Judge in Fresno examines death row inmate's request for prison sentence extension

FRESNO COUNTY, Calif. (KFSN) — The fate of a death row inmate now rests in the hands of a Fresno County judge who will decide on the inmate's request for a new sentence.

Jerry Rodriguez raced into the courtroom on Tuesday from the state prison where he has been on death row for nearly 30 years.

A jury convicted him of double murder and robbery in 1995.

Teenage cousins ​​​​AJ and Danny Hernandez paid Rodriguez, the owner of a tire shop in Visalia, $2,000 for custom rims in 1994.

According to investigators, instead of handing over the rims, Rodriguez kept the money and hired a hitman to kill the two young men.

“What was done was really wrong, and we can't just allow people to be murdered and think that's OK,” Anita Hernandez Perez, AJ's cousin and Danny's sister, told Action News.

For 18 months, Rodriguez has been demanding a new sentence, citing a 2018 state law that redefines who is guilty of premeditated murder.

Rodriguez's lawyer says the real killer is Stanley Michael Skala, the convicted hitman who pulled the trigger.

“It makes no sense that Mr. Rodriguez wanted to kill these two young men,” said defense attorney Christopher Irwin. “It makes much more sense that Stanley Skala simply did it on his own.”

But Fresno County prosecutors allege Rodriguez was a major participant – yes, the mastermind, they say – in the crime that left teenage cousins ​​​​AJ and Danny Hernandez dead.

“Mr. Rodriguez planned the robbery, had ample opportunity to thwart the robbery, and there is evidence that he knew the murder would occur,” said Fresno County Assistant District Attorney Daniel Walters.

The decision on the re-sentencing now rests with Judge Heather Mardel Jones, who will issue a written decision.

Family members of the victims told Action News they are now anxiously awaiting the judge's decision, which could take weeks.

The pain of her loss is still there, as if a case that was once closed was being painfully reopened.

“We're reliving it as if it happened yesterday, and it's bringing everything back to the surface,” Hernandez Perez said.

“And it takes a lot to be here, but we are here because our family members Danny and AJ can't be here.”

AJ's brother and Daniel's cousin, Richie Hernandez, called Rodriguez's request for a retrial “repugnant” and said he wanted new laws to protect victims.

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