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Whom Do You Believe -- Hernandez or De La Torre? PDF Print E-mail
Written by San Fernando Valley Sun   
Thursday, 12 July 2012 04:55

Former Mayor and City Councilmember Mario Hernandez, and Councilmember Maribel De La Torre have filed restraining orders against each other following a domestic violence incident at Hernandez' residence. Both were granted partial temporary restraining orders and a judge will hear the dispute on July 24. Below is the police report filed by Hernandez, followed by statements by Hernandez and De La Torre in support of their restraining orders, giving different accounts of what occurred on June 28. Both claim the other was the aggressor. On Monday, July 10, Hernandez resigned his council position.

Police Incident Report

On Thursday, June 28, 2012 at approximately 1820 hours, I officer Bayardo #10244 was working for the San Fernando Police Department in a marked Police vehicle and in full uniform assigned to patrol as 4L24. On the date and time stated above, I was assigned to investigate a domestic battery that occurred at 1808 Fourth Street. Upon arrival, I met with "The Victim," who provided the following statement.

"The Victim" informed me that he has been in a dating relationship with his current girlfriend Maribel De La Torre (DOB 02/11/71) since September of 2011. They do not live together and do not have any children in common. "The Victim" said that today he and his girlfriend have been arguing on and off over the phone about a weekend trip he had planned a while back.

According to "The Victim," his girlfriend was upset, because she felt that he didn't tell her about the trip ahead of time, and she didn't want him to go. During their last phone conversation today, his girlfriend told him that she was coming over to retrieve her iPad. "The Victim" told his girlfriend that the iPad did not belong to her and reminded her that the iPad was a present from her to him on his last birthday.

According to "The Victim," his girlfriend told him that she wanted the iPad back and that she was on her way to get it. At approximately 1745 hours, his girlfriend arrived to his place of residence at 1808 in the City of San Fernando. He knew that she was upset, so he decided to come outside instead of allowing her to come in the house. "The Victim" said that as he opened the security screen door and was preparing to step outside, his girlfriend pushed him back against a wall with her left hand and grabbed him by his left triceps with her right hand. "The Victim" said that his girlfriend had him by his triceps with a hard and tight grip and would not let go. She then asked him, "Where is my iPad?" He told her that he did not have the iPad with him and asked her to calm down. His girlfriend punched him once on the left cheekbone with her right fist and immediately came back with an open hand slap to the right side of his face.

She then told him that he was lying and forced her way into his house and locked herself in his bedroom. "The Victim" said that he could hear his girlfriend ransacking his bedroom, so he used his key to get in the bedroom. Once he opened the door, he noticed that his girlfriend had thrown his clothes and other personal items all throughout the room. She also grabbed a framed drawing he had on one of the walls and slammed it against the ground, causing the glass and the frame to shatter on the bedroom floor.

Again, "The Victim" said he pled with his girlfriend to calm down and asked her to leave, but she refused. She then told him, "You are not f____n going anywhere." She then grabbed his laptop computer and told him that she was not going to give it back to him until she got the iPad back. "The Victim" told his girlfriend again that he did not have the iPad with him. According to "The Victim," his girlfriend became more irate and slammed his laptop computer against the bedroom floor, also causing it to break.

She then turned towards him and said, "If I could kill you right now I would. I f____n hate you. I hate you for what you have done to me." "The Victim" said he was in disbelief at the way his girlfriend was acting and asked her if she would (kill him).

"The Victim" said that his girlfriend suddenly launched towards him and grabbed him by the neck with both her hands and began to squeeze his throat while she yelled, "Now I am going to f_____n kill you." "The Victim" said that his girlfriend's grip was very strong, but he was able to break free from her. She followed him around the bedroom and continued to throw punches at him with both of her fists. He said that she was able to land some of those punches on his arms and other parts of his body as he was trying to protect himself.

Again "The Victim" tried to reason with his girlfriend, but was not able to calm her down. According to "The Victim," his girlfriend grabbed him a second time by his neck with both of her hands and began to squeeze his throat again. He was able to break free a second time, but this time both of them lost their balance and fell on the bed. "The Victim" said that during the struggle, his girlfriend cut one of her toes with a glass that was laying on the floor. He asked her if she was okay, but she continued to be combative and stood in front of him and asked him, "How many are you going to give me now?" "The Victim said his girlfriend was referring to how many times he was going to hit her. "The Victim" told his girlfriend that he was not going to hit her. She then left the location in an unknown direction.

Investigation

After gathering "The Victim's" statement, I asked him if he needed medical attention, but he declined paramedics and said he would seek his own medical attention. I saw that "The Victim" had redness and swelling to his left cheekbone, scratches and bruising to his left triceps area, scratches and redness on and around his throat area as well as his left arm and a swollen left thumb with noticeable bruising.

I asked the "The Victim" again if he needed paramedics and told him his left thumb appeared to be seriously injured. "The Victim" again declined paramedics.

I checked "The Victim's" bedroom and discovered that his room had been ransacked. I noticed that there was broken glass on the ground and a shattered wooden frame next to his bed. I also noticed that his laptop computer had been seriously damaged as he stated.

I asked "The Victim" if there was a particular reason why she would be upset with him other than the weekend trip and what she meant by "I hate you for what you did to me."

"The Victim" said that he was not aware of any other reason for her behavior, other than the fact that she didn't want him to go anywhere this weekend. "The Victim" also said that the reason she said she hates him is because she feels that he is "playing games" with her. "The Victim" said that up until Tuesday of this week they were fine and there were no arguments between them. He doesn't recall talking to her on Wednesday and said that the argument began this morning when he told her about the trip.

I asked "The Victim" if he wanted an Emergency Protective Order (EPO), but he declined and said that he was not going to be home this weekend and felt that an EPO would not be necessary. "The Victim" said that there was no one else in the residence at the time of the incident.

Additional

I took pictures of the injuries sustained by "The Victim." Copies of the pictures are attached to this report and a CD with the original pictures was placed in a sealed evidence envelope.

No follow-up investigation was conducted. "The Victim" was provided with a report number and advised to contact the SFPD Detective Bureau if he had additional information about the incident or any other questions.

Statement of Mario Hernandez (Case no: PQ013414)

I am the Petitioner in this case. Maribel De La Torre is the Respondent ("RP"). RP and I are dating (or used to date). I am father of a son, who is a minor (11 years old). RP and I do not have any children together.

On June-28-2012 RP abused me physically, threatened to kill me and destroyed my personal belonging. RP was upset with me because she felt that I did not tell her about a trip a head of time and she did not want me to go on this trip, which I had planned for the weekend. During a phone conversation, RP told me that she was coming over to retrived her iPad. I reminded her that the iPad was a gift from her to me on my last birthday. RP wanted the iPad back so she was on her way to my house to pick it up. I knew she was upset so I decided to come outside the door and prepared to step outside. At this time RP arrived and pushed me back inside the house, grabbed me by my triceps with her right hand, slapped me on my face and punched me once with her fist on my cheeck (sic) bone. Then RP told me that I was lying about the trip and she went inside my bedroom and locked herself in. I opened the room with my key and got in the room. Once I opened the door I saw that RP had thrown out all my clothes and other personal items on the floor and throughout the room. RP then grabbed a glass frame drawing and smashed it on the floor, causing the glass and the frame to shatter on the bedroom floor. I asked her to calm down and leave, but she refused. She said "you are not f____n going anywhere." RP grabbed the laptop computer and told me that she was not going to give it back to me until she got the iPad. I told her that I did not have the iPad. RP then slammed my laptop on the bedroom floor causing it to break.RP threatened to kill me. RP told me "if I could kill you right now I would. I f____n hate you. I hate you for what have done to me."

RP claimed that I was not truthful with her about the trip and that I played emotional games with her. I told RP that there was no reason for her to get upset about the trip because it was a last minute decision that made, but she still was very upset.

RP then grabbed me by my neck and with both of her hands and began to squeeze my throat and said "now I am going to f_____n kill you." I was able to break free from her. RP then followed me around the bedroom and continued to throw punches on my arms and my other body parts as I was trying to protect myself. RP then for the second time strangled me and I struggled to break free from him (sic). Finally RP left my home. I then called the police and police came and wrote a report.I ask the Court to order RP to pay the amount of $400.00 for my laptop destroyed by her during the incident of abuse. I respectfully ask the Judge to grant me this restraining order protecting me and my son because I am afraid of RP's violent behavior and I do not know what type of brutal behavior RP would be capable of in future if she is allowed to get near me.

Statement of Maribel De La Torre (Case no: PQ013421)

I am the Petitioner in this case. Mario F. Hernandez is the Respondent ("RP"). RP and I are dating (or used to date). I am asking for a restraining order against RP to protect me. RP filed his own restraining order AGAINST (sic) me on July 3rd 2012 but he does not need one I do.

On 6/28/2012, at approximately 5:30pm RP and I were discussing our relationship on the phone. I was mentioning to RP that he had been acting differently. Towards the end of the conversation he said, "Well here is something else you are not going to like, I am leaving in 30 minutes to a retreat." I told RP I couldn't be in this type of relationship anymore, and that I wanted my IPad and some personal items back. I hung up and decided to head to his house. As I was driving I received the following texts from RP, "Just as I thought." It's my IPad." It's at St Josephs Silesians youth renewal center." "Emergency # 6262808622." I was confused to what RP was referring to. I drove to RP's home to regain my belongings, RP's car wasn't there so I called RP. RP stated he was home and I told him I was coming over RP said ok. When I rang the door bell, RP motioned me in. We had an argument about what RP was doing. I told him I wanted my IPad and my other personal belongings, I told RP was going into his room to get them. RP said, "Okay but you are not going to find them they are at my mom's house." I walked into his room, opened RP's luggage; RP came into the room and slammed the door on my right shoulder. RP then brought me down with tremendous force and pinned me on the bed. RP had a strong grip on both arms and elbows. RP's left knee was shoved to my right leg and RP forcefully assaulted me. I then managed to kick him off me.

When I stood up I realized I had cut my right foot on a sharp object. RP then grabbed me, turned me and brought me up to my feet and slammed me into the hardwood floor. While RP was on top of me RP brought me down on my knees and my head slammed on the floor. I heard my neck and entire spinal cord crack and I blacked out. Once I regained consciousness RP was on top of me from behind and had all his weight pushing down my back. I was still on the floor on my knees with my head pinned to the ground. I was finally able to get my right hand under me and start grasping for a way to get RP off of me. I was able to get a grasp of RP's left thumb and I pushed it back as hard as I could. I told him I would let go of his thumb if he let go of me. When RP released me I stood up and RP jammed me into the door frame. I left in a daze, shaken, afraid and distraught. I had visible bruising to my left shoulder, my left forearm, I had rug burns on my left elbow, bruising on my upper thigh and knees and bruising and swelling on my left ankle.

On 12/21/2001 RP arrived at my home approximately 10:30 pm to have a conversation about our relationship. RP was confused about certain decisions he was making that were affecting our lives. RP was apologetic and sorry for putting me through it. Once the conversation was over I walked RP to the front door, gave him a hug and said, "let's think this through." RP snapped and grabbed me by the neck and began strangling me and slammed me up against a wall. I told RP to let me go and then RP released and walked out of my home like if nothing had happened.

I never filed a report for either incident due to a number of reasons. We are both public figures and this would cause undue media pressures to ourselves and our families. Secondly, RP is currently under treatment for Dissociative Disorder (multiple personality discorder.) RP is under treatment with DR. Jeffrey J. Steffon. I believe his actions leading up to his assault and afterwards are a direct result of his unstable mental health due to the tremendous stressors in his life. I believed on June 28th that this matter should have continued to be handled by his therapist.

I'm asking the judge for a restraining order protecting myself and my children because I am afraid for our safety. RP has put me through so much physical, emotional and psychological abuse. I do not know what RP is capable of doing due to his unstable mental health condition.

Transcribed from documents received by the San Fernando Sun/El Sol.

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Last Updated on Saturday, 14 July 2012 10:53