Judge withdraws plea deal for woman charged in crash that seriously injured Javier Perez

A South Florida woman accepted a plea deal Friday for a DUI crash that seriously injured the former principal of South Dade Senior High School.

However, Miami-Dade County Judge Diane Ward withdrew the plea deal. Marilyn Aguilera’s trial has been set to begin Dec. 11. 

The judge initially didn’t sign off on the deal because of concern about medication that Aguilera said she took in the morning. 

As part of the deal, Marilyn Aguilera would have pleaded guilty to three counts of DUI and would have been sentenced to four years in prison.

She would also have been sentenced to a year of house arrest following her release and two years of probation.

The former high school principal, Javier Perez, lost both his legs in the April 26, 2016, crash and another man, Elias Espinoza, was also injured.

Police said Aguilera was driving drunk when she struck the victims at a children’s baseball game at a West Kendall park.

Authorities said Aguilera remained at the scene after the crash.

Aguilera hired a new attorney this week, who told reporters that she is a childhood friend of the defendant and that she has agreed to represent her pro bono.

“This is unusual because she couldn’t pay her other lawyer,” Ana Davide said after a hearing on Monday. “Because she’s unemployed, she’s a single mom and has no money.”

Aguilera told the judge Friday that she took medication in the morning and Ward questioned her about the side effects of the drugs.

The judge admonished Aguilera earlier in court, telling her to “act like an adult and raise your right hand.”

Ward withdrew the plea deal after asking Aguilera whether she was OK with her representation and Aguilera began talking about the faults of her former attorney. 

Prosecutor Laura Adams said the plea deal was a below-guidelines offer because the victims wanted closure. 

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Surveillance video captures fatal shooting of AAA contractor in Kendall

Local 10 News learned Thursday that the fatal shooting of a AAA contractor in Kendall was captured on home surveillance cameras.

Jesus Esquivel, 63, is accused of shooting Magdiel Hernandez, 38, Tuesday because he was upset about the response time.

Police said Hernandez was sent to the service call only after another technician had refused to go because Esquivel threatened him over the phone.

According to sources who viewed the video, Esquivel pulled out a gun from his waistband about five minutes after Hernandez arrived and shot the victim multiple times in the face.

Sources said he then proceeded to beat Hernandez with a cane.

“The way it happened is just horrific,” church leader Mariane Salazar said. “He had a great heart. He was a great guy.”

Hernandez’s church family remembered him fondly Thursday, just two days after he was gunned down on a service call in the area of Southwest 87th Court in Kendall. 

“Words cannot describe how this community of faith and our church is feeling right now,” Salazar said.

Hernandez attended the Ministerio Intenacional El Rey Jesus for more than decade.

Salazar said Hernandez volunteered in almost every department.

“It’s been completely tragic, it’s unexpected. People are having a terrible psychological reaction to this,” she said.

The church is now gathering donations to bury him, possibly with his family in Nicaragua. 

Click here to donate to a GoFundMe page set up to help with funeral costs.

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Surveillance video captures fatal shooting of AAA contractor in Kendall

Local 10 News learned Thursday that the fatal shooting of a AAA contractor in Kendall was captured on home surveillance cameras.

Jesus Esquivel, 63, is accused of shooting Magdiel Hernandez, 38, Tuesday because he was upset about the response time.

Police said Hernandez was sent to the service call only after another technician had refused to go because Esquivel threatened him over the phone.

According to sources who viewed the video, Esquivel pulled out a gun from his waistband about five minutes after Hernandez arrived and shot the victim multiple times in the face.

Sources said he then proceeded to beat Hernandez with a cane.

“The way it happened is just horrific,” church leader Mariane Salazar said. “He had a great heart. He was a great guy.”

Hernandez’s church family remembered him fondly Thursday, just two days after he was gunned down on a service call in the area of Southwest 87th Court in Kendall. 

“Words cannot describe how this community of faith and our church is feeling right now,” Salazar said.

Hernandez attended the Ministerio Intenacional El Rey Jesus for more than decade.

Salazar said Hernandez volunteered in almost every department.

“It’s been completely tragic, it’s unexpected. People are having a terrible psychological reaction to this,” she said.

The church is now gathering donations to bury him, possibly with his family in Nicaragua. 

Click here to donate to a GoFundMe page set up to help with funeral costs.

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Shooting investigation underway in Kendall area, authorities say

A shooting investigation is underway Tuesday afternoon in Kendall, authorities said.

The incident was reported at 9955 S.W. 87th Court.

Sky 10 was above the scene just after 3:45 p.m. as a man was being taken into custody. 

A man who is in his 60s, appeared to struggle with officers as they attempted to place him into the back of a police cruiser. He eventually sat on the ground and was later taken away on a stretcher. 

His name has not been released. 

Police said the man and the victim, who has been identified as Magdiel Hernandez, 38, got into an argument prior to the shooting.

Hernandez, who is an employee of AAA,  had responded to the residence for a service call at the time of the incident. 

It’s unclear what sparked the argument. 

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A man who showed up at the scene told reporters that he believes that Hernandez is his nephew. 

“We were told by a co-worker that his manager is here,” Roberto Flavio said. “So he was dispatched to probably service a battery, give him a jump start or maybe change a battery, and it’s unbelievable — he’s a very good guy, good serviceman, good individual. He has been doing this for years and I can’t believe it. I’m in shock.”

Victor Cazanas said he is a friend of Hernandez’s. 

“This guy didn’t start problems,” he said. “He goes to church every Sunday. It is incredible. Unreal it happened.” 

A second man who was injured in this incident was taken to Baptist Health for medical care, police said. 

 

 

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Shoplifter pepper-sprays security guard at store in Kendall, police say

A shoplifter pepper-sprayed a security guard earlier this month at a store at The Palms at Town and Country, authorities said.

The incident was reported June 17 at Forever 21’s even cheaper F21 RED store.

According to an incident report, a woman saw the thief putting clothes into a shopping bag without paying for the items and notified the store’s security guard.

Miami-Dade police recently released surveillance video that shows the shoplifter pepper-spraying the security guard before taking off with a bag full of stolen merchandise.

 

It’s unclear how much the merchandise was worth. 

According to an incident report, the store was evacuated because of the chemicals in the air.  

Anyone with information about the woman’s identity is asked to call Miami-Dade Crime Stoppers at 305-471-TIPS.

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Woman attacks 16-year-old son after getting upset with his driving, police say

A 45-year-old woman was arrested Thursday in Kendall for abusing her 16-year old son while he was driving, authorities said.

According to an arrest report, Gamaly Hollis was apparently upset by her son’s driving and attacked him in the area of Southwest 88th Street and 137th Avenue.

Police said she bit him, pulled his hair and then made him get out of the vehicle.

He was later found by someone passing by and was taken to the Hammocks Police Station, where he was treated and released by Miami-Dade Fire Rescue.

Police said Hollis drove to her house, where she was later picked up by police and taken to the police station.

Hollis faces one count of aggravated child abuse.

Article written by Local 10 News Intern Maya Punjwani.

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