Man with history of DWIs to face judge

JOHNSTON COUNTY Hipoloto Hernandez has been charged multiple times with drunken driving. He originally gave officers a false name at the scene of one of the incidents.

Today he will face a judge in one of those cases. Officers say Hernandez's blood alcohol level was more than twice the legal limit when he lost control of his car in April 2008. It hit and killed 7-year-old Marcus Lassiter.

Investigators say Hernandez was travelling about 70 mph, which was 25 mph above the posted limit. The incident was not his first run-in with the law.

He was arrested for drunken driving three times before and one of those cases from 2007 is pending. The other two charges were dropped when the officer didn't show up for court.

"I hope the murder charges do stick because he did kill a child, regardless of whether he was drunk or not," said Jennifer Hamilton, the victim's neighbor. "It was his choice to take that first drink and then his choice to get behind the wheel of the car."

Hernandez's attorney in the dismissed cases was Lee Hatch and the prosecutor in one case was Cyndi Jaeger.

Both attorneys are facing charges in the Johnston County ticket fraud case.

This time Johnston County prosecutors and law enforcement officers want to get Hernandez off the streets for good.

Eyewitness News will bring you the latest on today's court appearance as soon as the details become available.

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