by | Published
A jury in Edwards County has sentenced Jhan Carlos Fernandez, 24, of New York, to 99 years in the Texas Department of Criminal Justice for Human Smuggling Causing a Death. He was also found guilty of four counts of Aggravated Assault with a Deadly Weapon, receiving the maximum sentence of 20 years for each count, to run concurrently.
The verdict and sentencing came after a week-long trial that concluded on Thursday, May 22, 2025, with two and a half days of testimony. Fernandez will be required to serve a minimum of 30 years before becoming eligible for parole, as a deadly weapon was used in the commission of the offense. Each charge also carried a $10,000 fine.
District Attorney Tonya Spaeth Ahlschwede prosecuted the case with the assistance of Assistant District Attorneys Havana Schmidt and Andy Murr.
Evidence presented showed that on the night of February 27-28, 2023, Fernandez picked up five migrants in Maverick County. At approximately 1:00 a.m., Edwards County Deputy Sheriff Felix Ruiz observed Fernandez driving 71 mph in a 55 mph zone in Rocksprings. Before a traffic stop could be initiated, Fernandez accelerated and failed to navigate a turn on U.S. Highway 377, causing the car to flip into the lot of Zapata’s Garage.
Several victims were ejected from the vehicle, and Yensy Galvez Hernandez of Honduras tragically died at the scene. One survivor testified that Fernandez had directed him to ride in the vehicle's trunk.
The other crash victims survived due to the "heroic efforts" of Texas Department of Public Safety Trooper Manuel Banda and Deputy Ruiz, supported by additional law enforcement from the Edwards County Sheriff’s Office, U.S. Border Patrol, Texas DPS, and Edwards County EMS. EMS Director Patrick Hickey, AEMTs Rachel Escamilla and Sondee Moreno, and Nueces Canyon EMS Director Lisa Carlisle were credited for their swift response. Testimony from medical experts confirmed that first responders' actions saved the life of another severely injured victim. "The quick actions of law enforcement and EMS in the middle of the night, without regard for who it was they were treating, saved lives,” said District Attorney Ahlschwede.
During the sentencing phase, evidence revealed Fernandez had a significant criminal record from New York. The State requested the maximum sentences on all charges, aiming to send a strong message against human smuggling.
District Attorney Ahlschwede noted, "This is the second Human Smuggling Death trial in state court that we are aware of in the State of Texas, the first such trial in Junction, Texas in February, resulting in a conviction and 99-year sentence. The combined efforts of multiple law enforcement agencies working together to assemble the facts led to a jury being able to decide how to apply the evidence to arrive at guilty verdicts for all charges.”
She further lamented the rise in such cases: “Human smuggling cases have become all-to-common in jurisdictions like ours which are heavily impacted by border crime. We learned during testimony that, like in so many of these kinds of cases, money was the motivating factor for the defendant to put the lives of so many people – those being smuggled, our law enforcement, and other innocent drivers on the road – in danger. We will continue to marshal all our resources to prosecute human smugglers to the maximum extent permitted by law.”
