The Fresno County District Attorney’s Office withdrew a murder case against Joseph Hernandez who has been accused of killing Maria Guadalupe Garcia Gaspar, 17, in late 2021, citing a lack of evidence.
The defendant, 21-year-old Joseph Hernandez, breathed deeply as Senior Deputy District Attorney Kelly Smith announced the news to Judge Mark Cullers.
“We could proceed,” Smith said, “but after further investigation and discussions with the defense, we discovered we did not have adequate evidence to proceed to trial.” “We would not have gotten a guilty verdict if we had gone to trial at this point.”
Smith kept the option of re-filing the murder charge open if new evidence is revealed.
Joseph Hernandez’s lawyers, Ian Heuston and James Homola, declined to comment.
Joseph Hernandez could face a potential sentence of 77 years to life in prison if convicted.
Joseph Hernandez will remain in jail for the time being because his robbery accusation is still pending.
On Friday, the victim’s family could not be located, and the inquiry into who murdered Gaspar, a junior at Kings River High School, is ongoing.
Neighbors reported hearing multiple gunshots shortly before midnight on the night of the shooting, December 12, 2021. In the 1300 block of I Street in Sanger, police recovered several expended shell casings, a white athletic shoe, and Gaspar’s body.
It took roughly two weeks for Sanger investigators to gather together evidence of the crime where Joseph Hernandez is the primary suspect. Joseph Hernandez’s DNA was found on the shoe laces of the white shoe found at the site, and on one of his social media profiles, Joseph Hernandez was also holding a firearm and wearing shoes similar to the ones found near the incident. Joseph Hernandez also drove a car that was noticed in the neighborhood the night of the shooting.
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