Eureka couple sentenced to probation for drug distribution

A couple from Eureka appeared in Lincoln County District Court Dec. 29 on related charges of drug distribution.

Dino Hernandez, 48, was given a three-year deferred sentence for pleading guilty to one count of felony criminal distribution of drugs. Hernandez was originally charged with four counts of felony distribution, which can carry fines up to $50,000 and up to life in prison. Bail was originally set at $25,000.

Veronica Hernandez, 35, pleaded no-contest to criminal distribution of drugs by accountability. The maximum penalty allowed by law for her charge is not less than 2 years in prison and fines not to exceed $50,000. Bail was originally set for $10,000.

Both defendants are charged with violating Montana Annotated Code 45-9-101.

Over the course of several months Dino Hernandez sold prescription drugs and marijuana to a police informant. On separate occasions Hernandez sold 6 Hydrocodone, 2 Endocet, 2 Morphine, and an eighth of an ounce of marijuana to the informant. On three of those occasions the informant wore a wire.

Dino Hernandez originally pleaded not guilty to the charges, but changed his plea during a pre-trial conference on Nov. 17. The court found factual basis to support and accept the defendant’s plea of guilty.

Probation Officer Darrell Vanderhoef said, “All these guys plead not guilty at first, then the attorneys work together to get a plea deal.” In the cases Vanderhoef has worked on here and elsewhere, “there’s almost always a plea deal”.

Vanderhoef said the Hernandez couple both qualified for a deferred sentence, as Dino Hernandez hasn’t been in trouble with the law for several decades and Veronica Hernandez has no criminal history.

In order for a defendant to receive a reduced plea offer they can’t have a past felony conviction.

Both defendants will be on probation during their respective deferred sentence times. If either of them violate probation requirements they can be brought before the judge and may face the maximum penalties for their offenses.

Because both defendants are on disability, the court waived all fines and fees in the cases.