Unfinished Lives

Alleged Butcher of Richard Hernandez Wins Mistrial for Meds Excuse

Seth Winder

Denton, Texas – For the second time in a history of delays and postponements, Richard Hernandez’s alleged murderer was ruled “incompetent to stand trial” on November 18 by a Denton County judge.  Seth Winder, 31, was ruled unable to assist in his own defense by District Judge Bruce McFarling after an examination finding him either unmedicated for his diagnosed mental impairment, or insufficiently dosed, according to the Crime Blog of the Dallas Morning News.  Winder exhibited nearly catatonic behavior during the third day of the trial–evidencing that he had received none of his prescribed drugs for his schizophrenia, or that he had been spitting out and hiding his nighttime dosages, perhaps for weeks before the trial began. No explanation was given for how Winder could have been considered fit for trial on November 16, but zombie-like two days later.  Neither was there an explanation of how jailers and med staff at the Denton County Jail could have so woefully neglected to make sure their smart-though-impaired inmate took his meds as directed and actually swallowed them.

Instead of completing the trial process for the gruesome murder and dismemberment of the openly gay Dallasite, Winder was sent to the North Texas State Hospital in Vernon for treatment.  The Dallas Observer speculates that Winder may not ever face trial again for the Silence-0f-the-Lambs-style butchery of  38-year-old Hernandez, whose body was never found–save for his internal organs left in the bathtub of his Far North Dallas apartment in September 2008.  This marks a second instance that Winder was found unfit to stand trial because of mental issues, the first being in May 2009.  Observer reporter Brantley Hargrove found legal opinion divided on whether the Colony resident will have another day in court.  Winder’s Defense Attorney, Derek Adame, says he seriously doubts another trial will take place. Denton County Assistant District Attorney Cary Piel, however, believes Winder will face judge and jury again, probably in April 2012.

Winder stands accused of murdering Hernandez in the gay man’s apartment, though the reasons for their relationship remain murky.  Both the Morning News and the Observer repeated the unproven allegation that the victim and his supposed killer were gay lovers.  Hernandez’s best friend, Rudy Araiza, has staunchly denied the possibility that Winder and Hernandez were ever “lovers,” and makes that point again in a blog response to the Dallas Morning News allegation. “Richard and Seth were ‘Never’ boyfriends!” Araiza said. “I’m not sure why this newspaper is making that statement, I knew Richard for 22 years, I would know!”  It may be another instance in which a grisly anti-gay hate crime is toned down for public consumption by partially blaming the victim for his own demise.  Media around the country have a notorious record for succumbing to this sensationalist temptation.  Investigators said they found pornographic pictures of Winder on the cell phone he lifted from the Hernandez apartment, though no proof has been offered of who took the images, or what they actually depict.

Although the murder weapon was never found, police did retrieve a sword stained with Hernandez’s blood in the tent where Winder was living. Detectives say that Winder used the sword to cut up the gay man’s body.  The dismembered parts of the victim were probably disposed of in a nearby dumpster, and then buried under tons of garbage in a landfill, making the body impossible to locate.  Winder’s use of Hernandez’s credit cards led police to arrest him.  Witnesses placed Winder in Hernandez’s apartment complex at or near the time of the gay man’s disappearance. Forensics found that the blood stains on Winder’s clothing and shoes were a genetic match to the victim.

So, Seth Winder, either crazy like a fox, or a neglected patient (or both), has avoided the jury again.  Meanwhile, Richard Hernandez, who in death cannot answer the innuendo against his character, receives no justice.  The eerie quiet throughout North Texas surrounding this latest trial development in one of the most heinous crime cases in Dallas history seems to confirm  that many have an investment in hushing the whole thing up. Which would not be the first time such a thing has happened in Texas when it comes to violence against the LGBTQ community.

November 30, 2011 Posted by unfinishedlives | Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Decapitation and dismemberment, Evisceration, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Law and Order, LGBTQ, Media Issues, Perpetrators of Hate Crime, Texas | Anglo Americans, anti-LGBT hate crime murder, Blame the victim, Decapitation and dismemberment, Evisceration, gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, Latino / Latina Americans, Law and Order, LGBTQ, Media Issues, perpetrators, Texas | Comments Off on Alleged Butcher of Richard Hernandez Wins Mistrial for Meds Excuse