By Lynda Jones
A domestic dispute turned into a violent episode where three children allegedly were endangered and in imminent danger of bodily injury Friday night, Sept. 15, according to a Warrantless Arrest Probable Cause Statement filed by the Crockett Police Department.
CPD Lt. Lonnie Lum was dispatched to a residence on Cedar Street in reference to a disturbance involving weapons.
The Maximo Orduna reported his bedroom is next to his sister's, and that he heard her and her common law husband, Luis Alfredo Hernandez, 24, arguing. According to the police report, Orduna said the dispute sounded physical so he went to the couple's room to find Hernandez allegedly on top of Orduna's sister, Jessica Orduna, choking her.
The police report alleges, "Maximo said that he pulled Luis off of his sister and then Luis punched him in the right side of his face. Luis then pulled a pistol from a holster on his side and pointed it at Maximo telling him not to interfere or he would shoot him."
The report further alleges, "Maximo said that Luis then cocked the gun and a bullet fell out on the floor. He described the gun as a silver in color semi-automatic pistol with brown handles."
The disturbance reportedly continued in the living room, with Hernandez allegedly retrieving a "machine gun" (an AK-90 reportedly was found while executing a search warrant) and sitting down on the couch with it.
Maximo Orduna reportedly tried to get his sister and the three children to leave with him, but she stayed while Maximo waited outside for the police. Jessica Orduna denied seeing any weapons or being choked.
Lum reported observing and photographing red marks on both sides of her neck consistent with the report of being choked.
Hernandez was placed under arrest and transported to the Houston County Jail. By the time the process was complete, Hernandez was charged with the following offenses:
- Abandoning or enddangering a child with imminent danger of bodily injury (x3 - one charge for each child) for allegedly displaying a weapon and threatening to shoot Maximo Orduna in the proximity of the children (second degree felony);
- Aggravated assault of date/family/house member with weapon, for allegedly pointing the pistol at Maximo Orduna and threatening to shoot him while both men live in the same house (first degree felony);
- Assault family/house member - impede breath/circulation, for allegedly putting his hands around Jessica Orduna's throat and choking her, his common law wife (third degree felony).
- Assault causes bodily injury family member, for allegedly hitting Maximo Orduna in the face with his fist (Misdemeanor A);
- Possession of controlled substance in Penalty Group 1, <1 gram (allegedly found during booking process at jail) (state jail felony);
- General violation for possession of fake or fictitious Texas ID (Misdemeanor A, allegedly found in wallet at jail);
- General violation for possession of fake or fictitious Social Security card (Misdemeanor A, allegedly found in wallet at jail).