Ferman Hernandez, 31, waived his right to a reading of charges Tuesday afternoon during his first court appearance on charges of involuntary manslaughter and hunting without completing a hunter education course.
Charges against Hernandez were filed last week in Lyon County District Court, in connection with the shooting death of Alfonso Barajas Sr., 50, on March 21 at a suburban home on the southeast edge of Emporia.
The hearing Tuesday was before District Judge Jeffry Larson, with Assistant County Attorney Amy Aranda representing the state.
Larson asked Hernandez if he understood that he was waiving the right to hear the charges read against him in court. Hernandez responded that he did.
Larson explained that, if convicted, Hernandez could be sentenced to up to 136 months in prison and a $300,000 fine on the involuntary manslaughter charge and up to 30 days in jail and a $500 fine for having no hunter education certification.
An affidavit filed in the case by Lyon County Sheriff’s Deputy Jeff Briggs stated that he and another officer arrived at the scene of the shooting as Lyon County/Emporia emergency medical technicians were moving Barajas into an ambulance to be taken to Newman Regional Health.
Barajas and Hernandez were among a small group of people who were having a fish fry outside the home.
Barajas was bending over a small table to clean a wild rabbit that had been shot, the affidavit stated.
Briggs stated that Dave Adams of the Kansas Department of Wildlife and Parks had interviewed Hernandez at the Lyon County Jail. Hernandez told Briggs that he had stepped out of a shed and up to the table when he saw some birds immediately to the east.
“He told Adams that he picked up the rifle, raised it to his shoulder and fired,” the affidavit stated. “He said that as he did this, the victim, Barajas, straightened up and was accidentally struck by the bullet.”
Hernandez said that he had drunk five or six beers since he arrived at the location three or four hours earlier. His blood-alcohol content, taken at 9:37 p.m. at the Lyon County Jail, was 0.024, the affidavit stated.
Wildlife and Parks personnel could find no record of the required hunter-education certificate for Hernandez.
Hernandez’s next court appearance will be at 9 a.m. on May 9. He remains free on a $20,000 bond.