`
`File No.
`
`Law Enforcement Case No.
`
`
`
`20240623222100
`24CR341627-590
`CHARLOTTE MECKLENBURGPOLICE DEPARTMENT
`
`
`MAGISTRATE’S ORDER
`
`
`
`In The General Court Of Justice
`STATE OF NORTH CAROLINA
`
`MECKLENBURG
`County
`District Court Division
`
`
`
`
`OFFENSE(S)(see AOC-CR-116 Continuation(s) for charging text)
`
`Count
`Offensein Violation
`Offense
`No.
`Offense
`OfG.S.
`Code
`
`
` 5224
`Race
`Sex
`Date OfBirth
`Age
`
`
`wy wma|“ up|«1|~R-POSSESSION OF FIREARM BY FELON 14-415.1
`Name OfDefendant's Employer
`2
`M _ ASSAULT ON A FEMALE
`14-33(C)(2)
`1389
`
`
`Daw OF ers
`:
`M - RESISTING PUBLIC OFFICER
`14.293
`5310
`
`
`06/23/2024
`
`
`
`
`
`
`
`THE STATE OF NORTH CAROLINA VS.
`Name And Address Of Defendant
`
`Michael Esteban Hernandez
`5206 Burke Dr
`
`Charlotte
`Mecklenburg COUNTY
`
`NC
`
`28208-2401
`
`
`
`Cc Misdemeanor Offense Which Requires Fingerprinting Per
`
`Fingerprint Plan
`
`Date Of Arrest & Check Digit No. (as shown on fingerprint card)
` 06/23/2024 NO PRNT LEA
`
`Arresting Officer (name, address or department)
`O Parker
`CHARLOTTE MECKLENBURG POLICE DEPARTMENT
`
`
`
`601 East Trade St
`
`CHARLOTTE
`
`NC
`
`28202
`
`MECKLENBURG
`Witness Information
`
`N. Kahn
`
`601 East Trade St
`
`MECKLENBURG
`
`28202
`NC
`CHARLOTTE
`
`
`I, the undersigned, find that the defendant named above has been arrested without a warrant and the defendant’s detention is justified because there is probable cause to
`believe that on or about the date of offense shownandin the county named abovethe defendant named above unlawfully,willfully, and feloniously did commit the offense(s)
`set forth above and on the attached AOC-CR-116 Continuation(s), which is (are) incorporated by reference.
`This act(s) was in violation of the law referred to in this Magistrate’s Order. This Magistrate’s Orderis issued upon information furnished under oath by the arresting
`officer(s) shown. A copy of this Order has been delivered to the defendant.
`Date issued
`Name Of Issuing Official
`Signature
`=
`[x] Magistrate E] Deputy CSC | Assistant CSC E] Clerk Of Superior Court
`06/24/2024
`|F. HORTON
`Gs. YS ) —\ _______] [] district Court Judge
`[_] Superior Court Judge
`
`Location Of Court
`Court Date
`Court Time
`
`
`Mecklenburg Co. Courthouse, Courtroom 1150 9:00 AM 06/24/2024
`WAIVER OF PROBABLE CAUSE HEARING
`The undersigned defendant, with the consent of his/her attorney, waives the right to a probable cause hearing.
`Date Waived
`Signature Of Defendant
`Name OfAttorney
`
`Signature Of Attorney
`
`
`
`
`
`oO
`(Over)
`
`VRA Case
`
`AOC-CR-116, Rev. 3/23, © 2023 Administrative Office of the Courts
`
`

`

`STATE VERSUS
`MECKLENBURG
`mene
`
`Name Of Defendant
`Michael Esteban Hernandez
`Date OF Issuance Of Magistrate's Order
`NOTE:Use this page to set forth the charging text for each offense listed on the AOC-CR-116. G.S. 15A-924(a)(5).
`06/24/2024
`
`24CR341627-590
`
`
`
`OFFENSES (continued)
`
`County
`
`Count1. Offense: F - POSSESSION OF FIREARM BY FELON
`Charging Text For This Count
`On or aboutthe date of offense shown and in the county named above the defendant unlawfully, willfully, and feloniously did possess a silver in color, pistol style handgun , which is
`a firearm . The defendant has previously been convicted of the felony of 2nd Degree Murder which was punishable 393 months . This felony was committed on November 24, 2005
`and the defendant was convicted of the felony on June 6, 2007 in Mecklenburg County, NC and was sentenced to 156-197 months.
`
`Count2. Offense: M - ASSAULT ON A FEMALE
`Charging Text For This Count ~
`Onor aboutthe date of offense shown andin the county natned abovethe defendant unlawfully and willfully did assault and strikeI, a female person, by striking the
`victim in the face with a closed fist. The defendant is a male person and wasat least 18 years of age when the assault and striking occurred.
`
`AOC-CR-116 Continuation, Rev. 3/23
`© 2023 Administrative Office of the Courts
`
`Continuation Page
`
`of
`
`Continuation Pages
`
`

`

`STATE VERSUS
`MECKLENBURG
`County
`“ee
`Name Of Defendant Michael Esteban Hernandez
`
` OFFENSES (continued)
`
`
`24CR341627-590
`
` NOTE: Use this page to set forth the charging text for each offense listed on the AOC-CR-116. G.S. 15A-924(a)(5).
`Date Of Issuance Of Magistrate's Order
`06/24/2024
`
`Count 3. Offense: M - RESISTING PUBLIC OFFICER
`Charging Text For This Count
`Onor about the date of offense shown and in the county named above the defendant unlawfully and willfully did resist, delay, and obstruct O. Parker , a public officer holding the
`office of Charlotte Mecklenburg Police Department , by not following verbal commandsand passively resisting arrest by hooking his legs on objects . At the time, the officer was
`discharging and attempting to discharge an official duty by Law EnforcementOfficer.
`
`Count 4. Offense:
`
`Charging Text For This Count
`
`AOC-CR-116 Continuation, Rev. 3/23
`© 2023 Administrative Office of the Courts
`
`.
`.
`Continuation Page
`
`of
`
`.
`.
`Continuation Pages
`
`

`

`
`File No.
`MECKLENBURG
`STATE VERSUS
`24CR341627-590
`County
`Name Of Defendant
`Michael Esteban Hernandez
`Date Of Issuance Of Magistrate's Order
`06/24/2024
`
`NOTE: Usethis page to set forth the charging text for each offense listed on the AOC-CR-116. G.S. 15A-924(a)(5).
`
`
`
`
`OFFENSES(continued)
`
`Count 5. Offense:
`
`
`Charging Text For This Count
`
`Count6. Offense:
`
`Charging Text For This Count
`
`AOC-CR-116 Continuation, Rev. 3/23
`© 2023 Administrative Office of the Courts
`
`Continuation Page
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`of
`
`Continuation Pages
`
`

`

`24CR341627-590
`
`MECKLENBURG
`
`County
`
`File No.
`
`STATE VERSUS
`
`Name Of Defendant
`Michael Esteban Hernandez
` Date Of Issuance Of Magistrate's Order
`06/24/2024
`
`
`
`
`NOTE: Usethis page to set forth the charging text for each offense listed on the AOC-CR-116. G.S. 15A-924(a)(5).
`
`OFFENSES (continued)
`
`Count7. Offense:
`
`Charging Text For This Count
`
`Count 8. Offense:
`
`Charging Text For This Count
`
`AOC-CR-116 Continuation, Rev. 3/23
`© 2023 Administrative Office of the Courts
`
`Continuation Page
`
`of
`
`Continuation Pages
`
`

`

`STATE VERSUS
`MECKLENBURG
`County
`24CR341627-590
`
`Name Of Defendant
`.
`.
`;
`Michael Esteban Hernandez
`Date Of Issuance Of Magistrate's Order
`NOTE:Usethis page fo set forth the charging text for each offense listed on the AOC-CR-116. G.S. 15A-924(a)(5).
`
`File No.
`
`06/24/2024
`
`
`OFFENSES (continued)
`
`Count9. Offense:
`
`Charging Text For This Count
`
`Count10. Offense:
`
`Charging Text For This Count
`
`AOC-CR-116 Continuation, Rev. 3/23
`© 2023 Administrative Office of the Courts
`
`Continuation Page
`
`of
`
`Continuation Pages
`
`

`

`
`
`File No.
`
`
` STATE VERSUS MECKLENBURG County 24CR341627-590
`
`Name Of Defendant
`NOTE: Usethis page to enterjudgment on a Magistrate's Order. Use this Judgment page only if imposing a single, consolidatedjudgment
`
`Michael Esteban Hernandez
`for all offenses of conviction charged underthis file number. Do not use this Judgment page to impose sentence:(i) if imposing separate
`judgments for separate offenses of conviction charged underthis file number,(ii) to impose supervised probation;or(iii) for DWI sentences
`Date Of issuance Of Magistrate's Order
`under G.S. 20-179. For DWI, use AOC-CR-342 (active) or AOC-CR-310 (probation). For structured sentencing offenses, use AOC-CR-602
`(active) orAOC-CR-604 (probation).
`06/24/2024
`| JUDGMENT
`
`
`
`
`
`
`
`District Attorney [_] Def Found Not indigent|Attorney For Defendant[_] Det. Waived Attorney [_] Appointed PRIOR CONVICTIONS:
`[_] Def. Denied Appointed Counsel
`[_] Retained
`
`
`
`subject of this Judgment:
`
`Count1
`
`PLEA: [| guilty [_]not guilty []no contest
`
`
`
`VERDICT: [_] guilty [_]notguilty
`
`Count 2
`
`PLEA: [| guilty [_]not guilty [_]no contest
`
`
`
`VERDICT: [_] guilty [_]not guilty
`
`Count3
`
`PLEA: [_] guilty [_]not guilty [_]no contest
`
`VERDICT: [_| guilty [_]not guilty
`
`Count4
`
`Count 5
`
`PLEA: [| guilty [_]not guilty [_]no contest
`
`
`
`VERDICT: [_] guilty [_]not guilty
`
`PLEA: [| guilty [_]not guilty [_]no contest
`
`
`
`VERDICT: [_] guilty [_]not guilty
`
`Count6
`
`PLEA: [_] guilty [_]not guilty [_]no contest
`
`VERDICT: [_| guilty [_]not guilty
`
`m.cL.: [JA1 [1 C2 £13
`
`McL. [JAi []1 EJ2 £13
`
`mM.cL.: [JAi []1 [J2 £43
`
`McL.: LJA1 []1 (J2 C3
`
`McL.: [JAi [J1 E12 £13
`
`m.cL.: [Jai LJ1 CJ2 C43
`
`
`
`NoJ/Level: 0(11(0) _Ou(1-4) 0 mi (5+) OFFENSES: The following offenses, which are set forth by Count No. in the Magisirate’s Order issued in this case on the date noted abovefor the defendant named above, are the
`
`
`
`
`
`
`
`
`Count7 PLEA: [| guilty [_]not guilty[]no contest VERDICT: [_] guilty [_]not guilty McL: LJA1 []1 (J2 £]3
`
`Count 8
`
`PLEA: [| guilty [_]not guilty [_]no contest
`
`VERDICT: [_] guilty [_]not guilty
`
`Count9
`
`PLEA: [_] guilty [_]not guilty [_]no contest
`
`VERDICT: [_| guilty [_]not guilty
`
`Count 10
`
`PLEA: [| guilty [_]not guilty []no contest
`
`VERDICT: [_] guilty [_]not guilty
`
`McL. [JAi []1 E12 £13
`
`mM.cL: [JAi [J1 (J2 C43
`
`McL: LJA1 []1 (J2 £3
`
`AOC-CR-116 Judgment, Rev. 3/23
`© 2023 Administrative Office of the Courts
`
`(Over)
`
`

`

`STATE VERSUS
`
`Name Of Defendant
`.
`Michael Esteban Hernandez
`
`MECKLENBURG
`
`County
`
`“ 24CR34 1627-590
`
`*NOTE:
`
`Usethis Judgment pageonly if imposing a single, consolidatedjudgmentforall offenses of conviction charged underthis file number. Do notusethis
`Judgment page to impose sentence:(i) if imposing separatejudgments for separate offenses of conviction charged underthis file number; (ii) to impose
`supervised probation;or(iii) for DWI sentences under G.S. 20-179. For DWI, use AOC-CR-342(active) orAOC-CR-310 (probation). For structured sentencing
`offenses, use AOC-CR-602 (active) orAQC-CR-604 (probation).
`
`JUDGMENT(continued
`
`
`
`
`
`hours of community service during thefirst
`C] 7. complete
`E] 8. not be found in or on the premises of the complainant or
`E] 9. not assault, communicate with or be in the presence of the complainant or
`E] 10. provide a DNA sample pursuant to G.S. 15A-266.4. (AQC-CR-319 required)
`[] 11. Other:
`
`days of probation, as directed by the judicial services coordinator, and pay the fee prescribed by G.S. 143B-1483 within
`
`days.
`
`
`
`
`
`.
`
`[_]The Courtfinds just cause to waive costs as ordered on attached [_] AOC-CR-415. [_]AOC-CR-618. [_] Other:
`It is ORDEREDthatthis: [J Judgment is continued upon paymentof costs.
`|_| case be consolidated for judgmentwith
`:
`|_| sentenceis to run at the expiration of the sentencein
`[_] COMMITMENT:It is ORDEREDthatthe Clerk deliver two certified copies of this Judgment and Commitment to the sheriff and that the sheriff cause the defendant to be retained in custody to
`serve the sentence imposed or until the defendant shall have complied with the conditions of release pending appeal.
`PROBABLE CAUSE: E] Probable causeis found asto all Counts except
`, and the defendantis bound over to Superior Court for action by the grandjury.
`[_]No probable cause is found as to Count(s)
`of this Magistrate’s Order and the Count(s) is dismissed.
`Name OfDistrict Court Judge Or Magistrate (type orprint)
`Signature Of District Court Judge Or Magistrate
`
`Date
`
`JUDGMENT: The defendant appeared in open court and freely, voluntarily and understandingly entered the above plea(s) on Side One. Onthe verdict(s) from Side One, it is ORDEREDthatall offenses of
`conviction, if more than one, be consolidated for judgment with Count No.
`list count of lead offense) and that the defendant:
`
`Costs
`.
`:
`Amount Of Fine/Penalty
`[_] pay the following fine/penalty and costs:
`$
`$
`days served.
`Pretrial credit
`[_]DaAc.*
`[_Jmcp.
`[_] be imprisoned for a term of
`days in custody of the
`[_|sheriff.
`
`
`[]Work release [lis recommended. [lis not recommended. (NOTE:To order work release, use form AOC-CR-602 to impose judgment.)
`
`
`| The Court finds that a | longer | shorter
`period of probation than that which is specified in G.S. 15A-1343.2(d) is necessary.
`[| Execution of the sentence is suspended and the defendantis placed on unsupervised probation* for
`months, subject to the following conditions:
`1. commit no criminal offense in any jurisdiction.
`2. possess nofirearm, explosive or other deadly weapon listed in G.S. 14-269.
`3. remain gainfully and suitably employed, or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment and abidebyall rules ofthe institution.
`4. satisfy child support and family obligations, as required by the Court.
`5. Submit to the taking of digitized photographs, including photographs of the defendant's face, scars, marks, and tattoos,
`to be included in the defendant’s records.
`_6. pay to the Clerk the costs of court and any additional sums shownbelow.
`Total Amount Due
`Other
`Costs
`Fine
`Restitution**
`Attorney's Fee
`Community Service Fee
`$
`$
`$
`$
`$
`$
`$
`**“Name(s), address(es), and amount(s) for aggrieved party(ies) to receive restitution: (NOTE TO CLERK: Record SSN orTax ID No. of aggrieved party(ies} on AOC-CR-382, “Certification Of Identity {(Victims’ Restitution)/
`Certification Of Identity (Witness Attendance).”)
`
`
`
`
`APPEAL ENTRIES|
`
`
`
`[_] The defendant, in open court, gives notice of appeal tothe[]District [/]Superior Court.
`
`[_] The currentpretrial release orderis modified as follows:
`
`Date
`Name OfDistrict Court Judge Or Magistrate (type orprint)
`
`
`
`Signature Of District Court Judge Or Magistrate
`
`CERTIFICATION
`
`| certify that this Judgmentis a true and complete copyof the original whichis_|Date Date Delivered To Sheriff|Signature[]Dep. csc [_]Asst. csc
`onfile in this case.
`[_] Clerk OF Superior Court
`AOC-CR-116 Judgment, Side Two, Rev. 3/23, © 2023 Administrative Office of the Courts
`
`
`
`
`
`