Gary K.

Searle, 7620
Chief Deputy Tooele County Attorney
74 S. 100 E., Suite 26
Tooele, UT 84074
Telephone: (435) 843-3120
Fax: (435) 843-3127
Email: gsearle@co.tooele.ut.us

IN THE THIRD JUDICIAL DISTRICT COURT

IN AND FOR TOOELE COUNTY, STATE OF UTAH

STATE OF UTAH,

Plaintiff, INFORMATION

vs.
Court Case No.:
ISAAC JAMES HERNANDEZ
1054 South 1300 West Judge: Matthew D. Bates
Salt Lake City, UT 84104
DOB: 10/25/1988, OTN:

Defendant.

The undersigned Gary K. Searle, under oath states on information and belief that the
defendant, ISAAC JAMES HERNANDEZ, committed the following crime(s):
COUNT I: CRIMINAL HOMICIDE, AUTOMOBILE HOMICIDE, in violation of Utah
Code Ann. §76-5-207(3), a Second Degree Felony, as follows:
That on or about July 25, 2016, in Tooele County, the defendant did operate a motor vehicle in a
criminally negligent manner causing the death of another and:

(a) had sufficient alcohol in his body that a subsequent chemical test showed that the defendant
had a blood or breath alcohol concentration of .08 grams or greater at the time of the test;

(b) was under the influence of alcohol, any drug, or the combined influence of alcohol and any
drug to a degree that rendered the defendant incapable of safely operating a vehicle; or
(c) had a blood or breath alcohol concentration of .08 grams or greater at the time of operation.

COUNT II: DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS, in

violation of Utah Code Ann. §41-6a-502, a Third Degree Felony, as follows:
That on or about July 25, 2016, in Tooele County, the defendant did operate or was in actual
physical control of a vehicle, and

(1)(a) had sufficient alcohol in the defendant's body that a subsequent chemical test showed that
the defendant had a blood or breath alcohol concentration of .08 grams or greater at the time of
the test;

(b) was under the influence of alcohol, any drug, or the combined influence of alcohol and any
drug to a degree which rendered the defendant incapable of safely operating a vehicle;

(c) had a blood or breath alcohol concentration of .08 grams or greater at the time of operation or
actual physical control; and

(2)(a) inflicted serious bodily injury upon another (Robbie Bundrock) as a proximate result of
having operated the vehicle in a negligent manner.

COUNT III: DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS, in

violation of Utah Code Ann. §41-6a-502, a Class A Misdemeanor, as follows:
That on or about July 25, 2016, in Tooele County, the defendant did operate or was in actual
physical control of a vehicle, and

(1)(a) had sufficient alcohol in his or her body that a subsequent chemical test showed that the
defendant had a blood or breath alcohol concentration of .08 grams or greater at the time of the
test;

(b) was under the influence of alcohol, any drug, or the combined influence of alcohol and any
drug to a degree which rendered the defendant incapable of safely operating a vehicle; or

(c) had a blood or breath alcohol concentration of .08 grams or greater at the time of operation or
actual physical control; and
(2)(a) inflicted bodily injury upon another (Brianna Carter) as a proximate result of having
operated the vehicle in a negligent manner.

COUNT IV: OBSTRUCTING JUSTICE, in violation of Utah Code Ann. §76-8-306(1), a

Class A Misdemeanor, as follows:
That on or about August 25, 2016, in Salt Lake County, the defendant did, with intent to hinder,
delay, or prevent the investigation, apprehension, prosecution, conviction, or punishment of any
person regarding conduct that constitutes a criminal offense previously occurring in Tooele
County:

(i) provide false information regarding a suspect, a witness, the conduct constituting an offense,
or any other material aspect of the investigation.

This information is based on evidence obtained from the following witness: Roger
Daniels of Utah Highway Patrol - Tooele.

DATED: January 8, 2018.

Authorized for
Presentment and Filing by:

/s/ Gary K. Searle

Gary K. Searle
Chief Deputy Tooele County Attorney

PROBABLE CAUSE STATEMENT:

On July 25, 2016 in Tooele County, State of Utah, Utah Highway Patrol Troopers were
dispatched to an automobile accident which had occurred on Interstate 80 at approximately mile
marker 77. Upon arrival the troopers found an automobile which had left the roadway and rolled
causing severe damage to the automobile. The troopers noted that the back window had been
destroyed and the roof had separated from the vehicle due to the accident. There were 4
occupants of the vehicle. Three of the occupants, 2 males and one female, were out of the
vehicle; one of the males out of the vehicle was deceased. There was one male occupant in rear
seat of the vehicle still seat belted into the vehicle. The male out of the vehicle was walking
around frantically and the responding troopers noticed a strong smell of alcohol on his breath as
he spoke to them.
During the subsequent investigation the troopers noted that both front seat belts showed
use and one of the rear seat belts showed use. One of the rear seat belts was in a position that
showed it had not been in use during the accident. The deceased male, who had been located on
the ground outside the vehicle, showed signs of being ejected from the vehicle. With the front
driver seat belt having been in use at the time of the crash the investigators did not find the
evidence to support a conclusion that Mr. Newman had been driving the vehicle. Based on
injuries sustained by the occupants there was minimal interviews undertaken at the scene as the
occupants were transported to medical facilities. The female, Brianna Carter, although injured
stated she had been seated in the front passenger seat. The male in the rear seat, still seat belted
in, Robbie Bundrock, was not interviewed as he had suffered serious injuries. The 2nd male who
had been walking around frantically, Isaac James Hernandez, DOB-10/25/1988, was not
interviewed at the scene. The 3rd male, Scott Newman, was deceased and his body was
transported to the Utah State Medical Examiner’s office.
The troopers investigating the scene took measurements, pictures and other items as
evidence. As the driver of the vehicle could not be identified at the scene the troopers cut the
airbag--which had been deployed—out of the vehicle. The airbag was placed in a paper bag and
placed into evidence by the troopers.
Salt Lake area troopers responded to the University of Utah Medical Center where Isaac
James Hernandez had been transported. When the troopers arrived Mr. Hernandez was
unconscious. Pursuant to Utah law blood was drawn from Mr. Hernandez. The blood was
placed into evidence and sent to the Utah Unified State Laboratories for processing. The blood
was processed and a BAC of .14 was detected.
On August 24, 2016 investigators went to Mr. Hernandez’s address and spoke with his
aunt who stated he had moved in with his girlfriend and provided a cell phone number for Mr.
Hernandez. Mr. Hernandez was contacted and an interview was scheduled for August 30, 2016.
On August 30, 2016 investigators met with Mr. Hernandez outside a home of one of his
relatives. Mr. Hernandez was questioned as to the events leading up to the crash as well as the
crash itself. When asked about where each person was sitting in the vehicle Mr. Hernandez told
the investigators that he and Robbie were in the rear of the vehicle and that Scott and Briana
were in the front seat. Mr. Hernandez was asked if he was sitting in the back and he softly
responded “Ya [sic].” He then stated, “Pretty positive.” He was asked if he was positive of
pretty positive and he stated he was “Positive.” The investigators told Mr. Hernandez there was
evidence collected at the scene which indicated he was the driver. He said he was positive that
Scott (the deceased male) was the driver. The investigators told Mr. Hernandez about the airbag
and possible DNA. He maintained that he was not the driver of the car. Mr. Hernandez was then
served a copy of a search warrant authorizing the collection of his DNA. He submitted to the
collection without incident.
The airbag along with DNA from Mr. Isaac Hernandez and Mr. Scott Newman were
submitted to the Utah Bureau of Forensic Services for scientific analyzation. After being
analyzed it was determined that of the DNA profiles lifted from the airbag Ms. Scott Newman
was excluded as a contributor and that the major DNA profile is consistent with the DNA profile
of Mr. Isaac Hernandez and is estimated to occur once in: 3.5 Septillion Caucasians, 3.7
Octillion African Americans and once in every 90 Sextillion Southwestern Hispanics.
Based on the foregoing, evidence exists that Mr. Isaac Hernandez was the driver of the
automobile at the time of the crash, that his BAC was .14, that Mr. Scott Newman deceased and
Mr. Robbie Bundrock suffered serious injuries and Ms. Briana Carter suffered physical injury all
as a direct result of the crash. The evidence also supports that Mr. Isaac Hernandez was not
truthful when he told investigators that he was not driving the auto at the time of the crash and
Mr. Newman had been the driver.