Contributed Photo/Courtesy GCSO: Thomas Hernandez has been charged with aggravated assault and disorderly conduct with a weapon for an incident last December in which he shot a person in what he called self-defense.
Man faces prison after shooting brother in home invasion
By Jon Johnson
SAFFORD – A man who said he fired a single shot in self-defense out of fear of an aggressive home invader now faces a prison sentence.
Thomas Hernandez, 28, has been charged with aggravated assault with a deadly weapon and disorderly conduct with a deadly weapon. The incident occurred on Dec. 16, 2023, and his case was bound over to Graham County Superior Court on Dec. 27, 2023.
Hernandez was at his residence when his brother called him irate about running into a person he didn’t like who was out with Hernandez’s girlfriend at a local bar. The man was the girlfriend’s cousin. Hernandez said his brother called again a while later and advised he was going to Hernandez’s house to confront him about the situation.
According to a Safford Police report, Hernandez retrieved a handgun from another resident in the home and waited outside for his brother to arrive.
The brother pulled up to the house with his girlfriend, and as he began walking up the walkway Hernandez told him to stop and talk about the situation. Hernandez said he was afraid his brother was going to harm him, so he pointed the handgun at him. However, he said his brother did not stop and he lowered his weapon. The brother then yelled at Hernandez in his face and pushed him, according to Hernandez’s statements to police. Hernandez said after being pushed he fired the gun, striking his brother in his thigh.
Officers seized a Taurus handgun and one spent 9mm shell casing as well as a magazine with 10 additional rounds, and took Hernandez into custody.
An officer later met with the victim at Mt. Graham Regional Medical Center, where he was advised that the bullet had fractured the victim’s femur. The brother said he knew Hernandez was afraid of him and that the incident was his fault and did not wish to press charges. He also said he never saw the handgun.
Hernandez was booked into jail that night and was later released on bond. His case is now set to be adjudicated in Graham County Superior Court.
