LIVINGSTON COUNTY – A Monroe County man found guilty at trial of two assaults at the Livingston County Jail was sentenced to the maximum prison time allowable by law on Thursday.
Orlando Hernandez, 44, was sentenced to 14 years in prison: 7 years with the NYS Department of Corrections and 5 years of post-release supervision for each of two counts of felony Assault in the Second Degree.
“I think this case goes to show that in Livingston County, if you’re the victim of a crime, the DA’s Office will prosecute that crime, no matter what you have done,” said Livingston County Assistant District Attorney Justin Hill, who prosecuted the case, after trial in October 2016. “Boo Henry did lead law enforcement on a week-long manhunt in 2015. His actions did ultimately lead to a Sheriff’s Deputy becoming injured. But he was the victim of a vicious assault, and we followed through with this case against his attacker as we would any other.”
At the time of the assaults, Hernandez was an inmate at the Monroe County Jail being held at the Livingston County Jail. Livingston County regularly houses Monroe County and Federal inmates due to overcrowding or complications at other facilities.
Video surveillance from the Livingston County Jail shows Hernandez with Henry, 36, and other inmates engaged in an intense game of handball. At one point there was a verbal dispute, during which Hernandez punched Henry seven times, splitting his jaw down the middle. Hernandez then stormed off, and inmate Allan Sullivan, 40, said something to him. Hernandez then punched him, knocking him from his chair. Jail Deputies arrived and took Hernandez away from the area, later arresting him.
Hill met with Henry, then at Bare Hill Correctional Facility serving a sentence for Assault in the Second Degree. Hill said that one year after the incident, Henry still cannot eat hard foods. It hurts him to yawn. He will likely need surgery later in life.
Sullivan suffered some hearing loss and pain after the assault.
Both Henry and Sullivan testified at the trial against Hernandez. So did Captain Jeff Hammond, Corporal Boe Langless, Deputy Adam Shultz, and Deputy Kurt Uhl, all of the Livingston County Sheriff’s Corrections Division.
Hernandez himself then took the stand, and said that he did what he did in self-defense. He said that he felt that Henry and Sullivan presented clear threats to him. At the time, he was a Monroe County inmate housed at the Livingston County Jail.
The jury returned a guilty verdict after approximately two hours of deliberations.
“I commend Justin for a great job and the jail staff for all their efforts in gathering evidence,” said District Attorney Greg McCaffrey. “This was a classic case of an experienced prosecutor getting a great result.”
Hernandez is a second violent felony offender, making his sentence harsher than a first-time offender.
Hernandez according to the NYS Department of Corrections, Hernandez has spent three short stints in prison at Five Points, Attica, and Greene Correctional Facilities over the past 18 years. Respectively, these prison sentences were for Criminal Possession of a Weapon in the Second Degree, Attempted Robbery in the Second Degree, and Criminal Possession of a Controlled Substance in the Fifth Degree.