ANGELINA COUNTY, TX (KTRE) - Deputies with the Angelina County Sheriff's Office arrested a 27-year-old man Tuesday in connection to allegations that he went to a home on State Highway 103 East armed with a handgun and threatened his estranged wife's boyfriend on May 12.
Fermin Hernandez, of Lufkin, is still being held in the Angelina County Jail on a second-degree aggravated assault with a deadly weapon charge. No bail amount has been set on the charge yet.
According to the arrest affidavit, an Angelina County Sheriff's Office deputy took a terrorist threat report from Hernandez' estranged wife. The complainant explained that she had been at her parents' home in the 4000 block of State Highway 103 East earlier that day when she received a phone call from Hernandez.
Hernandez allegedly asked her he if could come to the residence to talk. The woman told the ACSO deputy that she told her estranged husband he could come to the home to see his children, but she was not going to talk to him "because her new boyfriend was going to be there," the affidavit stated.
"Minutes later," Hernandez showed up at the residence. The complainant told the ACSO deputy that her estranged husband was upset because she was seeing someone else "and wanted to start an argument about the issue," the affidavit stated.
The woman allegedly told Hernandez that he needed to leave because she didn't want to argue with him. At that point, Hernandez told her he was going to leave with their 1-year-old son, and she told him that was "fine," the affidavit stated.
According to the affidavit, the woman told the ACSO that before Hernandez left the driveway, "he opened a can of beer and took a drink of it then sped off."
Twenty minutes later, Hernandez returned to the home on SH 103, the affidavit stated. By then, the woman's boyfriend had arrived, and he was in the residence.
Hernandez then "started banging on the front door," and when his estranged wife came to the door to tell him to leave, she noticed that he had a black pistol in his hand, the affidavit stated.
Hernandez allegedly said, "Where is that [expletive]? I'm going to kill him."
The complainant told the ACSO deputy that she pushed Hernandez away from the door and told her mother to "call the cops," the affidavit stated. At that point, Hernandez allegedly cocked the gun and said, "Where is he? I'm going to shoot the [expletive]."
After the woman pushed Hernandez way from the door and locked it, he returned to his vehicle and left the home, the affidavit stated.
The complainant described Hernandez' gun as "like a 9 mm. Hernandez' estranged wife also told the ACSO deputy that her husband "has had my .45 before and also has a shotgun," the affidavit stated.
When the deputy spoke to the woman's boyfriend, he told him they had multiple incidents with Hernandez in the past and that he had stayed inside the house out of respect for his girlfriend's parents. He also said he didn't want "to fight a gun," the affidavit stated.
The boyfriend told the ACSO deputy that he never saw the gun, but his girlfriend's parents did. In addition, the boyfriend told the deputy that while he was in the home, he heard Hernandez say, "Is that the [expletive]" and "I'm going to get him."
The arrest affidavit also listed gun-related incidents in December of 2016 and February in which Hernandez threatened to harm himself. In the second incident, Hernandez was at the house on SH 103 when he pulled a handgun, turned it on himself, and tried to get his wife to shoot him while he had it pointed at himself, the affidavit stated.
When she refused, Hernandez allegedly left the home with one of their children. ACSO deputies then went to the man's home in the 600 block of St. Clair. Dispatch told them that while Hernandez was on the phone with his wife, she heard what she thought was a gunshot and then their child crying, the affidavit stated.
Hernandez was later found at his wife's house. According to the affidavit, he refused to talk to law enforcement at first, and he opened the door, put the child outside, and closed the door again.
After the child was returned to his or her mother, an ACSO deputy was able to speak to Hernandez by phone, and the man said he didn't wish to harm himself. Because no criminal act occurred, Hernandez was not charged in connection to that incident, the affidavit stated.