OXNARD : Youth’s Sentencing for Murder Delayed

An Oxnard youth’s sentencing for second-degree murder has been postponed so he can be evaluated by psychologists at the California Youth Authority.

Victor Hernandez, 17, faces a sentence of 20 years to life for the slaying of Moises Silva of Long Beach. Hernandez was convicted Nov. 27 by Ventura County Superior Court Judge Charles R. McGrath after a non-jury trial. Under the law, McGrath had to obtain a CYA diagnosis before sentencing because Hernandez is a juvenile.

According to court records, Hernandez and two friends drove to an Oxnard convenience store early July 13 and asked Silva, who was parked outside, to buy them beer.

Silva, 26, reluctantly agreed, but the store clerk refused to sell beer because it was after hours, according to court records. Silva returned the beer money to Hernandez.

In the meantime, a dispute arose between Hernandez and two relatives of Silva who were waiting in Silva’s car. As Hernandez left with his friends, he fired three shots at Silva’s car, one of which struck Silva behind the ear and killed him, according to court documents.

CYA officials will advise the judge whether they believe that Hernandez can be rehabilitated through their programs. If McGrath sentences him to the authority, Hernandez would be released no later than his 25th birthday. If he is sentenced to prison, he would have to serve at least 10 years before he is eligible for parole.

McGrath scheduled sentencing for April 2.