Court reverses North Las Vegas murder conviction

By Cy Ryan

Thursday, May 16, 2013 | 1:34 p.m.

The Nevada Supreme Court has reversed the murder conviction of Jose A. Fernandez in a case involving a love triangle in North Las Vegas.

The court said Hernandez and his lawyer should have been allowed to present the testimony of a jail inmate who maintained another man in his cell had admitted the crime while they were both confined.

Hernandez was convicted of first degree murder and other offenses in the stabbing death of Salvador Gonzales in April 2008. A co-defendant, Jeshua Rosas, pleaded guilty to lesser offenses and was a main witness for the prosecution.

On the final day of the trial, Hernandez sought to introduce a statement from inmate Santiago Acosta, who said that his cellmate Rosas bragged he had committed the killing.

District Judge Douglas Herndon denied a motion for a continuance of the trial, which would have given the attorney for Hernandez the chance to talk to the potential witness.

The events started in September 2007, when Tiffany Orta married Guenther Mock. According to court briefs, the couple became estranged and Mock moved to a second bedroom in the house when Orta wanted to have Hernandez, her ex-boyfriend, move into the house and her bedroom. At the same time, Gonzales, the victim, began a romantic relationship with Orta.

Hernandez came home to find Gonzales undressing and Orta lying on the bed. Gonzales was stabbed several times and his throat was slit.

Hernandez maintained it was Rosas who stabbed the victim.

The court, in overturning the conviction, said the potential defense witness was in jail less than a block away and the court should have granted a continuance to get his testimony.

Fernandez admitted fighting with the victim but said Rosas did the actual killing.

The Supreme Court ordered a new trial for Fernandez, who was sentence to 20 years to life plus a consecutive 96-120 months term.