Long Beach : Teen-Ager Sentenced for Fatal Shooting Outside Store

An Oxnard youth convicted of second-degree murder in the death of Moises Silva of Long Beach has been sentenced to the California Youth Authority.

Victor Manuel Hernandez, 17, could be held until he is 25 years old.

According to court records, Hernandez and two friends drove to an Oxnard convenience store early on the morning of July 13, 1991. They asked Silva, 26, who was parked outside the store, to buy them beer.

Silva reluctantly agreed, but the store clerk refused to sell beer because it was after hours, according to court records. As Silva returned with the money, Hernandez was arguing with two of Silva’s relatives who were in Silva’s car.

As Hernandez left the parking lot, he fired three shots at Silva’s car, one of which struck Silva behind the ear and killed him, according to court records. Hernandez was convicted of second-degree murder at a non-jury trial in November.

On Friday, Deputy Dist. Atty. James D. Ellison asked for the maximum sentence of 15 years to life in prison, plus a five-year sentence enhancement for using a handgun.

One of Hernandez’s sidekicks asked Hernandez why he fired the gun, Ellison said. The friend said Hernandez laughed and replied: “Did you see those guys duck? Pow. Pow.”

But Katherine Emerick, a clinical psychologist, presented the judge with a different picture.

Emerick said that during testing last November, Hernandez told of nightmares and showed signs of remorse. The psychologist said she concluded that Hernandez “was feeling things that psychopaths don’t normally feel.”