DA: Looking at suspect's mental state

BAY MINETTE, Ala.(WALA) - Baldwin County District Attorney Hallie Dixon said her office doesn't have all of the facts yet. She said right now, they are looking at Robin Hernandez's current mental state and his condition at the time of the incident.

Fairhope Police Department arrested Hernandez after receiving a call that he had entered a church dressed in his military uniform armed with an assault rifle slung across his chest. Police said members told them he sat down on a pew with his wife.

Investigators said when they arrived, he didn't resist arrest, and they found a loaded pistol a backpack of ammunition and a first aid kit with morphine pills on him.

Fairhope Church of Christ confirms the accused gunman and his wife were members of the church.

Dixon said at first glance, the Hernandez case had the potential to be dramatic.

"His behavior on that day is extremely disturbing, and I can't imagine having to deal with that in all places, at church," said Dixon.

But Dixon said it's her job to let the evidence lead the investigation, and right now the evidence has lead to the following charges: possession of a controlled substance, illegal possession of prescription drugs, possession of a concealed weapon without a permit and disorderly conduct.

The possession of a controlled substance is a felony, the rest are misdemeanors.  When FOX10 asked if Hernandez would face any further charges, Dixon answered by referring to the condition Hernandez was in at the time.

"He had spent four years of active duty with the Marine Corps and was in his uniform, his actual military gear. Again, that's at this point in the investigation.  There are two possible ways at looking at this, and the investigation should tell us which way to look at it," said Dixon.

Dixon said her office will not speculate on what Hernandez's intent was at the time of the incident.

"Based on the evidence that we have, we have to determine is this a person who made a a very dumb decision that broke the law and was somewhat juvenile approach to a conflict, or is this a person who is a true time bomb," said Dixon.

An expert will conduct a psychiatric examination of Hernandez. and when that is complete, Dixon said that will determine whether or not he is a threat to the community.

"I'm not gong to make a monster of a man, like I said, until we know he is a danger to people," said Dixon.

FOX10 asked if Hernandez's wife will face any charges. Fairhope Police Department said Tuesday she was carrying a walkie-talkie and an earpiece when she and her Hernandez walked into the church.

"They were both carrying walkie-talkie radios earpieces and microphones so they both had means of two way communication with each other," said Sgt. Craig Sawyer.

But the DA's office said its unclear whether she had the equipment.

"The facts that I'm aware of are not evidence that she was communicating with him," said Dixon.

Right now, there are no state charges filed against Hernandez and we are told the FBI is conducting its own investigation.