Jury Finds Gentry Man Guilty

BENTONVILLE — A jury didn't believe a Gentry man when he claimed he was the victim at his rape trial.

It took the seven women and five men about an hour Wednesday to find Oscar Hernandez, 29, guilty of two counts of rape, a Class Y felony. The trial lasted two days.

Hernandez, wearing a purple shirt and black pants, stood between Janette McKinney and Sergio Barron, his attorneys, as the verdicts were read. Hernandez wore headphones so an interpreter could translate the proceedings for him.

He was sentenced to 25 years in prison on one rape count and 32 years on the other count. The sentences will be served concurrently. Hernandez must serve at least 22 years in prison before he is eligible for parole. He also will be required to register as a sex offender. Rape normally carries a prison sentence ranging from 10 to 40 years or life in prison. A conviction of raping a child 13 or younger carries a minimum sentence of 25 years.

Hernandez was arrested April 29, 2011, in connection with allegations he had a sexual relationship with a 12-year-old girl.

The girl, now 15, said Tuesday she met Hernandez in 2010. He used to play soccer with children in her neighborhood. She told jurors the two had sex on several occasions.

Jurors heard an interview where Hernandez admitted having sex with the girl. He also wrote a letter of apology to the girl. The letter was submitted as evidence.

Hernandez said he had several beers at a party and agreed to drive the girl and her younger brother home. Hernandez claimed the boy fell asleep in the back seat of the vehicle.

Hernandez testified in Spanish, and an interpreter translated his words into English at the trial.

Hernandez told the panel he passed out in his vehicle after arriving at the girl’s home and woke up later with the girl on top of him. He said he pushed her off him and he later returned to the party.

“I don’t remember anything,” said Hernandez, who told jurors he doesn't usually drink alcohol.

Hernandez described himself as the victim during questioning from Stuart Cearley, chief deputy prosecutor.

“If you are looking for a victim, you could say I am the victim because she did something to me,” Hernandez said.

“You knew it would be wrong to have sex with a 12-year-old girl,” Cearley asked Hernandez.

Hernandez said he knew it was wrong, but again, he claimed to be the victim.

“I was the one abused, but they did not let me explain that,” Hernandez said of his interview with law enforcement.

Hernandez also claimed he didn't know how old the girl was until he was questioned by police.

He also claimed his statements during a police interview were misunderstood because of a language barrier. He admitted during the interview he had sexual contact with the girl on two occasions.

Hernandez said he was a volunteer firefighter for Gentry and West Siloam Springs, Okla. Cearley pointed out during the cross examination Hernandez understood English in life-and-death situations but claimed at trial he was confused during the interrogation.

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