Emily Hernandez Vehicular Manslaughter Case: Why the Delay in Arrests?

Emily Hernandez Vehicular Manslaughter Case: Why the Delay in Arrests?

The recent incident involving Emily Hernandez, a woman accused of vehicular manslaughter after a drunk-driving crash that killed a 32-year-old woman and injured others, has raised questions about the timeline of her arrest. This case is further complicated by her involvement in the January 6th Capitol Insurrection. Here, we explore why the arrest by the Wisconsin State Highway Patrol or local prosecutors has not yet occurred.

Arrest in Missouri

Despite the intensive coverage and public outrage, Emily Hernandez has been arrested. When a serious crash occurs resulting in injuries or fatalities, the police often secure the arrest of the perpetrator, even if they are in a hospital for treatment. It's common for officers to keep an eye on arrestees as they receive medical attention, ensuring they do not flee or pose a threat.

The arrest of Emily Hernandez occurred in Missouri, where the crash took place near St. Louis. The Missouri State Patrol had the jurisdiction and likely made the arrest as the incident occurred within their region. This explains why there was an initial delay in her arrest by Wisconsin authorities, who are typically responsible for such cases within their jurisdiction.

Missouri vs. Wisconsin Jurisdiction

The nature of the crime and the location of the incident play significant roles in how investigations and arrests are handled. Vehicular manslaughter and drunk driving cases are typically managed by the state in which the incident occurred. In this case, the Missouri State Patrol has the responsibility to investigate and charge any individuals involved.

However, it's common for cases to be transferred between jurisdictions, especially when evidence or suspects are in different locations. While the initial arrest occurred in Missouri, it's perfectly plausible that charges will be brought by Wisconsin authorities if new evidence or legal requirements emerge.

Charges and Toxicology Report

The process of filing charges often involves a thorough investigation and the collection of evidence. In Emily Hernandez's case, the police have taken the first steps in charging her with vehicular manslaughter, including DWI (Driving While Intoxicated) causing death and injury. The next step is obtaining the results of her toxicology report to determine her Blood Acetaldehyde Content (BAC) at the time of the incident.

Lawyers and prosecutors typically require this crucial information before filing formal charges. The toxicology report helps establish the exact level of alcohol and any other substances in her system, which can significantly impact the level and nature of the charges. Without this report, it would be premature to bring formal charges.

Emily Hernandez, an alleged insurrectionist, has also been involved in the January 6th Capitol Insurrection. However, her political activities are not directly related to the vehicular manslaughter charges. Prosecutors focus on the evidence surrounding the incident and do not mix unrelated charges for the sake of public opinion or political statements.

Conclusion

The delay in arrests for Emily Hernandez in the vehicular manslaughter case is a product of the legal process and jurisdictional limitations. Despite the public pressure and media attention, it's essential to allow law enforcement and prosecutors the time and resources to build a strong case. The committee's primary focus should be ensuring justice is served based on the facts rather than external pressures.

Should you have further questions or need more information, please refer to official sources and updates from law enforcement agencies. The case is still pending, and any new developments will be reported as they occur.