
of lying or hiding the truth. David tried to stage a burglary and hide the evidence of his
wrongdoing. Luke 12:2 says, “GNothing is covered up that will not be revealed, or hidden that
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will not be known.” From a Christian perspective, David committed a horrendous crime and tried
to cover it up. His actions have consequences, especially when he leaves the world.
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