Alleged gunman's case sent to grand jury

MOBILE,Ala.(WALA) - U.S. Magistrate Judge William Cassady said Thursday Robin Hernandez's federal charge will go to a grand jury. He is facing a federal charge of being a drug user in possession of a firearm.

An FBI agent, Andrew Davis, testified authorities found marijuana residue, seeds, homemade pipes and other drug paraphernalia in Herandez's home two days after the the suspect brought firearms into the Fairhope Church of Christ.

Two days after the church incident on July 1, drug test results later found traces of THC, a chemical found in marijuana, in Hernandez's blood.  

The prosecution believes there is enough evidence to prove Hernandez was engaged in drug use. Defense attorney John Beck disagrees.

"The government wanted to find a way to arrest this young man and this is pretty much all they could come up with," said Beck.

Beck said the government has to show Hernandez was under the influence of marijuana at the time he possessed and used a firearm.

"Based on what we are seeing, they aren't going to be able to prove that," said Beck.

When Beck cross-examined Davis and asked if there was marijuana found on Hernandez after the incident, Davis answered no. Beck also asked if there were any drugs found in the suspect's car. Davis said he recalled drug dogs made a "positive hit" but he doesn't believe any drugs were found in the car.

As for the drug test results, Beck said he may get his own expert to interpret it.

"The question is how long can that chemical stay in your system. I've heard that residual signs of marijuana use can stay in someone's system for up to three months," said Beck.

The prosecution said the seeds and residue found through a search warrant prove the drug was at one point in the suspect's home. Beck said the assumption Hernandez was a habitual drug user is speculative at best.

"Nobody agrees with the judgment that was used by Hernandez at the time. But what he did was not against the law. It may have been uncomfortable, it may have been strange, but it wasn't against the law," he said.

Hernandez served in the military and was honorably discharged. Beck said his client saw heavy combat and is still dealing with the aftermath of his service. Beck said he wants to help get him the help he needs.

"The only thing I'm going to say about any psychological evaluation is that we want him to be evaluated further. We want to give him the help that he needs and that he deserves after serving his country for so long," said Beck.

Judge Cassady said if Hernandez is indicted my a grand jury, he will be moved to a Federal Bureau of Prisons and will be evaluated.