Man convicted in A.G. cross burning could be headed back to prison
A San Simeon man who was initially sentenced to 11 years in prison for his role in burning a wooden cross outside the home of an African-American Arroyo Grande resident is once again facing prison, this time for weapons charges.
Jeremiah Leo Hernandez — who was referred to by his nickname “Smurf” during the nationally publicized case — faces two felony counts of possession of a firearm by a felon and unlawful possession of ammunition, a charge that carries several criminal enhancements.
If convicted on all counts, Hernandez, 38, faces up to seven years and eight months in state prison.
Assistant District Attorney Lee Cunningham said Tuesday that Hernandez was arrested by the CHP on Oct. 7 after he was found in possession of a firearm.
In a preliminary hearing Tuesday, San Luis Obispo Superior Court Judge Michael Duffy upheld both charges against him and scheduled a second arraignment for Nov. 8.
Hernandez was convicted in June 2012 of arson, terrorism in the form a cross-burning, terrorism in the form of arson targeting a person’s race, and conspiracy to commit a crime. He was the last of four defendants convicted for the July 2011 burning of a wooden cross outside an Arroyo Grande teenager’s home. News of the case gained national media attention.
In August 2014, a 2nd District appellate court ruled that two of Hernandez’s arson and terrorism convictions were not valid when combined with the similar, more serious conviction of burning a cross. The appeals court ordered that the two counts be dismissed and his sentence adjusted.
California Department of Corrections and Rehabilitation spokeswoman Terry Thornton said that Hernandez was placed on post-release community supervision after his release from prison, but referred all other questions about him to the San Luis Obispo County Probation Department. A spokesman there could not immediately be reached.
Hernandez’s attorney Pierre Blahnik, who did not represent him in the 2012 case, declined to comment on the current case.
This story was originally published October 25, 2016 at 5:29 PM with the headline "Man convicted in A.G. cross burning could be headed back to prison."