21-year-old gets 8 years in 2005 death of gay man

Ellen Miller, Special to the News

Published May 25, 2006 at midnight

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MONTROSE - A weeping young Montrose man was sentenced to eight years in prison Wednesday for his role in the death of an openly gay man who had made romantic overtures before he was attacked last summer.

Adam Hernandez, 21, pleaded guilty to manslaughter and theft in April. The eight-year sentence was the maximum set in his plea agreement.

District Judge Dennis Friedrich recommended, however, that Hernandez be considered for a prison "boot camp" program that could earn Hernandez a sentence reconsideration in two years.

"Please, your honor, I don't think I can make it through prison,'' said the 5-foot-2, 120-pound Hernandez, who, along with four members of his family, apologized for his part in the death of Kevin Hale. "I know I should be punished. I had no right to attack Mr. Hale. I'm truly, truly, truly sorry.''

Hale, 36, was found dead in Buckley Park in Montrose the morning of July 30, 2005. He had been strangled. According to police reports, Hernandez wanted to beat up Hale because Hale had "hit on him.''

District Attorney Tom Raynes said Hernandez recruited Jason Fiske, 25, and two other young men at a now-closed Montrose bar to go to the park and beat up Hale.

The involvement of the other two men apparently was limited to driving Hernandez and Fiske to the park. Neither was charged in Hale's death.

"He (Hernandez) wanted to beat the hell out of this guy,'' Raynes said. "While Adam Hernandez is not the person who actually caused the death, he set all the events in motion. He found his coward's courage in alcohol.''

Fiske, who admitted to police he placed Hale in a choke hold during the altercation, is charged with first-degree murder and robbery and faces a June 12 court date to enter a plea, Raynes said.

Raynes has not filed hate-crime sentence enhancers in either case, despite the urging of activist groups.

One of those groups is the Denver-based Colorado Anti-Violence Program.

"We're not pleased with the sentence," spokeswoman Veronica Garcia said Wednesday. "The question it raises is, to what extent will hate and violence be tolerated in our communities?''

Hernandez's mother, Tamara, said drugs and alcohol fueled her son's actions, which she called "completely out of character,'' and she apologized repeatedly to Hale's family.

Hale's cousin, Stacy Scott, asked the judge not to forget Kevin Hale, or his son, Dylan.

"Adam Hernandez had the power to stop it, but he did not,'' she said.

As Hernandez was handcuffed and shackled, he broke down and cried at the defense table.

Neither family had any comment.

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